Approve agreement with Dept of Commerce to provide Treasury Rent Assistance Program funds BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-131
APPROVING AGREEMENT BETWEEN LEWIS
COUNTY AND THE DEPARTMENT OF COMMERCE
TO PROVIDE TREASURY RENT ASSISTANCE
PROGRAM FUNDS THROUGH THE HOUSING
ASSISTANCE UNIT IN THE AMOUNT OF
$4,867,482
WHEREAS, the Lewis County Board of County Commissioners (BOCC) has
reviewed Agreement #21-4616C-116 with the Department of Commerce (DOC)
Housing Assistance Unit; and
WHEREAS, funds will be used to pay past-due and future rent as well as past-due
utilities to prevent evictions; 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 #21-4616C-116 between
Lewis County and DOC to provide Treasury Rent Assistance Program Grant funds
through the Housing Assistance Unit in the amount of $4,867,482 from March 1,
2021, through December 31, 2021, is hereby approved and the Director of Public
Health & Social Services is authorized to sign the same.
DONE IN OPEN SESSION this 6th day of April, 2021.
Page 1 of 2 Res. 21-131
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Gary Stamper
By: Eric Eisenberg, Gary Stamper, Chair
Chief Civil Deputy Prosecuting Attorney
ATTEST: •'�"_"�T' "��;. Lindsey R. Pollock, DVM
�, OrRD OF �•
Rieva Lester, Clerk of the Board"v t dsey R. Pollock, DVM, Vice Chair
S\sCE °'
45
La ra McRea •'�'"s ''��''����`��• Sean D. Swope
By: Lara McRea ' Sean D. Swope, Commissioner
Page 2 of 2 Res. 21-131
Executive Summary
Washington State Department of Commerce
Housing Assistance Unit
Treasury Rent Assistance Program (T-RAP)
Grant # 21 -4616C-116
Description
The Washington State Department of Commerce, through the Community Services
and Housing Division Housing Assistance Unit, awarded grant funds through the
Treasury Rent Assistance Program (T-RAP) to Lewis County Public Health & Social
Services on March 1, 2021 with a grant end date of December 31, 2021.
The T-RAP grant is intended to prevent evictions by paying past due and future
rent, and past due utilities while targeting limited resources to those with the
greatest needs and distributing funds equitably.
Funds will be sub-contracted through the Salvation Army and Equity Institute for
services to eligible Lewis County Residents.
Recommendation
Authorize acceptance of the grant funding.
Budget Impact
Fund: 141H56540 Revenue: 141 OHREV 333210
Amount: $ 4,867,482
Period: March 1, 2021 — December 31 , 2021
Cover Letter:
Mary Baldwin, Department of Commerce, Grant Coordinator
Email executed document to Mary.BaldwinRcommerce.wa.gov
Prepared by:
Michael Baum
it% Washington State
*m, Comrmerce
Interagency Agreement with
Lewis County Public Health and Human Services
through
Community Services and Housing Division
Housing Assistance Unit
Treasury Rent Assistance Program (T-RAP)
Start date: March 1, 2021
TABLE OF CONTENTS
Special Terms and Conditions
1. Authority 1
2. Acknowledgement of Federal Funding 1
3. Grant Management 1
4. Compensation 1
5. Billing Procedures and Payment 2
6. Subgrantee Data Collection 2
7. Insurance 2
8. Audit 2
9. Debarment 3
10. Compliance with Attachment"C"-Treasury Contract Terms 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 5
10. Licensing, Accreditation and Registration 5
11. Recapture 6
12. Records Maintenance 6
13. Savings 6
14. Severability 6
15. SubGranting 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, Treasury Rent Assistance Program Contract Terms
Attachment D, Department of Commerce Treasury Rent Assistance Program Guidelines
ii
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
1. AUTHORITY
COMMERCE and Grantee enter into this Grant pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW.
2. ACKNOWLEDGMENT OF FEDERAL FUNDS
Recipient understands and agrees that the funds disbursed under this award may only be used for
the purposes set forth in Section 501 of Division N of the Consolidated Appropriations Act, 2021,
Pub. L. No. 116-260(Dec. 27, 2020) (referred to herein as"Section 501").
The Grantee agrees that any publications(written,visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Grantee describing programs or projects funded in
whole or in part with federal funds under this Grant, shall contain the following statements:
"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 Local Government Coronavirus
Relief Fund thru the Washington State Department of Commerce."
3. 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.
a. The Representative for COMMERCE and their grant information are identified on the Face Sheet
of this Grant.
b. The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant.
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. 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.
When requesting reimbursement for expenditures made, Grantee shall submit all Invoice Vouchers and
any required documentation electronically through COMMERCE's Grants Management System (CMS),
which is available through the Secure Access Washington (SAW) portal.
Payment shall be considered timely if made by COMMERCE within thirty(30)calendar days after receipt
of properly completed invoices.
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 Grant is entitled to payment or has been or will be paid by any other
source, including grants,for that service.
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subgrantees.
6. SUBGRANTEE 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 Agreement performed by subgrantees and the portion of
funds expended for work performed by subgrantees, including but not necessarily limited to minority-
owned, woman-owned, and veteran-owned business subgrantees. "Subgrantees" shall mean
subgrantees of any tier.
7. INSURANCE
Local Government Self-Insured/Liability Pool or Self-Insured Risk Management Program
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.
8. AUDIT
Grantee shall maintain internal controls providing reasonable assurance it is managing federal awards in
compliance with laws, regulations, and provisions of Grants or grant agreements that could have a
material effect on each of its federal programs; and prepare appropriate financial statements, including a
schedule of expenditures of federal awards.
If the Grantee 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 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
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 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.
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall attach
an explanation to this Grant.
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.
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
grantee shall attach an explanation to this Grant.
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. COMPLIANCE WITH ATTACHMENT"C",TREASURY RENT ASSISTANCE CONTRACT
TERMS
Grantee must comply with Attachment"C", Treasury Rent Assistance Program Contract Terms.
Should any inconsistency in terms exist, the inconsistency shall be resolved by referring to Special
Terms and Conditions, Section11—Order of Precedence.
11. 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
Attachment C, Treasury Rent Assistance Program Contract Terms
Special Terms and Conditions
General Terms and Conditions
Attachment D, Department of Commerce Treasury Rent Assistance Program Guidelines
Attachment A–Scope of Work
Attachment B–Budget
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL 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 attachments, documents, or materials incorporated by reference. E-mail or
facsimile transmission of a signed copy of this grant shall be the same as delivery of an original.
D. "Grantee"shall mean the entity identified on the face sheet performing service(s)under this Grant,
and shall include all employees and agents of the Grantee.
E. "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" 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"
and "subgrantees" mean subgrantee(s)in any tier.
2. 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.
3. 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.
4. ASSIGNMENT
Neither this Grant, work thereunder, nor any claim arising under this Grant, shall be transferred or
assigned by the Grantee 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 Grantee by COMMERCE that is designated as "confidential" by
COMMERCE;
ii. All material produced by the Grantee that is designated as"confidential"by COMMERCE; and
iii. All personal information in the possession of the Grantee that may not be disclosed under state
or federal law.
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential
Information to any third party except with the prior written consent of COMMERCE or as may be
required by law. The Grantee shall take all necessary steps to assure that Confidential Information
is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential
Information or violation of any state or federal laws related thereto. Upon request,the Grantee shall
provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require
changes to such policies and procedures as they apply to this Grant whenever COMMERCE
reasonably determines that changes are necessary to prevent unauthorized disclosures. The
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
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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.
6. 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.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing.The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Grant 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 Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant.
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INTERAGENCY AGREEMENT
FEDERAL FUNDS
11. 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.
12. 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 (6) 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.
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 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.
14. 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.
15. SUBGRANTING
The Grantee may only subgrant work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subgranting, the Grantee shall maintain written procedures related to
subgranting, as well as copies of all subgrants and records related to subgrants. For cause,
COMMERCE in writing may:(a)require the Grantee to amend its subgranting procedures as they relate
to this Grant; (b) prohibit the Grantee from subgranting with a particular person or entity; or(c)require
the Grantee to rescind or amend a subgrant.
Every subgrant shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is
responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of
this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal
conditions of this Grant. In no event shall the existence of a subgrant operate to release or reduce the
liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties.
Every subgrant shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subgrantee's performance of the subgrant.
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GENERAL TERMS AND CONDITIONS
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16. 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.
17. 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.
18. 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.
19. 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 Grant.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall:
A. Stop work under the Grant on the date, and to the extent specified, in the notice;
B. Place no further orders or subgrants for materials,services,or facilities except as may be necessary
for completion of such portion of the work under the Grant that is not terminated;
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
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C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Grantee under the orders and subgrants
so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all
claims arising out of the termination of such orders and subgrants;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subgrants, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the Grant had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this Grant, which is in the possession of the
Grantee and in which 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 Grantee,for the cost of which the Grantee is entitled to be reimbursed as a direct item
of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the
Grantee.Title to other property, the cost of which is reimbursable to the Grantee under this Grant,shall
pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this
Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii)
reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs.
A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or
approved by COMMERCE, be used only for the performance of this Grant.
B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Grantee or which results from the failure on the part of the Grantee to
maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further 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.
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 Grant unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
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Attachment A
Scope of Work
The Treasury Rent Assistance Program (T-RAP)Grant is intended to prevent evictions by paying past
due and future rent, and past due utilities while targeting limited resources to those with the greatest
needs while working to distribute 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 all three of the initial screening criteria:
✓ Income at or below 80%of Area Median Income (AM I).
✓ Experiencing a financial hardship directly or indirectly due to the COVID-19 outbreak that
threatens the household's ability to pay the costs of the rental property when due.
✓ At risk of experiencing homelessness or currently experiencing housing instability.
In addition to following the eligibility criteria, the following households must be prioritized:
✓ Income at or below 50%Area Median Income (AMI).
✓ Households with one or more individuals who are unemployed and have been unemployed for 90
days before application date.
Performance Measurement
Grantees must ensure equitable access to T-RAP.
Equitable access means that the race and ethnicity of people entering T-RAP 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 T-RAP 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
✓ American Indian and Alaska Native
✓ Hispanic/Latinx
Data from all T-RAP 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.
Local Variance
Grantees interested in implementing program restrictions or additional eligibility requirements must
ensure they are based on vulnerability and/or risk and must first consult with their Commerce T-RAP
Grant Coordinator before implementation.
Attachment A
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.
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
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.
Attachment B
Budget
Commerce will monitor spending regularly to help ensure grantees are on track to spend out at least 65
percent of their award by September 30, 2021.
Beginning on September 30, 2021, the Department of Treasury will determine which grantees have
obligated at least 65 percent of their award and reallocate the unobligated funds. The amount of any such
reallocation shall be determined based on demonstrated need within a grantee's jurisdiction.
In August, Commerce will plan reallocations to meet the federal spending deadline. Grantees that do not
meet the invoice deadlines will be subject to grant budget reductions and funds will be reallocated.
March 1, 2021 —December 31, 2021
Budget Category
Administration and $618,025
Operations
Rent and Utilities $4,017,189
By&For Sub contract $232,269
Total $4,867,482
0MB Approved No.: 1505-0266
Expiration Date: 7/31/21
U.S. DEPARTMENT OF THE TREASURY
EMERGENCY RENTAL ASSISTANCE
Recipient name and address: DUNS Number: [Recipient to provide]
[Recipient to provide] O identification 55
ez, PRSS Taxpayer umber: [Recipient to
provide]
efit ct o, Oh- 96963a_ 9/-4,00/35'1
Section 501(a)of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260
(Dec. 27, 2020) authorizes the Department of the Treasury("Treasury")to make payments to
certain recipients to be used to provide emergency rental assistance.
Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms
attached hereto.
A 9
Authorized Representative:
Title: [To be signed by chief executive officer if recipient is a local government.]
Date signed: y
U.S.DEPARTMENT OF THE TREASURY
EMERGENCY RENTAL ASSISTANCE
1. Use of Funds. Recipient understands and agrees that the funds disbursed under this award
may only be used for the purposes set forth in Section 501 of Division N of the Consolidated
Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) (referred to herein as "Section
501").
2. Repayment and reallocation of funds.
a. Recipient agrees to repay excess funds to Treasury in the amount as may be determined
by Treasury pursuant to Section 501(d). Such repayment shall be made in the manner and
by the date,which shall be no sooner than September 30,2021,as may be set by Treasury.
b. The reallocation of funds provided by Section 501(d) shall be determined by Treasury and
shall be subject to the availability of funds at such time.
3. Availability of funds.
a. Recipient acknowledges that,pursuant to Section 501(e),funds provided under this award
shall remain available only through December 31,2021,unless,in the case of a reallocation
made by Treasury pursuant to section 501(d), Recipient requests and receives from
Treasury an extension of up to 90 days.
b. Any such requests for extension shall be provided in the form and shall include such
information as Treasury may require.
c. Amounts not expended by Recipient in accordance with Section 501 shall be repaid to
Treasury in the manner specified by Treasury.
4. Administrative costs.
a. Administrative expenses of Recipient may be treated as direct costs,but Recipient may not
cover indirect costs using the funds provided in this award, and Recipient may not apply
its negotiated indirect cost rate to this award.
b. The sum of the amount of the award expended on housing stability services described in
Section 501(c)(3) and the amount of the award expended on administrative expenses
described in Section 501(c)(5)may not exceed 10 percent of the total award.
5. Reporting.
a. Recipient agrees to comply with any reporting obligations established by Treasury,
including the Treasury Office of Inspector General,as relates to this award,including
but not limited to: (i)reporting of information to be used by Treasury to comply with its
public reporting obligations under section 501(g)and(ii) any reporting to Treasury and
the Pandemic Response Accountability Committee that may be required pursuant to
section 15011(b)(2)of Division B of the Coronavirus Aid,Relief, and Economic Security
Act(Pub. L. No. 116-136), as amended by Section 801 of Division 0 of the Consolidated
Appropriations Act, 2021 (Pub.L. No. 116-260). Recipient acknowledges that any such
information required to be reported pursuant to this section may be publicly disclosed.
b. Recipient agrees to establish data privacy and security requirements as required by Section
501(g)(4).
2
6. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to support compliance
with Section 501(c)regarding the eligible uses of funds.
b. The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records (electronic and
otherwise)of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five(5)years after all funds have
been expended or returned to Treasury.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
8. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of Section 501 and Treasury interpretive
guidance regarding such requirements. Recipient also agrees to comply with all other
applicable federal statutes, regulations, and executive orders, and Recipient shall provide
for such compliance in any agreements it enters into with other parties relating to this
award.
b. Federal regulations applicable to this award include,without limitation, the following:
i. Uniform Administrative Requirements,Cost Principles,and Audit Requirements for
Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable to this Award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform
Guidance,implementing the Single Audit Act,shall apply to this award.
ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25 and
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement),2 C.F.R.Part 180(including the requirement to include a term or
condition in all lower tier covered transactions(contracts and subcontracts described
in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury's implementing regulation at 31 C.F.R.Part 19.
v. Recipient Integrity and Performance Matters,pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
vi. Governmentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R.Part 21.
3
c. Statutes and regulations prohibiting discrimination applicable to this award, include,
without limitation,the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.)and Treasury's
implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the
grounds of race, color, or national origin under programs or activities receiving
federal financial assistance;
ii. The Fair Housing Act,Title VIII-IX of the Civil Rights Act of 1968(42 U.S.C.§3601
et seq.), which prohibits discrimination in housing on the basis of race, color,
national origin,sex,familial status,or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. § 794),which
prohibits discrimination on the basis of handicap under any program or activity
receiving or benefitting from federal assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and
Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance;and
v. The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local governments
or instrumentalities or agencies thereto.
9. False Statements. Recipient understands that false statements or claims made in connection
with this award may result in fines, imprisonment, debarment from participating in federal
awards or contracts, and/or any other remedy available by law.
10. Publications. Any publications produced with funds from this award must display the
following language: "This project [is being] [was] supported, in whole or in part,by federal
award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department
of the Treasury."
11. Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; (2) that are
determined by the Treasury Office of Inspector General to have been misused; or (3)
that are not repaid by Recipient as may be required by Treasury pursuant to Section
501(d)shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's
initial written demand for payment,unless other satisfactory arrangements have been
made. Interest, penalties, and administrative charges shall be charged on delinquent
debts in accordance with 31 U.S.C. § 3717 and 31 C.F.R. § 901.9. Treasury will refer
any debt that is more than 180 days delinquent to Treasury's Bureau of the Fiscal
Service for debt collection services.
c. Penalties on any debts shall accrue at a rate of not more than 6 percent per year or
such other higher rate as authorized by law.Administrative charges,that is,the costs
of processing and handling a delinquent debt, shall be determined by Treasury.
4
d. Funds for payment of a debt must not come from other federally sponsored programs.
12. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient
or third persons for the actions of Recipient or third persons resulting in death,bodily
injury, property damages, or any other losses resulting in any way from the
performance of this award or any other losses resulting in any way from the
performance of this award or any contract,or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way constitute an agency
relationship between the United States and Recipient.
13. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise
discriminate against an employee as a reprisal for disclosing information to any of the list
of persons or entities provided below that the employee reasonably believes is evidence of
gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant,a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal
contract(including the competition for or negotiation of a contract)or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury;and/or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under
this section,in the predominant native language of the workforce.
14. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217(April 8, 1997),Recipient should and should encourage its contractors to adopt and
enforce on-the-job seat belt policies and programs for their employees when operating
company-owned,rented or personally owned vehicles,
15. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513,Recipient
should encourage its employees, subrecipients, and contractors to adopt and enforce policies
that ban text messaging while driving,and Recipient should establish workplace safety
policies to decrease accidents caused by distracted drivers.
5
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: April 6, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving Agreement between Lewis County and the Department of Commerce to provide
Treasury Rent Assistance Program funds through the Housing Assistance Unit in the amount of
$4,867,482
Contact: Sandi Andrus Phone: 360-740-1148
Department: PHSS - Public Health & Social Services
Description:
Funds through the Treasury Rent Assistance Program (T-RAP) to prevent evictions by paying past
due and future rent and past-due utilities while targeting limited resources to those with the
greatest needs and distributing funds equitably. Effective March 1, 2021 through December 31,
2021.
Approvals: Publication Requirements:
Publications:
User Status
Erik Martin Pending
J.P. Anderson Pending
PA's Office Pending ; ) ] /-
Tammy Martin Pending
Additional Copies: Cover Letter To:
Sandi Andrus, Mike Baum, Stacey Loflin, Email Mary Baldwin:
Suzette Smith, Grace Jimenez, Michelle Mary.Baldwin @commerce.wa.gov
Sauter, Michelle Sabin, Jill Nielson, Lee
Wlazlak