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HomeMy WebLinkAboutPublic Utility District # 3 MC Contract#20-101 CARES SUBRECIPIENT AGREEMENT This CARES Subrecipient Agreement ("Agreement") is dated as of the day of 2020, by and between Mason County, a Washington political subdivision ("County"), and Mason County PUD 3, a Washington state public utility("Subrecipient"). WHEREAS, Washington State has allocated to the County federal stimulus funding ("CARES Funds") under Section 601(a) of the Social Security Act, as amended by Section 5001 of the Coronavirus Aid, Relief, and Economic Security Act and Section V and VI of the CARES Act ("CARES Act") for the limited purposes identified in the Interagency Agreement between the Washington State Department of Commerce and Mason County("IGA"),identified as Attachment A, and the Coronavirus Relief Funds for Local Governments Program Guidelines ("Program Guidelines"), identified as Attachment B. Attachments A and B are attached hereto and incorporated herein by this reference. WHEREAS, the CARES Act authorizes the County to seek reimbursement from the State for certain costs incurred in response to the COVID-19 public health emergency during the period of March 1, 2020 through November 30, 2020, which may include reimbursement of expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency,such as providing economic support to those suffering from employment or business interruptions due to COVID-19 related business closures. WHEREAS, all requests submitted by the County to the State for reimbursement must be for expenses that are 1) connected to the COVID-19 emergency; 2)necessary expenses, 3)not filling a short fall in government revenues, 4) not funded thru another budget line item, allotment or allocation, as of March 27, 2020, and 5) would not exist without COVID-19 or would be for a substantially different purpose as provided in the IGA and Program Guidelines (collectively "Reimbursements")- WHEREAS, the County desires to allocate portions of the CARES Funds to Mason County residents experiencing severe financial hardship due to job loss, layoff,reduction of work hours or other circumstances resulting from the COVID-19 emergency that need utility payment assistance to avoid utility disconnect and thereby endanger the health and well-being of such impacted residents,with such allocation of funds to be consistent with the Reimbursement requirements. WHEREAS, the County and Subrecipient desire to enter into this Agreement so that the County may seek CARES Funds for appropriate and qualifying Reimbursements of grant funds advanced to the Subrecipient by the County for provision of residential utility assistance grants to be made by the Subrecipient to eligible residents who are utility customers of the Subrecipient under the IGA and Program Guidelines. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below, the parties agree as follows: 1 CARES Subrecipient Agreement 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 15, 2020, unless terminated by the County in writing. 2. Subrecipient's Use of CARES Funds.The Subrecipient shall ensure that the CARES Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) medical expenses, b) public Health, c) payroll expenses, d) expenses of actions to facilitate compliance with COVID-19 public health measures, e) expenses associated with the provision of economic support, or f) any other COVID-19 related expense necessary to the function of government that satisfy the Reimbursement eligibility criteria. 3. Ineligible Costs. Non-allowable costs include, without limitation, the following: 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; and h) legal settlements. 4. COVID-19 Reimbursement Request Support. To facilitate the County's seeking reimbursement of CARES funding under the IGA, the Subrecipient will submit an A-19 equivalent report to the County, on or before November 30, 2020, detailing the utility assistance grants disbursed by the Subrecipient. Such schedule may be modified with the prior approval of the County. Failure to provide any of the required documentation may result in termination of the Agreement and no Reimbursement of funds paid to the Subrecipient by the County. 5. CARES Funds.The County agrees to Reimburse the Subrecipient a total sum not to exceed $300,000 by December 15, 2020 provided that the COVID-19 Reimbursement request support is received as stated in Section 4 of this Agreement. The County will not provide the funds up front to the Subrecipient upon Execution of this Agreement. 6. Termination.The County may terminate this Agreement,for convenience or otherwise and for no consideration or damages,upon prior notice to the Subrecipient. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Subrecipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 8. Indemnification. The Subrecipient agrees to defend, indemnify and hold the County, its officers, officials,employees,agents and volunteers harmless from and against any and all 2 CARES Subrecipient Agreement claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Subrecipient, its officers,directors, employees,and/or agents relating to the Subrecipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws, Guidelines. The Subrecipient shall comply with all federal, state, and local laws and all requirements (including certifications and audits) of the IGA and Program Guidelines,to the extent applicable,when seeking Reimbursement. 10. Maintenance and Audit of Records. The Subrecipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by the County or its designee, the Washington State Auditor's Office and as required by the IGA and Program Guidelines for five(5)years following termination of this Agreement.If it is determined during the course of the audit that the Subrecipient was reimbursed for unallowable costs under this Agreement or any, the Subrecipient agrees to promptly reimburse the County for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Subrecipient Mason County PUD 3 Attn: Annette Creekpaum P.O.Box 2184 2621 E Johns Prairie Rd Shelton, WA 98584 Mason County Attn:Frank Pinter 411 N Fifth St Shelton, WA 98584 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking,obtaining,maintaining,or extending this Agreement.Each party agrees,warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining, maintaining, or extending this Agreement. 13. 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. 3 CARES Subrecipient Agreement 14. Time. Time is of the essence in this Agreement. 15. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 17. Governing Law;Venue. The Agreement will be governed in all respects by the laws of the Washington State,both as to interpretation and performance,without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County, Washington or as provided by RCW 36.01.050. 17. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof;nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 18. BindingEffect.ffect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 19. Assign e_nt. The Subrecipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 20. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 21. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action,or benefit in,to,or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to the Washington State Department of Commerce in connection with the use of CARES funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 22. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 4 CARES Subrecipient Agreement 23. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 24. Authorization. Each party signing below warrants to the other party,that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. DATED this—.1._day of Mft0 ( ,2020. SUBRECIPIENT,MASON.COUNTY PUD 3 ,4hhette C,���lydg� By: NinetteCeepaum(Sep 25,_02010:16?DT) Print Name: Annette Creekpaum Its: General Manager DATED this_day of 92020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Sharon Tras , Chair Randy Neatherlin, Commissioner ATTEST: e4'!R1 • Kevin Shutty,tommissioner McKenzie SmUh, Cler of the Board APPROVED AS TO FORM: Tim Whitehea , Chief DPA 5 CARES Subrecipient Agreement ATTACHMENT A INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF COMMERCE AND MASON COUNTY 6 CARES Subrecipient Agreement ATTACHMENT B WASHINGTON STATE DEPARTMENT OF COMMERCE CORONAVIRUS RELIEF FUNDS FOR LOCAL GOVERNMENTS PROGRAM GUIDELINES DATED 5-18-2020 ATTACHMENT C 7 CARES Subrecipient Agreement SCOPE OF WORK The Board of Commissioners is directing up to $300,000 to residential utility assistance for residents of Mason County who are utility customers of Mason County PUD 3 ("MCPUD 3") using federal CARES funding. These funds must be fully distributed by November 30,2020. The intent of this grant is to provide utility assistance to Mason County residents who have been severely adversely impacted financially by the COVID-19 public health emergency due to job loss,reduction in work hours, layoff, illness or other circumstance that resulted in a significant loss of income that places them at risk of utility disconnect, and who meet the eligibility criteria outlined below. MCPUD 3 will be responsible for overseeing the program based upon the eligibility criteria, funding uses and process and deadline for distribution shown below. 1. Eligible Residents Individuals seeking CARES funding through this program must: • Be a Mason County resident; • Be a Mason County PUD 3 residential utility account holder; • Have incurred a financial hardship due to the COVID public health emergency, such as a job loss, reduced work hours, lay off, illness or other circumstance leading to a significant reduction in household income; • Priority will be given to customers subject to utility disconnect for non-payment that have been in communication with the PUD regarding their financial situation; • Have or will agree to enter into a payment plan for utility fee arrearages not covered by the CARES relief provided under this program; • Consent to disclosure and release by MCPUD 3 to Mason County of all information gathered during the application process and details of award granted under this program; • Grant limitations: one utility assistance grant will be awarded per Household; 2. Program Funding and Award Amount Mason County shall make $300,000 of CARES funds available to the program that will be reimbursed to MCPUD 3 by the County following receipt of COVID-19 Reimbursement request support as stated in Sections 4 and 5 of this Agreement. Eligible residents shall be awarded a utility assistance grant in the form of a credit applied to their utilities account with MCPUD 3 up to a maximum amount under one application or disconnect risk event. 8 CARES Subrecipient Agreement All funds are to be disbursed by the Subrecipient no later than November 30, 2020. 3. Application,Review and Distribution Process: a. Solicitation—MCPUD 3 will promote this utility assistance program on its website,through Community Action Council of Lewis,Mason, &Thurston Counties or other local agencies, and through social or other media. b. Application Submission--Applicants can apply by using the "COVID-19 Financial Assistance Application" form available on MCPUD 3's website and submit that form by mail, at one of MCPUD 3's drop boxes, email or fax, or alternatively by calling MCPUD 3's Customer Service center at 360-426-8255. Applicants are required to attest to one or more of the following hardships: 1. Loss or reduction of income due to furlough or layoff at some point during the period of March 1, 2020 to November 30, 2020; and/or 2. Increase in household expenses incurred due to the COVID-19 emergency (such as costs of medical testing or treatment, care of sick or dependent household member, or costs incurred due to quarantine of a household member). c. Review Process--Applications will be reviewed by MCPUD 3's Customer Service Department. The Customer Service Department will review the application, gather any additional documentation, and make a determination whether the applicant is eligible for CARES Act Funding. d. Award and Disbursement—Based on review of the application,the Customer Service Department will determine the amount of the award based on the past due amount,taking into consideration existing payment arrangements with the District and any impending assistance funds that have been pledged to the account. Awards will be disbursed via direct bill assistance handled by transactions created from the Customer Service Department, with award payments applied as credits to the Applicant's utility account. e. If MCPUD 3 believes an applicant is eligible for additional assistance from another agency above that available under this utility assistance program, MCPUD 3 will provide the necessary referral of that applicant as applicable. 4. Reporting MCPUD 3 shall submit a final report on applications received, and provide an A-19 equivalent report and signed certification detailing funds disbursed to each applicant outlining the applicant account number,applicant's city,type of award(residential utility assistance),brief description of applicant's COVID-19 related financial hardship (i.e. job loss, reduction in work hours, layoff, etc.), amount awarded, and award disbursement date. 9 CARES Subrecipient Agreement MCPUD 3 shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. 10 CARES Subrecipient Agreement ATTACHMENT D COMPENSATION In order to maximize the amount of utility assistance available to eligible residents financially impacted by the COVID-19 public health emergency,MCPUD 3 has agreed to waive any compensation under this agreement to cover its administrative costs. 11 CARES Subrecipient Agreement