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HomeMy WebLinkAboutGrant Related - Health DistrictK20-096 INTERLOCAL COOPERATION AGREEMENT BETWEEN GRANT COUNTY AND THE GRANT COUNTY HEALTH DISTRICT FOR GRANT FUNDING THROUGH THE CARES ACT This Interlocal Cooperation Agreement (the "Agreement") is entered into between Grant County, Washington (the "County"), a political subdivision of the State of Washington, and the Grant County Health District (the "District"), collectively referred to as the "Parties." WHEREAS, on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act") was signed into law providing for over $2 trillion relief for American workers, families, and small businesses, and to preserve jobs for American industries; WHEREAS, on April 27, 2020, Washington State announced the allocation of nearly $300 million for local governments from the Coronavirus Relief Fund (the "CRF") available under the CARES Act; WHEREAS, the County's share of the CRF is approximately 5.4 million; WHEREAS, the County desires to immediately make available up to $1,400,000 to the District for its COVID 19 response; WHEREAS, RCW Chapter 39.34, entitled the Interlocal Cooperation Act, permits local governments, including health districts and counties, to make the most efficient use of their powers by enabling them to cooperate in order to provide services and facilities that "will accord best with geographic, economic, population and other factors influencing the needs and development of local communities;" NOW, THEREFORE, in consideration of the premises and promises, terms and conditions set forth below, it is agreed as follows: ARTICLE 1 PURPOSE 1.1 Purpose. The purpose of this Agreement is to set forth the terms and conditions under which the County will provide grant funding to the District. ARTICLE II GRANT FUNDING AND DISTRICT'S USE OF FUNDS 2.1 Grant Funding. The County agrees to provide up to $1,400,000.00 to the District from the County's share of its local CRF allotment, to be used for costs incurred by the Coronavirus public health emergency during the period of March 1, 2020, through October 31, 2020, and not accounted for in the District budget approved as of March 27, 2020. 2.2 District's Use of Grant Funds. The District shall comply with the Department of Commerce's Coronavirus Relief Funds for Local Governments Program Guidelines: CARES Act Funds for Local Governments in Washington State, dated May 18, 2020, which is attached hereto as Attachment A and incorporated by this reference. 2.2.01 Eligible Expenses. The District shall ensure that the funds cover costs that are necessary and eligible under any of six cost categories: (a)COVID-19-related medical expenses; (b)COVID-19-related public health expenses; (c) Payroll Expenses for those employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency; (d) Expenses of actions to facilitate compliance with COVID-19 public health measures; (e) Expenses of associated with the provision of economic support related to the COVID-19 public health emergency, and; (f) Any other Covid-19 related expense necessary to the function of government that satisfy the fund eligibility criteria. 2.2.02 Ineligible Expenses. Non -allowable expenditures include, but are not limited to: (a) Expenses for the state share of Medicaid; (b) Damages covered by insurance; (c) Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency; (d) Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by states to state unemployment funds; (e) Reimbursement to donors for donated items or services; (f) Workforce bonuses other than hazard pay or overtime; (g) Severance pay; (h) Legal settlements. 2.2.03 Eligible Cost Test. The District shall determine whether or not an expense is eligible using the Washington State Department of Commerce's five-part cost test as further detailed in Attachment A. If all responses for the particular incurred cost are "true" for all five statements below, the District may deem the cost is eligible: (a) The expense is connected to the COVID-19 emergency; (b) The expense is "necessary;" (c) The expense is not to fill a shortfall in government revenues; (d) The expense is not funded through another budget line -item, allotment or allocation, as of March 27, 2020; and (e) The expense would not exist but for COVID -19 or would be for a "substantially different" purpose. 2.3 Reimbursement. The County shall pay the grant funds to the District on a reimbursement basis upon certification by the District of the eligibility of the expenses incurred for such work, so long as requests for reimbursement are submitted on or before October 15, 2020, to allow for the County's October 31, 2020 reporting deadline. Requests for reimbursement shall be completed on a form provided by the County. ARTICLE III ADMINISTRATION 3.1 Administration. This Agreement shall be administered by the District with no administrative or overhead costs passed to the County. 3.2 Processing Reimbursements. District reimbursement submittals to the County shall be processed within fifteen days of receipt by the County. ARTICLE IV EFFECTIVE DATE OF AGREEMENT 4.1 Duration. This Agreement shall be effective only upon execution by the Parties and filing with the Grant County Auditor pursuant to RCW 39.34.040, and shall extend until the CRF allotment been exhausted or October 31, 2020, whichever occurs first. ARTICLE V INDEMNITY 5.1 Claims. The District agrees to indemnify, defend and hold the County, its departments, elected and appointed officials, employees, and agents, harmless from and against any and all claims, damages, losses and expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or any damage to or destruction of property, including the loss of use resulting therefrom, which are alleged or proven to be caused in whole or in part by an act or omission of the District's officers, directors, employees and agents relating to the District's performance of work funded by this Agreement. 5.2 Invalid Reimbursements. The District shall bear the risk of invalid claims. In the event a claim is ruled invalid by the Washington Department of Commerce, the Federal Government or any other entity responsible for processing the claims the Health District shall reimburse the County for the amount of the denied claim. ARTICLE VI PERFORMANCE OF AGREEMENT 6.1 Compliance with All Laws. Each party shall comply with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of this Agreement. 6.2 Maintenance and Audit of Records. Each party shall maintain books, records, documents and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by either party or its designee, and the Washington State Auditor's Office. Each party shall retain all such books, records, documents and other materials for five (5) years following the termination of this Agreement. 6.3 Inspections. Either party or its designee may evaluate the performance of this Agreement through inspection to determine whether performance is in compliance with the standards set forth in this Agreement, and in compliance with federal, state and local laws, rules, regulations and ordinances. 6.4 Improper Influence. Each party agrees, warrants and represents that it did not and will not employ, retain or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining or extending this Agreement. Each party agrees, warrants and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining, maintaining or extending this Agreement. 6.5 Conflict of Interest. The elected and appointed officials and employees of the Parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest as defined in RCW 42.23 et seq. ARTICLE VII DISPUTES 7.1 Time. Time is of the essence of this Agreement 7.2 Waiver Limited. A waiver ofany term or condition ofthis Agreement must be in writing and signed by the party. Any express or implied waiver of a term or condition of this Agreement shall apply only to the specific act, occurrence or omission and shall not constitute a waiver as to any other term or condition or future act, occurrence or omission. 7.3 Attorney's Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, each party shall pay its own attorney's fees and costs incurred in that action, arbitration or other proceeding. 7.4 Governing Law and Venue. This Agreement shall be governed exclusively by the laws of the State of Washington. Grant County shall be the sole proper venue for any and all suits brought to enforce or interpret the provisions of this Agreement. ARTICLE VIII GENERAL PROVISIONS 8.1 Assignment. Neither party may assign its rights or delegate its duties under this Agreement, whether by assignment, further, subcontract or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach of this Agreement. 8.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties. There are no understandings or agreements between parties other than those set forth in this Agreement. No other statement, representation or promise has been made to induce either party to enter into this Agreement. 8.3 Modification. This Agreement may not be amended, supplemented or otherwise modified unless expressly set forth in a written agreement signed by the parties and adopted by resolution of each Party's legislative authority. 8.4 Invalid Provisions. The invalidity or unenforceability of any particular term or provision of this Agreement shall not affect the validity or enforceability of any otherterm or provision and this Agreement shall be construed in all respects as if such invalid or unenforceable term or provision was omitted. GRANT COUNTY WASHINGTON BOARD OF COUNTY COMMISSIONERS I ADOPTED on this<�_ day of June, 2020. Cindy Carter Chair Tom Taylor 1 Vice -Chair r Richard Stevens Commissioner ATTEST: y CI to the Board APPROVED AS TO FORM: Civil Deputy Prosecuting Attorney GRANT COUNTY HEALTH DISTRICT ADOPTED on this day of June, 2020. Theresa Adkinson, Administrator 8.4 Invalid Provisions. The invalidity or unenforceability of any particular term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision and this Agreement shall be construed in all respects as if such invalid or unenforceable term or provision was omitted. GRANT COUNTY WASHINGTON BOARD OF COUNTY COMMISSIONERS ADOPTED on this day of June, 2020. Cindy Carter Chair Tom Taylor Vice -Chair Richard Stevens Commissioner ATTEST: Clerk of the Board APPROVED AS TO FORM: Civil Deputy Prosecuting Attorney 5 GRANT COUNTY HEALTH DISTRICT ADOPTED on this , 5Q day of June, 2020. eresa Adkinson, Administrator ashin ton •'� W Depagtme ttofe �i►w Commerce Coronavirus Relief Funds for Local Governments Program Guidelines CARES Act Funds for Local Governments In Washington State Administered by the Department of Commerce Local Government Division P.O. Box 42525 Olympia, WA 98504-2525 (Dated 5-18-2020) Contact Information Mailina / Street Address: Washington State Department of Commerce Local Government Division PO Box 42525 1011 Plum Street SE Olympia, WA 98504-2525 Program Leadership: Tony Hanson Deputy Assistant Director Community Capital Facilities Unit 360-725-3005 Tony. Hanson (a)-commerce.wa.4ov Commerce Leadership: Lisa Brown, Ph.D. Director Tina Hochwender Managing Director Community Assistance and Research Unit 360-725-3087 Tina. HochwenderCa)commerce.wa.gov Mark Barkley Assistant Director Local Government Division This publication is available in an alternative format upon request. Events sponsored by Commerce are accessible to persons with disabilities. Accommodations may be arranged with a minimum of 10 working days' notice by calling 360-725-3087 Coronavirus Relief Funds (CRF) for Local Governments Program Guidelines TABLE OF CONTENTS General Information.................................................................... 1 1. Source of Funds.............................................................. 1 2. Allocation Formula.......................................................... 1 3. Period of Performance.................................................... 1 4. Intended Use................................................................... 1 5. Eligible Costs.................................................................. 2 6. Ineligible Costs............................................................... 4 7. Eligible Cost Test............................................................ 4 8. Cost Reimbursements..................................................... 5 Process & Procedure to Obtain Funds ....................................... 7 1. Award Letter.................................................................... 7 2. Working Papers.............................................................. .7 3. Contract.......................................................................... 7 4. Reimbursement Requests ............................................... 8 5. A-19 Certification and Activity Report .............................. 8 General Information 1. Source of Funds You have been awarded funds through the state's Coronavirus Relief Funds (CRF). The funds are available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). Your grant is funded entirely through the federal stimulus funding under the CARES Act provided by the U.S. Department of Treasury (US Treasury) to the Governor via the Office of Financial Management (OFM). On April 27, 2020 Governor Inslee announced the award of nearly $300 million to local governments in CRF from the state's allocation of the CARES Act funding. 2. Allocation Formula OFM developed the allocation methodology and determined the jurisdiction amounts. The allocations were based on 2019 population estimates for each jurisdiction. Funds will be provided to cities and counties with populations under 500,000 that were ineligible to receive direct funding under the CARES Act. Each county will receive a minimum distribution of $250,000 and each city will receive a minimum distribution of $25,000. Cities and counties with populations over 500,000 did not receive a direct allocation from the state. Instead these jurisdictions received a direct allocation from the US Treasury (i.e. city of Seattle, King Co., Pierce Co., Snohomish Co., etc.). For a complete list of cities and counties and their allocations, click here. 3. Period of Performance The Coronavirus Relief Funds may only be used for costs incurred by local governments in response to the COVID-19 public health emergency during the period of March 1, 2020 thru October 31, 2020. The US Treasury's Guidance provides an end date of December 30, 2020. This is the end date in which the state must have reimbursed all "recipients of the funds' (grantees) their costs incurred in response to the COVID-19 emergency. In order to allow time for Commerce to process final payments and conduct contract closeouts; and for OFM to fully utilize any unspent funds before they expire, expenditures are only being accepted on costs incurred through October 31, 2020. All final requests for reimbursement must be submitted no later than November 15, 2020. 4. Intended Use Under the CARES Act, the Coronavirus Relief Funds (CRF) may be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); AND 2. Are NOT accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or local government. The "most recently approved" budget refers to the enacted budget for the relevant fiscal period for the particular government. A cost meets this requirement if: a) The cost cannot lawfully be funded using a line item, allotment, or allocation within that budget; OR b) The cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. 3. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. Funds may NOT be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. The use of these funds are very broad and flexible, and can be used for both operating and capital expenditures. If funds are being used for capital expenditures such as acquisition of real property or construction / renovation costs, please contact us immediately. We will provide you with further information and guidance. Utilizing CRF for these purposes will require additional Federal and state provisions being applied to the project such as: • All projects must be reviewed under a Federal Section 106 review for archaeological and cultural resources if the project: acquires property, disturbs ground, and/or involves structures more than 50 years old. Grantees must submit documentation to the project manager when the review is complete. Section 106 supersedes the Governor's Executive Order 05-05 review. • Construction / renovation projects may be required to meet high-performance building standards and document they have entered the state's LEED certification process. • Construction / renovation projects will be required to follow Federal Davis Bacon and state prevailing wage laws, rules, and regulations. Additionally, grantees must ensure all capital expenditures are only for costs incurred through the limited timeframe of March 1, 2020 thru October 31, 2020. 5. Eligible costs There are six (6) primary eligible cost categories. These cost categories and their eligible cost sub- categories are as follows: 1. Medical expenses such as: • COVID-19-related expenses of public hospitals, clinics, and similar facilities. • Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. • Costs of providing COVID-19 testing, including serological testing. • Emergency medical response expenses, including emergency medical transportation, related to COVID-19. • Expenses for establishing and operating public telemedicine capabilities for COVID-19-related treatment. 2. Public health expenses such as: • Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. • Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency. • Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency. • Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. • Expenses for public safety measures undertaken in response to COVID-19. • Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: • Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. • Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. • Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. • Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. • COVID-19-related expenses of maintaining state prisons and countyjails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. • Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: • Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. • Expenditures related to a state, territorial, local, or Tribal government payroll support program. • Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund's eligibility criteria. 6. Ineligible costs Non -allowable expenditures include, but are not limited to: 1. Expenses for the state share of Medicaid. 2. Damages covered by insurance. 3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 4. Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by states to state unemployment funds. 5. Reimbursement to donors for donated items or services. 6. Workforce bonuses other than hazard pay or overtime. 7. Severance pay. 8. Legal settlements. 7. Eligible cost test Grantees are charged with determining whether or not an expense is eligible based on the US Treasury's Guidance and as provided in the grantee's contract scope of work with Commerce. To assist grantees with this determination, Commerce has developed an eligibility cost test. This test gives each grantee full authority to make the appropriate call for each circumstance. TEST — If all responses for the particular incurred cost are "true' for all five statements below, then a jurisdiction can feel confident the cost is eligible: 1. The expense is connected to the COVID-19 emergency. 2. The expense is "necessary'. 3. The expense is not filling a short fall in government revenues. 4. The expense is not funded thru another budget line item, allotment or allocation, as of March 27, 2020. 5. The expense wouldn't exist without COVID-19 OR would be for a "substantially different" purpose. It is the responsibility of each grantee to define "necessary" or "substantially different", giving the grantee the authority and flexibility to make their own determination. Additional consideration — The intent of these funds is to help jurisdictions cover the immediate impacts of the COVID-19 emergency. Both direct costs to the jurisdiction and costs to their communities. There are many possible eligible costs. Many costs are clearly eligible and others are in more of a grey area. One could probably justify some of the "grey area" costs based on the test, but are they directly addressing the immediate impacts? Possibly not. In these situations it may be safer and more appropriate to utilize the funds in one of the many other eligible cost categories that more clearly meet the intent of the funds. Again, each grantee has the full authority to make the final call based on their circumstances and justification.