HomeMy WebLinkAboutGrant Related - BOCC (006)K20-166
Washington State
Department of
V4449 Commerce
Interagency Agreement with
GRANT COUNTY BOARD OF COMMISSION
through
Community Services and Housing Division
Housing Assistance Unit
Shelter Program Grant
Start date: August 1, 2020
3
TABLE OF CONTENTS
Special Terms and Conditions
1. Authority...............................................................................................1
2. Contract Management............................................................................................1
3. Compensation........................................................................................................1
4. Billing Procedures and Payment................................................................1
5. Historical or Cultural Artifacts.................................................................................1
6. Insurance.............................................................................................2
7. Ownership............................................................................................ 2
8. Subcontractor Data Collection................................................................................3
9. Order of Precedence.............................................................................................. 3
General Terms and Conditions
1.
Definitions..............................................................................................................4
2.
All Writings Contained Herein................................................................................4
3.
Amendments..........................................................................................................4
4.
Assignment............................................................................................................4
5.
Confidentiality and Safeguarding of Information....................................................4
6.
Copyright................................................................................................................5
7.
Disputes.................................................................................................................5
8.
Governing Law and Venue....................................................................................5
9.
Indemnification.......................................................................................................6
10.
Licensing, Accreditation and Registration..............................................................6
11.
Prevailing Wage.....................................................................................................6
12.
Recapture...............................................................................................................6
13.
Records Maintenance............................................................................................6
14.
Savings...................................................................................................................6
15.
Severability.............................................................................................................6
16.
Subcontracting.......................................................................................................6
17.
Survival...................................................................................................................7
18.
Termination for Cause............................................................................................7
19.
Termination for Convenience.................................................................................7
20.
Termination Procedures.........................................................................................7
21.
Treatment of Assets...............................................................................................8
22.
Waiver....................................................................................................................8
Attachment A, Scope of Work
Attachment B, Budget
FACE SHEET
Contract Number: 21-46100-104
Washington State Department of Commerce
Community Services and Housing Division
Housing Assistance Unit
Shelter Program Grant
1. Contractor
2. Contractor Doing Business As (optional)
GRANT COUNTY BOARD OF COMMISSION
PO BOX 37
EPHRATA, WA 98823-0037
3. Contractor Representative
4. COMMERCE Representative
Brittany Rang
Kathryn Dodge P.O. Box 42525
Administrative Services Coordinator
Grant Manager 1011 Plum Street SE
509-754-2011 ext. 2937
(360) 764-9682 Olympia, WA 98504-2525
brang@grantcountywa.gov
kathryn.dodge@commerce.wa.gov
5. Contract Amount
6. Funding Source
7. Start Date
8. End Date
$523,375.00
Federal: ❑ State: ® Other: ❑ N/A: ❑
August 1, 2020
June 30, 2023
9. Federal Funds (as applicable) Federal Agency: CFDA Number
N/A N/A N/A
10. Tax ID #
11. SWV #
12. UBI #
13. DUNS #
XXXXXXXXXXXXXX
SWV0002426-03
132001884
N/A
14. Contract Purpose
The Shelter Program Grant funds equitable and creative approaches to develop or expand shelter programs and bring unsheltered
people inside with the goal of exiting participants to permanent and positive outcomes quickly
15. Signing Statement
COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of
this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their
respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following
documents hereby incorporated by reference: Attachment "X'— Scope of Work, Attachment `B" — Budget and Shelter Program Grant
Guidelines.
FOR CONTRACTOR
FOR COMMERCE
Cindy Curter. BOCC Ch"off
Diane Klontz, si ant Director
P '
ed e, title
Community Se ice and Housing Division
Signature
Date
(
APPROVED AS TO FORM ONLY BY ASSISTANT
Date
ATTORNEY GENERAL 08/22/2019.
APPROVAL ON FILE.
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34
RCW.
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Contract.
a. The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Contract.
b. The Representative for the Contractor and their contact information are identified on the Face
Sheet of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed the Contract amount listed on the Face Sheet for the
performance of all things necessary for or incidental to the performance of work under this Contract as
set forth in the Scope of Work (Attachment A).
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE.
When requesting reimbursement for expenditures made, Contractor 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. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition
of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, 'rf the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
5. HISTORICAL OR CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, Contractor shall
complete the requirements of Governor's Executive Order 05-05, where applicable, or Contractor shall
complete a review under Section 106 of the National Historic Preservation Act, 'rf applicable. Contractor
agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations,
and agreements related to the preservation of historical or cultural resources and agrees to hold
State of Washington Interagency Agreement Updated August 2019
Department of Commerce Page 1
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
harmless COMMERCE and the state of Washington in relation to any claim related to such historical
or cultural resources s discovered, disturbed, or damaged as a result of the project funded by this
Contract.
In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor's
Executive Order 05-05, coordinate with Commerce and the Washington State Department of
Archaeology and Historic Preservation ("DAHP"), including any recommended consultation with any
affected tribe(s), during Project design and prior to construction to determine the existence of any tribal
cultural resources affected by Project. Contractor agrees to avoid, minimize, or mitigate impacts to the
cultural resource as a continuing prerequisite to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the Contractor shall immediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at DAHP, and the Commerce
Representative identified on the Face Sheet. If human remains are uncovered, the Contractor shall
report the presence and location of the remains to the coroner and local enforcement immediately, then
contact DAHP and the concerned tribe's cultural staff or committee.
The Contractor shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44
regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources;
RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48
regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute
for completion of Governor's Executive Order 05-05.
In the event that the Contractor finds it necessary to amend the Scope of Work the Contractor may be
required to re -comply with Governor's Executive Order 05-05 or Section 106 of the National Historic
Preservation Act.
6. INSURANCE
Local Government Self-Insured/Liability Pool or Self -Insured Risk Management Program
Contractor shall provide annually to COMMERCE a summary of coverages and a letter of self-
insurance, evidencing continued coverage under Contractor'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.
7. OWNERSHIP
If any of the funds granted under this Contract are used for property acquisition and or capital
improvements, the Contractor agrees and will ensure that the real property or properties will solely be
used to provide emergency housing for low-income households as defined under RCW 43.185A.010
(6), except during State of Emergency related to the COVID-19 outbreak described in the
Proclamation by the Governor, 20-05 or similar states of emergency. Use of funds under this Contract
are subject to the requirements of 2020 ESSB 6168 (Chapter 357, Laws of 2020), Section 127,
subsection (85).
If a housing provider organization other than the Contractor will own the property, all amounts used
for property acquisitions and or capital improvements shall be evidenced by promissory notes, deeds
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
of trust, and low-income restrictive covenants running with the land in favor of the Contractor for at
least ten (10) years starting from the time the property is ready for occupancy by the intended
population (the "Commitment Period"). The Contractor will be responsible for monitoring the property
or properties to ensure compliance with its low-income restrictive covenant during the Commitment
Period.
If the Contractor will own the property, all amounts used for property acquisitions and or capital
improvements shall be evidenced by promissory notes, deeds of trust, and low-income restrictive
covenants running with the land in favor of the Department for at least ten (10) years starting from the
time the property is ready for occupancy by the intended population.
Each deed of trust and low-income restrictive covenant shall be recorded at the county or counties in
which the property or properties are located.
The Contractor will make a good faith effort not to incur costs reimbursable under this Contract in
excess of what is reasonable given market prices, balanced by the need to act promptly to procure
and operate housing and provide services necessary to respond to the State of
Emergency. Commerce reserves the right to decline reimbursement of costs deemed excessive in
Commerce's discretion.
S. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Agreement performed by subcontractors and the
portion of funds expended for work performed by subcontractors, including but not necessarily limited
to minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall
mean subcontractors of any tier.
9. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Special Terms and Conditions
General Terms and Conditions
Attachment A — Scope of Work
Attachment B — Budget
Shelter Program Grant Guidelines
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the
Contractor, including any attachments, documents, or materials incorporated by reference. E-mail
or facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
3. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
4. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by
COMMERCE;
ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE;
and
iii. All personal information in the possession of the Contractor that may not be disclosed under
state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request, the
Contractor shall provide COMMERCE with its policies and procedures on confidentiality.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
COMMERCE may require changes to such policies and procedures as they apply to this Contract
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Contractor shall make the changes within the time period specified
by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take necessary
steps to mitigate the harmful effects of such use or disclosure.
6. COPYRIGHT
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be
considered the author of such Materials. In the event the Materials are not considered "works for hire"
under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in
all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE
effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty -
free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and
represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Contract. The
Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE
shall have the right to modify or remove any restrictive markings placed upon the Materials by the
Contractor.
7. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
8. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior
Court for Thurston County.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
STATE FUNDS
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
11. PREVAILING WAGE LAW
The Contractor certifies that all contractors and subcontractors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project
funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing
Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain
records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records
available for COMMERCE's review upon request.
12. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies available
at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Contract.
13. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this contract.
The Contractor shall retain such records for a period of six (6) years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be subject
at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
14. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
15. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the contract.
16. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of COMMERCE.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
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If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they
relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity;
or (c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subcontractor's performance of the subcontract.
17. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall
so survive.
18. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the replacement
or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of
the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her
control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition
to any other rights and remedies provided by law.
19. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
20. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract,
may require the Contractor to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this contract as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
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(iv) the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract.
COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized
Representative determines to be necessary to protect COMMERCE against potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the Authorized Representative to the extent the
Authorized Representative may require, which approval or ratification shall be final for all the
purposes of this clause;
E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the Authorized Representative any property which, if the contract had been completed, would have
been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of
the Contractor and in which the Authorized Representative has or may acquire an interest.
21. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct
item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property
by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this
contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this contract, or (ii) commencement of use of such property in the performance of this
contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Contractor or which results from the failure on the part of the Contractor
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor's employees, agents
or Subcontractors.
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
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22. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be
such in writing and signed by Authorized Representative of COMMERCES
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Attachment A
Scope of Work
Grantee commits to implementing a shelter program that uses equitable and creative approaches
to bring people inside with the goal of exiting residents to permanent housing quickly as
described in Grantee's application for Shelter Program funds.
A. Program Description
1. Overview
a. Shelter program will serve all household types.
b. Shelter program will add 20 beds.
c. Shelter program will operate as continuous stay.
2. Facility Type
a. Grant County will subgrant to HopeSource to operate a permanent emergency
shelter site.
b. The shelter program will be located at:
1214 S. Pioneer Way, Moses Lake, WA 98837.
c. The shelter facility is an existing multi -family apartment complex that will be
converted from market -rate apartments to an enhanced shelter facility.
d. Amenities and utilities will include kitchenette with stovetop, refrigerator,
microwave, kitchen sink, laundry room on site, parking on site in addition to
street parking). Disinfecting products will be available to all units. Each unit
will have its own bathroom.
3. Racial Equity
a. Grant County, HopeSource, and the City of Moses Lake will implement
strategies to prevent racial inequities in who is served and program outcomes.
HopeSource recognizes that race and ethnicity can significantly limit the
opportunities of program participants, acknowledges the unequal impact of
these factors, and works to help program participants in overcoming systemic
racism through increased access to housing, education, asset building, income,
employment, and high-quality food.
HopeSource will continue to work with the Washington State Community
Action Partnership and the National Community Action Partnership in its
Attachment A
education, training, and research into Diversity, Equity, and Inclusion (DEI)
and adopt the learning from that work in all its programs.
HopeSource expects that employees, vendors, and subcontractors are sensitive
to the culture, race and ethnicity, gender identity and sexual orientation, and
the linguistic diversity within the populations served and will demonstrate
behaviors and attitudes that enable them to work cross -culturally.
HopeSource has invited Diversity, Equity, and Inclusion (DEI) consultants
from The ReadySet to conduct a community forum and listening session that
incorporates ally skills touchpoints, and will follow up with community
groups to better understand barriers and biases of organizations and
individuals.
HopeSource will build capacity around DEI so that they continue to model
diversity, equity, and inclusion for external stakeholders and communities and
provide an equitable and inclusive environment for staff and partners.
HopeSource will work with local leaders to move the following initiatives
forward: conduct community forum and listening session incorporating ally
skills touchpoints; ally skills workshops for HopeSource staff, and a more
detailed ally skills workshop for the community. Ally skills workshop
learning outcomes include telling the difference between allyship and being an
accomplice; knowing how to intervene in workplace marginalization;
empowered to speak up and respond when inequality occurs; understanding
how to address and respond to workplace harm; exhibiting self -reflection as
an ally.
4. Housing Focused Services
a. HopeSource will provide housing case management to residents that is driven
by the needs of the resident, is flexible, uses a strengths -based approach and is
focused on obtaining and maintaining housing.
HopeSource will connect shelter residents to mainstream services including
but not limited to behavioral health, chemical dependency, education or
workforce training, employment services and permanent supportive housing.
HopeSource case managers create housing stability plans, which can include
connections for housing, food, transportation, mental and physical health,
addiction counseling, legal advice, and employment and education coaching
and case management. Case managers work with clients to identify solutions
to other barriers to the achievement of employment, education, social
connections, and basic needs, whose absence keeps them from increasing their
long term and sustainable self-sufficiency. Case managers continue contact
with clients utilizing Progressive Engagement principles, supplying only the
amount of support required to move a household forward.
Attachment A
HopeSource case managers will provide services that include trauma -
informed case management; crisis counseling; planning and support for timely
resolution of a housing crisis; development of a housing and employment
stability plan; support in moving into permanent housing; reunification with
family or friends to secure or stabilize housing; and connecting clients to
mainstream and community-based services, financial counseling, energy
assistance, food, clothing, legal, and employment and education services.
5. Diversion and Problem Solving
a. HopeSource will utilize problem -solving conversations to divert households
from entering the shelter or utilizing crisis response system services longer
term.
HopeSource will use problem -solving conversations at the front end of
Coordinated Entry. These conversations can accomplish the following, based
on the needs of the household: connect the client to family and natural
supports; provide strengths -based case management; provide conflict
resolution/mediation; work with the client to search for housing/placement
options; provide landlord/tenant mediation; connect the client to mainstream
resources; refer the client to legal assistance.
6. Outreach
a. HopeSource will provide outreach to unsheltered individuals.
HopeSource will conduct regular visits to known locations where people
experiencing homelessness reside and gather. This will occur within and
around Moses Lake and neighboring jurisdictions in collaboration with the
Grant County Homeless Coalition, Moses Lake Food Bank, Grant Integrated
Services, Housing Authority, and local law enforcement.
7. Coordinated Entry Partnership
a. Accessing the Enhanced Shelter program will begin with entry into the cloud -
based Regional Coordinated Entry system managed by HopeSource. The
system can also be accessed by phone or in person, and information on how to
access Coordinated Entry is posted widely and visibly and shared with all
public service providers. Staff can also conduct in -office, field-based, or
phone intakes depending on the situation of the person contacting coordinated
entry. The coordinated entry assessment includes a VI-SPDAT designed for
each demographic to be served to determine the level of vulnerability and to
develop a stability plan best suited to the needs of each client.
8. Administration
Attachment A
Grantees will submit the following monthly deliverables with completeness,
timeliness, accuracy and consistency:
b. Invoice and Voucher Detail Worksheet for reimbursement (Guidelines: Fiscal
Administration).
c. Grantees commit to reporting complete, quality data that is timely, truthful
and accurate. (Guidelines: Requirements of all Lead Grantees and Subgrantees
Providing Direct Service and HMIS User Agreement).
d. Grantees shall comply with all of the requirements, policies and procedures in
the Shelter Program Grant Guidelines.
B. Performance
Requirements
a. Projects are not required to meet or make progress toward performance targets
as a condition of funding for the current contract period. Project performance
data will impact community and state level performance measures.
b. Grantees should aim to improve the housing outcomes of Shelter Program
participants. For each intervention type funded by the Shelter Program,
grantees should adopt the following performance goals:
Intervention Type
Performance Goal
HMIS Calculation
Performance
Target' ,
Increase Percent Exits to Permanent
Of people in the ES project who exited, those who
50%
Emergency
Housing
exited to permanent housing destinations
Shelter
Increase Percent Exits to Positive
Of people in the ES project who exited, those who
50%
Drop-in
Outcomes
exited to Positive Outcome destinations
Emergency
Shelter2
Increase Percent Exits to Positive
Of people in the Other project who exited, those
50%
Temporary
Outcomes
who exited to Positive Outcome destinations
Shelter Site3
1 The target is the level of desirable performance and is an indicator of a high performing project.
z Drop-in Emergency Shelters offer night -by -night living arrangements that allow households to enter and exit on an irregular or
daily basis and often use a Night -By -Night tracking method in HMIS.
3 A Temporary Shelter Site is defined as structure(s) or a location locally permitted to provide temporary shelter for people
experiencing homelessness. Tents, mitigation sites, or hosted encampments are examples of Temporary Shelter Sites.
Attachment A
c. Equitable Access and Housing Outcomes
1. Grantees should ensure equitable access to Shelter Program and
equitable housing outcomes of Shelter Program participants.
Equitable access means that the race and ethnicity of people entering
the Shelter Program 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 the
Shelter Program by race and ethnicity.
Equitable housing outcomes means that the outcomes of the Shelter
Program participants should be similar, regardless of race or ethnicity.
d. Exit Destinations
Exit Destinations Options
Reduce Average Length of Stay
Of the people active in the project, the days
Not established
All
following destinations are
homeless as measured by each client's start, exit
considered Positive exits
considered Permanent exits
and bed night dates strictly as entered into HMIS.
from Emergency Shelters
c. Equitable Access and Housing Outcomes
1. Grantees should ensure equitable access to Shelter Program and
equitable housing outcomes of Shelter Program participants.
Equitable access means that the race and ethnicity of people entering
the Shelter Program 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 the
Shelter Program by race and ethnicity.
Equitable housing outcomes means that the outcomes of the Shelter
Program participants should be similar, regardless of race or ethnicity.
d. Exit Destinations
Exit Destinations Options
Positive Outcome: The
Permanent Housing: The
following destinations are
following destinations are
considered Positive exits
considered Permanent exits
from Drop-in ES and
from Emergency Shelters
Temporary Shelter Sites
Emergency shelter, including hotel or motel paid for with emergency shelter
Negative Outcome
voucher, or RHY-funded Host Home shelter
Positive Outcome
Foster Care home or foster care group home
Negative Outcome
Positive Outcome
Hospital or other residential non -psychiatric medical facility
Removed from
Removed from denominator
denominator
Hotel or Motel paid for without emergency shelter voucher
Positive
Negative Outcome
Outcome
Jail, prison or juvenile detention facility
Negative Outcome
Negative Outcome
Moved from one HOPWA funded project to HOPWA TH
Positive Outcome
Negative Outcome
Place not meant for habitation (e.g., a vehicle, an abandoned building,
Negative Outcome
Negative Outcome
bus/train/subway station/airport or anywhere outside)
Psychiatric hospital or other psychiatric facility
Positive Outcome
Negative Outcome
Residential project or halfway house with no homeless criteria
Removed from
Negative Outcome
denominator
Attachment A
Safe Haven
Positive Outcome
Negative Outcome
Staying or living with family, temporary tenure (e.g. room, apartment or house)
Positive Outcome
Negative Outcome
Staying or living with friends, temporary tenure (e.g. room, apartment or house)
Positive Outcome
Negative Outcome
Substance abuse treatment facility or detox center
Positive Outcome
Negative Outcome
Transitional housing for homeless persons (including homeless youth)
Positive Outcome
Negative Outcome
Long-term care facility or nursing home
Positive Outcome
Removed from denominator
Host Home (non -crisis)
Positive Outcome
Permanent Housing
Moved from one HOPWA funded project to HOPWA PH
Positive Outcome
Permanent Housing
Owned by client, no ongoing housing subsidy
Positive Outcome
Permanent Housing
Owned by client, with ongoing housing subsidy
Positive Outcome
Permanent Housing
Permanent housing (other than RRH) for formerly homeless persons
Positive Outcome
Permanent Housing
Rental by client, no ongoing housing subsidy
Positive Outcome
Permanent Housing
Rental by client, with GPD TIP housing subsidy
Positive Outcome
Permanent Housing
Rental by client, with other ongoing housing subsidy
Positive Outcome
Permanent Housing
Rental by client, with VASH housing subsidy
Positive Outcome
Permanent Housing
Staying or living with family, permanent tenure
Positive Outcome
Permanent Housing
Staying or living with friends, permanent tenure
Positive Outcome
Permanent Housing
Rental by client, with RRH or equivalent subsidy
Positive Outcome
Permanent Housing
Rental by client, with HCV voucher (tenant or project based)
Positive Outcome
Permanent Housing
Rental by client, with HCV voucher (tenant or project based)
Positive Outcome
Permanent Housing
Attachment A
Deceased
Removed from
Removed from denominator
denominator
Client doesn't know
Unknown / Negative
Unknown / Negative
Outcome
Outcome
Client refused
Unknown / Negative
Unknown / Negative
Outcome
Outcome
Data not collected
Unknown / Negative
Unknown / Negative
Outcome
Outcome
No exit interview completed
Unknown / Negative
Unknown / Negative
Outcome
Outcome
Other
Unknown / Negative
Unknown / Negative
Outcome
Outcome
Attachment A
Budget
Participating Jurisdictions Amount Dedicated
Grant County $335,511
Moses Lake $187,864
Total $523,375
Grant County Enhanced Shelter Program
Budget Category
Amount
Pre -Occupancy
Up to $10, 000 per bed prior to occupancy
$200,000
Post -Occupancy Operations
Up to $56 per day per net additional bed
$323,375
Total
$523,375
3
Barbara Vasquez
From: June Strickler
Sent: Thursday, October 8, 2020 4:16 PM
To: Barbara Vasquez
Subject: Changes made to Shelter Program Grant
Barb
Here are the changes from Commerce on the Shelter Program Grant:
On another related note, we just discovered that our contract template did not include
everything it needed to so I will need to re-route the contract to you for signature again.
The primary edits are the last three bullets below and need to be in contracts where
there is acquisition, rehab or construction.
1. Added: "unsheltered" to line 14 Contract Purpose on the Face Sheet
2. Removed "Expenses" in Special Terms and Conditions.
3. Added "Ownership" to Special Terms and Conditions.
4. Added "Historical or Cultural Artifacts" to Special Terms and Conditions.
5. Added "Prevailing Wage Law" to General Terms and Conditions.
June Strickler
Grant Administration Specialist
Board of County commissioners�-
Grant County
PO Box 37
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Ephrata, Washington 98823
Phone: (509) 754-2011 ext. 2937
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