HomeMy WebLinkAboutCommunity Lifeline - Contract AMERICAN RESCUE PLAN ACT of 2021
AGREEMENT
Between
MASON COUNTY
And
COMMUNITY LIFELINE
This American Rescue Plan Act("ARPA")recipient Agreement("Agreement")is dated as of the
&l day of_ne_Q_r6t r 2022, by and between Mason County, a Washington political
subdivision("County"), and Community Lifeline, a Washington state non-profit("Recipient").
WHEREAS, The U.S. Treasury has allocated to Mason County federal stimulus funding, CFDA
Number 21.027 under an amended Title VI of the Social Security Act to add section 602 and 603,
Subtitle M, Section 9901 of the Act,referred to in the Act as Coronavirus State and Local Fiscal
Recovery Fund("CSLFRF")for the limited purposes identified in the Interim Final Rule between
U. S.Treasury and Mason County,-identified as the Interim Final Rule("IFR")or 31 CFR Part 35
RIN 1505-AC77
WHEREAS,ARPA authorizes the County to offer funding from receipted ARPA fiends for certain
eligible expenditure categories in response to the COVID-19 public health emergency during the
period of March 3,2021,obligated by December 31,2024 and expended by December 31, 2026,
which may include 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, investments to improve water, sewer and broadband infiastructure
and support public health response,
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 IFR and Program Guidelines (collectively
"Reimbursements").
WHEREAS,the City of Shelton has authorized $20,000 in ARPA funds and Mason County has
authorized $34,789.84 in ARPA funds to Community Lifeline for this project. The City will
provide the County with the funds up front and the County will pool both ARPA funds for a total
subrecipient grant award to Community Lifeline of$54,789.84.
WHEREAS,the County and Recipient desire to enter into this Agreement so that the County may
grant ARPA Funds for appropriate and qualifying funds advanced to the Recipient by the County
for provision of staffing a 24/7 cold weather shelter for the increased number of homeless people
due to Covid-19.
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:
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ARPA Recipient Agreement
1. Effective Date and Term. This Agreement shall commence when last executed by all
parties and remain in effect until May 31, 2023, unless terminated by the County in
writing.
2. Recipient's Use of ARPA Fluids. The Recipient shall ensure that the ARPA Funds
requests are necessary and eligible Reimbursements under one of the following cost
categories: a) Response to mitigate the public health emergency with respect to the
COVID-19 emergency or its negative economic impacts,b)Provide Government services
to the extent of the reduction in revenue,c)respond to workers performing essential work,
d)make necessary investments in water,sewer or broadband infrastructure.
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 ARPA 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 Expenditure Report.To facilitate the County's requirement for documentation
of ARPA handing under the IFR, the Recipient will submit an emailed report to the
County, daily, through May 31, 2023, detailing the number of people housed and a
Monthly A-19 expenditure report,detailing the payroll expenditure costs by the Recipient.
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.
5. ARPA Funds,
The County agrees to provide the Recipient$9131.64 a month,equaling a
total sum not to exceed $54,789.84, up front each month with the requirement of the
monthly COVID-19 Expenditure Report as stated in Section 4 of this Agreement.
6. Termination. The County may terminate this Agreement, for cause or otherwise and for
no consideration or damages,upon prior notice to the Recipient.
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 Recipient 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 Recipient agrees to defend, indemnify and hold the County, its
officers, officials, employees, agents and volunteers harmless from and against any and
all claims, injuries, damages, losses or expenses including without limitation personal
injury,bodily injury, sickness, disease, or death, or damage to or destruction of property,
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ARPA Recipient Agreement
which are alleged or proven to be caused in whole or in part by an act or omission of the
Recipient, its officers, directors, employees, and/or agents relating to the Recipients'
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 Recipient 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 Recipient 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 Recipient was reimbursed for unallowable costs under this
Agreement or any, the Recipient 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 filly
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:
Reei ient
Community Lifeline
Attn: Athena Ayres
PO BOX 698
Shelton,WA 98584
Mason County
Attn:Jennifer Beierle
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.
14. Time.Time is of the essence in this Agreement.
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ARPA Recipient 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.
18. Debarment.
A. Grantee,defined as the primary participant and its principals,certifies by signing
these
General Terms and Conditions that to the best of its knowledge and belief that they:
i. Are not presently debarred,suspended,proposed for debarment,declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency.
ii.Have not within a three-year period preceding this Grant,been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining,attempting to obtain,or performing a public or private
agreement or transaction,violation of Federal or State antitrust statutes or commission of
embezzlement,theft,forgery,bribery,falsification or destruction of records,making false
statements,tax evasion,receiving stolen property,making false claims, or obstruction of
justice;
iii.Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity(Federal,State,or local)with commission of any of the offenses
enumerated in paragraph(1)(b)of federal Executive Order 12549; and
iv.Have not within a three-year period preceding the signing of this Grant had one or
more public transactions(Federal, State,or local)terminated for cause of default.
B.Where the Grantee is unable to certify to any of the statements in this Grant,the
Grantee shall attach an explanation to this Grant.
C.The Grantee agrees by signing this Grant that it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended,declared
ineligible, or voluntarily excluded fiom participation in this covered transaction,unless
authorized by COMMERCE.
D. The Grantee further agrees by signing this Grant that it will include the clause titled
"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transaction,"as follows,without modification,in all lower tier
covered transactions and in all solicitations for lower tier covered transactions:
i. The lower tier Grantee certifies,by signing this Grant that neither it nor its principals is
presently debarred, suspended,proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or
agency.
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ARPA Recipient Agreement
ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant,
such contractor shall attach an explanation to this Chant.
E.The terms covered transaction,debarred,suspended,ineligible,lower tier covered
transaction person,primary covered transaction,principal,and voluntarily excluded,as
used in this section have the meanings set out in the Definitions and Coverage sections of
the rules implementing Executive Order 12549. You may contact COMMERCE for
assistance in obtaining a copy of these regulations.
19. Nan 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 farther 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.
20. Binding Effect, This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors.
21. Assi ent.The Recipient shall not assign or transfer any of its interests in or obligations
under this Agreement without the prior written consent of the County.
22. Entire Agreement, This Agreement constitutes the entire agreement between the County
and the Recipient 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.
23. 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 ARPA funds,
including the obligations to provide access to records and cooperate with audits as
provided in this Agreement.
24. 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.
25. 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
instillment.
26. 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.
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ARPA Recipient Agreement
IN WITNESS WHEREOF, this Agreement is executed and shall become efJ'ective as of
the last date signed below. .
DATED this�_dzy of, eoe ha bef , 2022.
RECIPIENT, COMMUNITY LIFELINE
By:
(- 7 �
Print Name: &�e no, _
Its: 7(7 l& '1 I.1)-q ()1CetitY-
DATED this L1 day of D—eGot`'lPec , 2022.
MASON COUNTY,WASHINGTON
Z ary
Co y Administrator
ATTEST:
mc,KMIN�A
McKenzie SiVith, Mrk of the Board
APPROVED AS TO FORM:
Tim Whitehea , Chief DPA
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ARPA Recipient Agreement
ATTACHMENT A
SCOPE OF WORK
The Board of Coinmissioners is directing 9,131.64 a month,for a total sum not to exceed
$54,789,84,by May 31,2023 to COMMUNITY LIFELINE who will be responsible for
completing the tasks and activities below as well as others detailed throughout this
AGREEMENT,U.S.Treasury guidance as required to provide referral and direct services in
compliance with the ARPA program and Mason County's (COUNTY)policies and procedures.
It is COMMUNITY LIFELINE's responsibility to review,understand,implement and adhere to
all requirements as this Scope-of--Work is a summary,not an exhaustive list.
COMMUNITY LIFELINE will assist the increased unhoused persons due to Covid-19,of
Mason County by staffing a 24/7 cold weather shelter using federal ARPA fiinding. These funds
must be fully distributed by May 31,2023 with final reporting of expenditures due June 30,
2023. The intent of this grant is to help Mason County unhoused persons considered poor and
infirm who need cold weather shelter.
COMMUNITY LIFELINE will be responsible for overseeing the program.
1. Program I+unding and Award Amount
Mason County shall provide up to $9131.64 a month of ARPA fiends, not to exceed
$54,789.84,to the program that will be administered by COMMUNITY LIFELINE.Reporting
of expenditures should be made monthly as stated in Sections 4 and 5 of this Agreement.
All reports are to be submitted to the COUNTY no later than June 30,2023.
2. Reporting
COMMUNITY LIFELINE shall submit an email report daily to the County at
MCasevCu�,masoncountywa.gov and KCampbell cC�i masoncountywa.go_v stating how many
persons they have serviced each day,how many persons they have redirected to other facilities
each day,and how many on staff each day.
19. COMMUNITY LIFELINE shall submit a monthly report to the County at
MCasey@masoncountywa.gov and KCampbellna,masoneountywa.gov with the required
monthly COVID-19 Expenditure Report as stated in Section 4 of this Agreement.
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ARPA Recipient Agreement
COMMUNITY LIFELINE shall submit a final report and provide an A-19 expenditure report
and signed certification detailing funds disbursed for the project to include a description of the
work,payment amounts, and dates of payments by June 30,2023.
COMMUNITY LIFELINE 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.
3. Other Available Services
COMMUNITY LIFELINE will put together a flyer or handout to give to the people in
need that they are unable to shelter.These handouts should have free bus pass
information as well as other available services and locations.
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ARPA Recipient Agreement
ATTACHMENT B
COMPENSATION
Community Lifeline has agreed to waive any compensation under this agreement to cover its
administrative costs.
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ARPA Recipient Agreement