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HomeMy WebLinkAboutGrant Related - BOCC (009)Z K20-114 HGREEMEN I BETWEEN GRANT COUNTY AND THE GRANT COUNTY ECONOMIC DEVELOPMENT COUNCIL FOR GRANT FUNDING THROUGH THE CARES ACT This Agreement (the "Agreement") is entered into between Grant County, Washington (the "County"), a political subdivision of the State of Washington, and the Grant County Economic Development Council (Grant County"EDC'), a not-for-profit corporation organized underthe IawsoftheState of Washington. Collectively, Grant County and Grant County EDC are sometimes referred to as the "Parties." WHEREAS, onJune 30, 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, andto 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 underthe CARES Act, WHEREAS, the County's share of the CRF is $5.4 million; WHEREAS, the County desires to immediately allocate $2.5 million of the CRF to Grant County for a Small Business Grant Program (the "Grant Program") to assist small businesses within the County; WHEREAS, Grant County has declared a state of emergency and desires to deploy the funds as rapidly as possible, WHEREAS, the County has determined that engaging with Grant County EDC for the disbursement of the CRF funds, pursuant to the terms below, would yield efficiencies not available to the County alone. NOW, THEREFORE, in consideration of the premises and promises, terms and conditions set forth below, it is agreed as follows: ARTICLE I 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 Grant County. ARTICLE II GRANT FUNDING AND EDC'S USE OF FUNDS 71 Grant Funding. The County agrees to provide up to $2.5 million ($2,500,000.00) to the EDCfrom 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 Grant County budget approved as of March 27, 2020. 22 EDC's Use of Grant Funds. Grant County 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 b/ this reference. 2201 Eligible Expenses. Grant County 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. 2202 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. 2203 Eligible Cost Test. Grant County EDC 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 Grant County EDC 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. 23 Reimbursement. The County shall pay the grant funds to local businesses on a reimbursement basis upon certification by Grant County 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. ARTICLE III ADMINISTRATION 31 Administration. This Agreement shall be administered by Grant County EDC with no administrative oroverhead costs passed to the County. 32 Criteria. Grant County shall comply with the following criteria when identifying businesses eligible for grant funds: (a) Businesses or organizations with 20 or less full-time equivalent employees; (b) The business or organizations is situated in Grant County, Washington; (c) The business or organizations has been inoperation for longer than six -months; (d) The business or organizations has a valid Unified Business Identifier (UBI); (e) The business or organizations has completed an Application form, attached hereto as Attachment and entered into the agreement with Grant County, attached hereto as Attachment C. (f) The total amount of grant funds available to any one business or organizations shall not exceed $10,000.00. 33 Processing Reimbursements. EDC 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 and EDC's Clerk of the Board, pursuant to RCW Chapter 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. Grant County 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, orany 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 EDC's officers, directors, employees and agents relating to Grant County's performance of work funded bythis Agreement. Commerce or other authority shall disallow claims. EDC shall reimburse the County for funds expended if the claim is disallowed. ARTICLE VI PERFORMANCE OF AGREEMENT 61 Compliance with All Laws. Each party shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the performance of thisAgreement. 62 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 byeither 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. 63 Inspections. Either party or its designee may evaluate the performance of this Agreement through inspection to determine whether performance is incompliance with the standards setforth 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 nota n d will notemploy, 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. 65 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 asdefined in ROW 42.23 etseq. ARTICLE VII DISPUTES 71 Time. Time isof the essence of this Agreement 72 Waiver Limited. A waiver of any term or condition of this Agreement must beinwriting and signed by the party. Any express or implied waiver of a term orcondition of this Agreement shall applyonly tothe specific act, occurrence or omission and shall not constitute a waiver as to any other term or condition or future act, occurrence, oromission. 73 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 i that action, arbitration or other proceeding. 74 Governing Law and Venue. This Agreement shall begoverned exclusively bythe 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 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 GRANT COUNTY ECONOMIC DEVELOPMENT COUNCIL BOARD OF COUNTY COMMISSIONERS ADOPTI;Q on this /% ayeof�July, 2020. Cindy Carter Chair Tom Taylor Vice -Chair Richard Stevens Commissioner ATT T: Clerk f he Board APPROVED AS TO FORM: Civil Deputy Prosecuting Attorney ADOPTED on this day of July, 2020. Brant Mayo, Executive Director 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. Thereare no understandings or agreements between parties other than those set forth in this Agreement Noother statement, representation or promise Inas 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 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 GRANT COUNTY ECONOMIC DEVELOPMENT COUNCIL BOARD OF COUNTY COMMISSIONERS L1 ADOPTED on this _ day of June, 2020. ADOPTED on this 13 day of-=, 2020. �RArrT �.►��'i� FXEzu-rt,.e iJr12CCTt�2 ATTACHMENT A Coronavirus Relief Funds for Local Governments Program Guidelines: CARES Act Funds for Local Governments in Washington State (May 18, 2020) ATTACHMENT A 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 ATTACHMENT A Contact Information Mailing/ 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(@commerce.wa.gov Commerce Leadership: Lisa Brown, Ph.D. Director Tina Hochwender Managing Director Community Assistance and Research Unit 360- 725- 3087 Tina. HochwenderPcommerce. 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 cf 10 working days' notice by calling 360- 725-3087. 4 ATTACHMENT A Coronavirus Relief Funds(CRF)for Local Governments Program Guidelines TABLE OF CONTENTS GeneralInformation............................................................................................................................................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 ATTACHMENT A r;nnaral Infnrmatinn 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 Actfunding. 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 USTreasury (i.e. city of Seattle, I(ing 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 USTreasurv's Gu idance 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 ATTACHMENT A approved" budget refers to the enacted budget for the relevant fiscal period for the particular government. A cost meets this reouirpment if: a) The cost cannot lawfully befunded 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 aline item, allotment, or allocation. 3 A cost isnotconsidered to have been accounted for ina budget merely because itcould bemetusinga budgetary stabilization fund, rainy dayfund, or similar reserve account. Funds may NOTbeused to fill shortfalls ingovernment revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement' snot a permissible use of Fund payments. The use of these funds is 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 50years old. Grantees must submit documentation to the project manager when the review ¢complete. Section 106supersedes the Governor's Executive Order 05-05 review. • Construction / renovation projects may berequired 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. ATTACHMENT A • Expenses for establishing and operating public telemedicine capabilities for COVI D -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, eg, nursing homes, hresponse to the COVID-19 public health emergency. • Expenses for technical assistance to local authorities or other entities mmitigation of COVID-19-related threats to public health andsafety. Expenses for public safety measures undertaken inresponse toCOVID-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. 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, hconnection with school closings to enable compliance with COVI D-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 county jails, including asrelates to sanitation and improvement of social distancing measures, to enable compliance with COVI D-19 public health precautions. • Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COM D-19 public health precautions. 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 bythe federal government pursuant to the CARES Act or otherwise. 0 ATTACHMENT A 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 bythe federal government pursuant to the CARES Act of contributions bystates to state unemployment funds. 5 Reimbursement to donors for donated items or services. 6 Workforce bonuses other than hazard pay orovertime. 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 ingovernment revenues. 4 The expense is not funded thru another budget line item, allotment, or allocation, as of March 27, 2020. 5 The expense would not exist without COVID-19 OR would be for a "substantially different" purpose. It isthe 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 isto help jurisdictions cover the immediate impacts of the COVID-19 emergency. Both direct costs to thejurisdiction 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. ATTACHMENT A 8 Cost reimbursement Funds are available on a reimbursement basis only and cannot beadvanced under any circumstances. Iffunds are being used for the acquisition of real property or construction/ renovation costs, please contact us immediately. Reimbursable costs are those that a Grantee has already incurred. We may only reimburse grantees for eligible costs incurred in response to the COVID-19 public health emergency during the period of March 1,2020 thru October 31, 2020. Final Date of Reimbursements In order to ensure all awardees and their costs incurred in response to the COVID-19 emergency are paid out by December 30, 2020 per the US Treasury's Guidance, 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. Grantees will not be required to submit a proposed budget prior to contract execution. Grantees will have the discretion and flexibility to determine where these funds may best serve their communities. Each grantee will determine eligible costs to submit for reimbursement. For reporting purposes, expenditures must be tracked at the sub -category level for the six (6) primary eligible cost categories, as follows: 1 Medical Expenses A Public hospitals, clinics, and similarfacilities B Temporary public medical facilities & increased capacity C COVID-19 testing, including serological testing D Emergency medical responseexpenses E Telemedicine capabilities F. Other 2 Public Health Expenses A Communication and enforcement of public health measures B Medical and protective supplies, including sanitation and PPE C Disinfecting public areas and other facilities D Technical assistance on COVID-19 threat mitigation E Public safety measures undertaken F. Quarantining individuals G Other 3 Payroll expenses for public employees dedicated to COVID-19 A Public Safety B Public Health C Health Care D Human Services E Economic Development F. Other 4 Expenses to facilitate compliance withCOVID-19 measures A Food access and delivery to residents B Distance learning tied to school closings C Telework capabilities of public employees 10 ATTACHM ENT A D Paid sick and paid family and medical leave to public employees E COVID-19-related expenses incountyjails F. Care and mitigation services for homeless populations G Other 5 Economic Supports A Small Business Grants for business interruptions R Payroll Support Programs C Other 6 Other COVID-19 Expenses No receipts or proof of payment for costs incurred will be required to be submitted to Commerce. Grantees are still required to maintain sufficient accounting records in accordance with state and federal laws. Monitoring visits maybe scheduled. It ATTACHMENT A Process and Procedure to Obtain Funds 1 Award Letter Commerce strives to administer funds expediently and with a minimum of red tape. We do so within the policies and procedures established bythe USTreasury and state's Legislature, OFM, Commerce, and the Office of the Attorney General. Prior to receiving funds, a contract will need to be executed with Commerce. Award letters with instructions to initiate the contracting process will beemailed to each city and county receiving an allocation by no later than May 22nd. Emails to cities will besent to mayors and any other contacts obtained with the assistance of the Association of Washington Cities. Emails to counties will besent to the county commissioners and any other contacts obtained with the assistance of the Washington State Association of Counties. Included with the award letter will be: • CRF Program Guidelines A draft contract template for review and to initiate the public process for authorization to execute once the final contract is available for execution • Working Papers 2 Working papers Your grant award packet includes Working Papers. The Working Papers ask for basic information needed to create a contract: • Contact information for the person who will administer the grant once the contract issigned. Grant documents and correspondence will be sent to this person. • Your Statewide Vendor Number (SWV#) Your Federal Indirect Rate Your fiscal year end date Name and title for the person authorized by thejurisdiction to sign thecontract Please complete and return the Working Papers to the Commerce project manager identified inthe award letter assoon as possible, even if you do not plan to begin drawing your funds for a while. Your project manager will manage your contract until project completion. Feel free to give us a call if you have anyquestions asyou fill out the form (see contact information on previous page). 3 Contract Once the completed Working Papers have been received bythe Commerce project manager identified inthe award letter, a contract will be prepared and sent to you for signature. Have the authorized representative sign the contract and then return a scanned pdf copy to your project manager. Then the project manager will route the contract for Commerce's signature. It generally takes two to four weeks to fully execute a contract. Once executed by Commerce a fully executed copy will be scanned and a pdf copy emailed to the jurisdiction and you will have access to your funds. Commerce is working to make the contracting process as quick and easy aspossible. ATTACHMENT A 4 Reimbursements This isa reimbursement -style grant, meaning no advance payments. Funds are available once a contract is executed. All grantees are required to setup a SWV number so funds maybe sent electronically. Grantees have the flexibility to cash out their grantor draw down funds as frequently as once a month aslong as you have incurred documented eligible costs in response to the COVID-19 public health emergency during the period of March 1,2020 thru October 31, 2020. All final requests for reimbursement must be submitted no later than November 15 2020. Commerce has moved to electronic vouchering through their Contracts Management System (CMS) Online A-19 portal. Requests for reimbursement must besubmitted online through the CMS System by an individual authorized by the Grantee's organization. Online electronic vouchering provides for grantees to receive reimbursements as quickly as possible. Grantees with barriers to using the online A-19 portal, may request an A-19 form from their Commerce project manager. Access to CMS is available through the Secure Access Washington (SAW) portal. You will need tocreate a SAW account if you do not already have one. Please find detailed instructions here: Office of Financial Management. It may take upto three weeks after you submit this information for an electronic transfer account to beset up. We will automatically receive your SWV number from the office that sets them up. Once logged into SAW, add the Department of Commerce to your 'services' and submit an Online A-19 External User Request form. Then Commerce will add you as anew external user in CMS; and the CMSsystem will generate and email a registration code to you to complete the CMS registration. For additional grantee support, refer to the Commerce Online A-19 Weboage for External Users, which includes SAW resources and the CMS manual for external users. The A-19 voucher must include a detailed breakdown of the costs incurred within each eligible budget category and the total reportable eligible expenses in responseto the COVID-19 public health emergency. Accompanying with each voucher must bean executed A-19 certification and A-19 activity report. Incomplete or improperly prepared submissions may result in payment delays. After receipt and acceptance of a fully completed A-19 voucher submittal, grantees can expect electronic reimbursements within 7-10 days. No receipts or proof of payment for costs incurred Will be required to be submitted to Commerce. Grantees are still required to maintain sufficient accounting records in accordance with state and federal laws; and are responsible for maintaining clear and accurate program records and making them accessible to Commerce and the State Auditor. Monitoring visits may be scheduled. 5 A-19 Certification and Activity Report Inorder to receive reimbursement for eligible expenses incurred, each A-19 Voucher must include: 1 A completed A-19 Certification: • An individual authorized to execute on behalf of the local government must certify b/signing this document under penalty of perjury that the items and costs listed herein and onthe accompanying Commerce A-19 Voucher are eligible charges for necessary expenditures incurred due to the COVID-19 public health emergency that were not previously accounted for inthe most recent approved budget as of March 27, 2020, 13 ATTACHMENT A and that the funds were used in accordance with section 601(a) of the Social Security Act, as added by section 5001of the Coronavirus Aid, Relief, and Economic Security Act ("CARESAct"). 2 A completed A-19 Activity Report (instructions included in document): • Must be submitted as an Excel spreadsheet, not a PDF. • Include a detailed breakdown of the individual eligible expenditures reported by each sub -category of the six (6) primary budget categories. Each primary budget category includes sub -categories and provides an option to add "other" sub -categories. • Include the total amount of all previous reimbursement requests for each applicable sub -category. • Include the total amount of funds being requested in the current reimbursement request for each applicable sub -category. • Include a brief description of the use of the funds being requested for each applicable sub -category. Keep descriptions as concise as possible but include adequate context to demonstrate how these funds addressed the COVID-19 emergency. If applicable, please consider: o Providing a brief description of the specific activities performed. o Identifying specific populations served. o Identifying specific programs created or utilized. o Including any known or intended outcomes, results, or community impacts. o A certification and activity report must becompleted and returned with each reimbursement voucher. After the contract is executed, you will receive additional instructions on how to submit electronic reimbursement requests with the A-19 certification and A-19 activity report. 14 ATTACHMENT B GRANT COUNTY SMALL BUSINESS SUPPORT INITIATIVE APPLICATION I • Date Order # Versare 3236 California St NE Minneapolis MN 55418 United States Prepay Outside Delivery (Driver removes from truck) Hush Panel 6x3 Craig Hintz Hush Panel 6x3 Ocean WITH FROSTED ACRYLIC Craig Hintz 32 C St Nw Rm 302 32 C St Nw Rm 302 Ephrata WA 98823 Ephrata WA 98823 United States ACRYLIC United States (509)750-4022 Prepay Outside Delivery (Driver removes from truck) Hush Panel 6x3 3 Hush Panel 6x3 Ocean WITH FROSTED ACRYLIC Ocean WITH FROSTED ACRYLIC Hush Panel Post 9 Hush Panel Post 6` 6` Hush Panel 6x4 3 Hush Panel 6x4 Ocean WITH FROSTED ACRYLIC Ocean WITH FROSTED ACRYLIC Hush Panel 6x5 1 Hush Panel 6x5 Ocean WITH FROSTED ACRYLIC Ocean WITH FROSTED ACRYLIC Freight 6,'11,2020 273.001 819.001 H 4 36.00 324.00 8A 327.00 981.00 8A 365.001 365.001 8.41/6 Once your package ships we'll send an email with tracking information. Before unpacking your product, please do a quick initial inspection and record any noticeable damages on the delivery slip Subtotal 2,489.00 before signing and returning to the driver. Please take pictures of any packaging damage and send Shipping Cost (Freight) 75.00 them to customersavice@versare.com along with the order number and a brief description of the Tax Total 215.41 damage. If you have questions about your order please call our Customer Service team at Total $2,779.41 ATTACHMENT C Agreement between the CDRPA and Eligible Business for Transfer and Use of the Grant County GORES Act Small Business Support Initiative Grant Funding Attachment C AGREEMENT BETWEEN THE GRANT COUNTY ECONOMIC DEVELOPMENT COUNCIL AND FOR TRANSFER AND USE OF GRANT COUNTY CARES ACT SMALL BUSINESS SUPPORT INITIATIVE GRANT FUNDING THIS AGREEMENT is made this_day of _____,2020, by and between the GRANT COUNTY EDC, a non-profit corporation ("CDRPA"), and ("Company"), collectively referred to as the "Parties." WHEREAS, the CDRPA is a not-for-profit corporation, organized under the State of Washington, to provide economic development programs and resources throughout Chelan and Grant counties, and; WHEREAS, the Companyappliedforandwasawardeda$___ Grant County CARES Act Small Business Support Initiative Grant ("Grant Funds') for the benefit of the Company for allowable expenses. The Company's application is attached hereto as Exhibit A NOW THEREFORE, inconsideration of the mutual covenants and agreements herein, the Parties agree as follows AGREEMENT 1 Incorporation of Recitals/Exhibits. The Recitals and referenced Exhibits are incorporated herein bythis reference. 2 Scope of Relief. a Allowable Expenses. The Company may be reimbursed only for expenditures identified in the attached Scope of Work. The Company's expenditures will be documented by submittal to CDRPA of vendor/supplier invoices evidencing completion o f the work identified in Exhibit B. tithe event an ineligible expenditure is submitted, itwill not be reimbursed by Grant County or the CDRPA. b Unallowable Expenses. The Company acknowledges that Grant Funds cannotbe used for t h e following expenses: payroll, salary, employee or owner compensation, capitalized equipment, travel, office equipment, and computer software 3 Performance bythe Company. a Deliverables. Inconsideration for the Grant Funds, the Company agrees to the deliverables identified in the Scope of Work, attached as Exhibit B, including providing the CDRPA with invoices/deliverables for its request for reimbursement under this Agreement. The Company also agrees to provide periodic updates to the CDRPA to report on the status of the Company. b InterlocalAgreement. The Parties to this Agreement agree to beboundtothe provisions ofthe Interlocal Agreement between the CDRPA and Grant County ("Interlocal Agreement") and included as Exhibit C of this Agreement. 4 Source of Grant Funds. Grant Fundsare provided to the Company and shall bea sum nottoexceed $______.ThePartiesacknowledgethatfundingforthisAgreementcomesolelyaspass- 18 through of funds received by CDRPA from Grant County. CDRPA h as noindependent obligation to provide the Company with funds from any other source. Effective Date. The effective date of this Agreement shall be the date signed by both parties. 6 Grant Contract Amendments. The Parties acknowledge that Grant County may request changes to the Interlocal Agreement or its provisions. Any changes or revisions to the Grant Fund terms and conditions that are applicable to this Agreement shall be incorporated by amendment of this Agreement, following written notice by CDRPA to the Company. 7. Nondiscrimination. During the performance of this Agreement, the Company shall comply with all federal and state nondiscrimination laws, including but not limited to, chapter 49.60 RCW,Washington's Law Against Discrimination, and 42 U.S.C.12101 et seq., the Americans with Disabilities Act (ADA). Inthe event of the Company's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled, orterminated in whole or in part. Termination. a If the Company fails to fulfill its obligations under this Agreement, the CDRPA mayterminate this Agreement upon written notice to the Company specifying the reason for termination. The termination date shall bespecified inthe notice of termination. b Notwithstanding the above subsection, in the event Company fails to comply with it obligations, promises, and contract, asset forth in Section 3, it shall be obligated to return any funds received from Grant County to the CDRPAfor the CDRPAto return to Grant County. 9 Public Disclosure. All Company documents and records comprising the Agreement, and all other documents and records provided to the CDRPA by the Company are deemed public records subject to disclosure under the Washington State Public Records Act, Chapter 42.56 RCW. Thus, the CDRPA maybe required, upon request, to disclose the Agreement and documents or records related to it unless an exemption under the Public Records Act or other laws applies. Attorney Fees and Governing Law. a Inthe event a suit, action, arbitration, or other proceeding of any nature whatsoever, including without limitation any proceeding under the U.S. Bankruptcy Code, is instituted, or the services of any attorney are retained, to interpret or enforce any provisions of this Agreement or with respect to any dispute relating to this Agreement, the prevailing party shall be entitled to recover from the losing party its attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith. The amount of such fees, costs, and expenses shall be determined by the judge or arbitrator, shall include fees and expenses incurred on any appeal or review, and shall be i n addition to all other amounts provided bylaw. h This Agreement shall be governed by and interpreted and enforced in a cco rd a n c e with the IawsoftheState ofWashingtonand the venue will beinGrantCounty, Washington. 19 11 Entire Agreement. The Parties agree that this Agreement, including referenced exhibits, is the complete expression of the terms agreed to by the Parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind the Parties 12 Severability. In the event any term or condition of this Agreement or application thereof to any person or circumstances is hell invalid, such invalidity shall notaffect other terms, conditions, orapplications of this Agreement that can be given effect without the invalid term, condition, orapplication. Tothis end, the terms and conditions of this Agreement are declared severable. GRANTCOUNTY ECONOMIC DEVELOPMENT COMPANY COUNCIL Street 1 6594 Patton Blvd NE Street 2 Moses Lake, WA 98837 Street 3 Date: Date: By: Brant Mayo, Director Bv: XXXXXXX, Owner Attachments: Exhibit A: Grant County Small Business Support Initiative Grant Application Exhibit B: Scope of Work Exhibit C: Interlocal Agreement between the CDRPA and Grant County Exhibit D,. IRS Form W-9 20 EXHIBIT B SCOPE OF WORK Qualifying Reimbursable Expenses Expense Amount Rent Supplies/Inventory Training Opening Expenses (masks, gloves, thermometers, sanitation supplies, ehc) Other (describe) TOTAL Deliverables from the Company 1 The Company shall provide documentation, in sufficient detail and in a timely manner, to verify completion of the reimbursable expenses as specified by Grant County on the attached document. Documentation shall include vendor invoices reflecting costs for these activities and other appropriate documentation. Documentation shall be for reimbursable expenses only. This reimbursement -based grant can only, assist with Invoices dated March 1, 2020 through October 31, 2020. 2 The Company shall complete and return the attached IRS FORM W-9, attached as Exhibit D. 3 The Company acknowledges Its obligation to abide by the Grant Funding terms, including: a The Company will reopen in good faith when permitted by the Governor; b. The Company will follow the Governor's phasing plan applicable to the Company's industry; c The Company will contact the CDRPA if it will be closing permanently prior to June 30, 2021; and On or before May 31, 2021, the Company will provide periodic updates on the economic impact of the Grant Funding, including the number of employees before the COVID-19 pandemic, the then -current number of employees, and the percentage by which revenue has increased or decreased during the same period.