HomeMy WebLinkAboutWashington State Department of Commerce FACE SHEET
Contract Number: 20-6541C-023
Washington State Department of Commerce MC Contract#20-061
Local Government Division
Community Capital Facilities Unit
Coronavirus Relief Fund for Local Governments
1. Contractor 2.Contractor Doing Business As(optional)
Mason County
411 N 5th Street
Shelton,Washington 98580-4292
3.Contractor Representative 4.COMMERCE Representative
Frank Pinter Amanda Sieler P.O.Box 42525
Director of Support Services Project Manager 1011 Plum Street SE
(360)490-6623 (360)791-1228 Olympia,WA 98504-2525
Fpinter@co.mason.wa.us Fax 360-586-5880
amanda.sieler@commerce.wa.gov
S.Contract Amount 6.Funding Source 7.Start Date 8.End Date
$3,821,400.00 Federal: X State: Other: N/A: March 1,2020 October 31,2020
9.Federal Funds(as applicable) Federal Agency: CFDA Number: Indirect Rate(if applicable):
$3,821,400.00 US Dept. of the Treasury .21.019 12.40%
10.Tax ID# 11.SWV# 12.UBI# 13.DUNS#
SWV0001893-11 232002101 069580751
14.Contract Purpose
To provide funds for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19)
during the period of March 1,2020 thru October 31,2020. Final invoices must be received by November 15,2020.
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"A"—Scope of Work,Attachment`B"—Budget&Invoicing,Attachment
"C"—A-19 Certification,Attachment"D"—A-19 Activity Report
FOR CONTRACTOR FOR COMMERCE
— -:�e"--.,/ — Allrd4
Sharon Trask,CIA ir Mason County BOCC Mark K. ey,Assistant Director,Local Government Division
&/�/&7d *VO
Date Date
APPROVED AS TO FORM ONLY BY ASSISTANT
ATTORNEY GENERAL 05-01-2020.
APPROVAL ON FILE.
iii
SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERALFUNDS
The voucher must be certified by an official of the Contractor with authority to bind the Contractor. The final
voucher shall be submitted to COMMERCE no later than November 15, 2020.
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly.
The invoices shall describe and document, to COMMERCE's satisfaction, reimbursable expenditures as
set forth under the Scope of Work(Attachment A)and Budget& Invoicing(Attachment B).The invoice shall
include the Contract Number as stated on the Face Sheet.
Each voucher must be accompanied by an A-19 Certification (Attachment C) and A-19 Activity Report
(Attachment D). The A-19 Certification must be certified by an authorized party of the Contractor to certify
and attest all expenditures submitted on the voucher are in compliance with the United States Treasury
Coronavirus Relief Fund ("Fund") Guidance for State, Territorial, Local, and Tribal Governments:
https:Hhom e.treasury.gov/system/files/136/Coronavirus-Relief-Fund-G u i dance-for-State-Territorial-Local-
and-Tribal-Governments.pdf
The A-19 Activity Report must be submitted which describes, in Excel spreadsheet and narrative form, a
detailed breakdown of the expenditures within each applicable budget sub-category identified in the
voucher, as well as a report of expenditures to date. COMMERCE will not release payment for any
reimbursement request received unless and until the A-19 Certification and A-19 Activity Report is received.
After approving the Invoice Voucher, A-19 Certification and Activity Report, COMMERCE shall promptly
remit a warrant to the Contractor.
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, if 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.
Should the Contractor be found to spent funds inconsistent with federal laws, rules, guidelines,or otherwise
inappropriately, it is the responsibility of the Contractor to reimburse Commerce for any amount spent on
disallowed costs.
8. AUDIT
Contractor shall maintain internal controls providing reasonable assurance it is managing federal awards
in compliance With laws, regulations, and provisions of contracts or grant agreements that could have a
material effect on each of its federal programs; and prepare appropriate financial statements, including a
schedule of expenditures of federal awards.
If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all
sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific
audit for that fiscal year. Upon completion of each audit, the Contractor shall:
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
United States Laws, Regulations and Circulars (Federal)
Contractor shall comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirement
for Federal Award, 2 CFR 200, Subpart F—Audit Requirements.
Contractor shall comply with the applicable requirements of 2 CFR Part 200, including any future
amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget
(OMB)Circular or regulation.
Contractor shall comply with Omnibus Crime Control and Safe streets Act of 1968,Title VI of the Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of
1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The
Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28
C.F.R. Part 35 and 39.
11. 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& Invoicing
• Attachment C—A-19 Certification
• Attachment D—A-19 Activity Report
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GENERAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL 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
FEDERALFUNDS
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. Contractor
shall incorporate 2 CFR Part 200, Subpart F audit requirements into all subcontracts. 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.
16. 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.
17. 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.
18. 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.
19. 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
(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
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Attachment A
Scope of Work
This funding is made 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") and Section V and VI of the
CARES Act,for costs incurred due to the public health emergency with respect to the Coronavirus Disease
2019 (COVID-19). Under the CARES Act,the Coronavirus Relief Fund 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 government.
These funds may be used to reimburse for expenditures incurred during the period of March 1, 2020 thru
Oct. 31, 2020. Please note: In order to ensure all funds have been fully utilized prior to the US
Treasury's December 30,2020 end date, the State of Washington must closeout contracts by October
31, 2020. All final requests for reimbursement must be received no later than November 15, 2020.
Expenditures must be used for necessary actions taken to respond to the public health emergency.These
may include expenditures incurred to allow the local government to respond directly to the emergency,such
as by addressing medical or public health needs, as well as expenditures incurred to respond to second-
order effects of the emergency, such as by providing economic support to those suffering from employment
or business interruptions due to COVID-19-related business closures.
Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not
a permissible use of Fund payments.
Payments may be used only to cover costs not accounted for in the budget most recently approved as of
March 27, 2020. A cost meets this requirement if either:
1. The cost cannot lawfully be funded using aline item, allotment, or allocation Within that budget; OR
2. The cost is for a substantially different use from any expected use of funds in such a line item,
allotment, or allocation.
The "most recently approved" budget is the enacted budget for the relevant fiscal period for the particular
government.A cost is not considered to have been accounted for in a budget merely because it could be
met using a budgetary stabilization fund, rainy day fund, or similar reserve account.
Allowable expenditures include, but are not limited to:
1. Medical expenses such as:
a. COVID-19-related expenses of public hospitals, clinics, and similar facilities.
b. Expenses of establishing temporary public medical facilities and other measures to increase
COVID-19 treatment capacity, including related construction costs.
c. Costs of providing COVID-19 testing, including serological testing.
d. Emergency medical response expenses, including emergency medical transportation, related
to COVID-19.
e. Expenses for establishing and operating public telemedicine capabilities for COVID-19-related
treatment.
2. Public health expenses such as:
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Attachment C
�(7a t/;ra517ingion Stale
, Dq)artmenl or
LOCAL GOVERNMENT CORONAVIRUS RELIEF FUNDS
CERTIFICATION
I, `FIRST�IWSTNAM>EE ,am the ET TILE>of,LOCALGOVERNMENT>,and I certify that:
1. 1 have the authority and approval from the governing body on behalf of the Local
Government to request reimbursement from the Department of Commerce
(Commerce)per contract number SCOT- NIMERCE CONTRACT NUMBER>from the
allocation of the Coronavirus Relief Fund as created in section 5001 of H.R.748,the
Coronavirus Aid,Relief,and Economic Security Act("CARES Act")for eligible
expenditures included on the corresponding A-19 invoice voucher for report period
,REPORT PERIOD FROM A-19>.
2. 1 understand that as additional federal guidance becomes available,a contract
amendment to the agreement between Commerce and the Local Government may
become necessary.
3. (.understand Commerce will rely on this certification as a material representation in
processing this reimbursement.
4. 1 certify the use of funds submitted for reimbursement from the Coronavirus Relief
Funds under this contract were used only to cover those costs that:
a. Are necessary expenditures incurred due to the public health emergency with
respect to the Coronavirus Disease 2019(COVID-19);
b. Wer not accounted for in the budget most recently approved as of March 27,2020;
and
c. Were incurred during the period that begins on March 1,2020,and ends on October --
31,2020.
5. 1 understand the use of funds pursuant to this certification must adhere to official
federal guidance issued or to be issued on what constitutes a necessary expenditure.
We have reviewed the guidance established by U.S.Department of the Treasury'and
certify costs meet the required guidance.Any funds expended by the Local Government
or its subcontractor(s)in any manner that does not adhere to official federal guidance
shall be returned to the State of Washington.
Footnote-
1—Guidance available at https://home.treasury.eoN-/system/files/136/Coronavifus-Relief-Fund-Guidance-for-State-
Territorial-Local-and-Tribal-Goyemments.pdf(4/30/2020)
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Attachment C
LOCAL GOVERNMENT CORONAVIRUS RELIEF FUNDS CERTIFICATION
Page 2 of 2
6. 1 understand the Local Government receiving funds pursuant to this certification shall
retain documentation of all uses of the funds,including but not limited to invoices
and/or sales receipts in a manner consistent with§200.333 Retention requirements for
records of 2 CFR Part 200 Uniform Administrative Requirements,Cost Principles,and
Audit Requirements for Federal Awards(Uniform Guidance).Such documentation shall
be produced to Commerce upon request and may be subject to audit by the State
Auditor.
7. 1 understand any funds provided pursuant to this certification cannot be used as a
revenue replacement for lower than expected tax or other revenue collections.
8. 1 understand funds received pursuant to this certification cannot be used for
expenditures for which the Local Government has received any other emergency COVID-
19 supplemental funding(whether state,federal or private in nature)for that same
expense.
I certify that I have read the above certification and my statements contained herein are true
and correct to the best of my knowledge.
r---1
Printed Name
Title
Signature
Date:
State of Washington Interagency Agreement Version 072019
Department of Commerce Page 14
Attachment D
Comnavirus RellefFund
A-19 Activity Report
Report Period:
DescriptionPreviously Current Total
Eligible Expenditures Reported Expenditures Cumulative Brief
Expenditures this Invoice
Expenditures
1 Medical Expenses
A. Public hospitalsclinks,and similar facilities $ $ S
B. Temparart public medical facilities&Increasedca ati $ $ $
P__t!___
C. ('AVID-i9 testinv inzludino seroloo cal testing_ $ - $ - $ -
D. Emergency medical respanseexpenses $ - $ - $ -
____ ________________
E. Telemedtclneca abilities
----------.p-------------------------------
F. Other. $ $ $
Sub Total: $ $ $
2 Public Health Expenses
A Communication and enforcement of public health measures $ $ $
B. Medical and pratectiva su lies,includin sanitation and PPE S - $ -
C. Disinffecfingnublic areas and other facilities............ $ - $ - $D. Technical assistance on COVID-19 threat mitigation_____-__ S - $ - S
E. Puhllcsafe measuresundertaken $ - $ - $
F. Quarantining individuals S $ $
G._Ot____her. ............................. $ $
_____________________________ $
Sub Total: $ $ $
3 Payroll expenses for public employees dedicated to COVID-19
A Publicsafety----------------------------------- $ - $ - $ -
B. Public Health $ $ $
.................................. - -C. Health Care S $ $
------------------------------------------- - - -
D. Human Services $ $ $
_ _
E. Economic Development $ $ $
-------------------------------------------- _ -
R Other. $ $ $
Sub-Total: $ $ $
4 Expenses tofauTitate compliance vAthCOVID-19-measures
A Foad cpns and deliv to residents. $
______ ____uy_______ _________________
B. Distance learning tied to schoal closings $ - $ - $ -
____________ _______________
C. Tele1sork capabilities of public employees $ $ $
D. Paid sick and pa9dfamiByandmedicalleavetopubHtempl_ _ $ - S - 5 E. COW D-29-related expenses in countyialOs $ $ S
F. Care and mitigation services far hame9esspopulatoans_____ $ - $
trY---
____Other. $ $ $
______________________________________ _ _ _
Sub-Total: $ $ $ -
S Eco onicSuppoits
A Small Business Grants for business interruptions____--___ $ - $ - $B. Payroll support Programs
C. Other. $ $ $
Sub-Total: S $ $
6 Other ............................
A Oth__er:_ s $ $
__ ______________________________________ _ _ _
B. Other__ $ $ $
___ ______________________________________
C Other $ $ $
D_ Other. $ $ $
---------------------------------------
E. Other.
-----------------------------------Sub-Total:
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