HomeMy WebLinkAboutWashington State Department of Commerce E-RAP MC Contract#20-079
Washington State
Department of
�► Commerce
Interagency Agreement with
Mason County Health Services
through
Community Services and Housing Division
Housing Assistance Unit
Eviction Rent Assistance Program (ERAP)
Start date: August 1, 2020
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TABLE OF CONTENTS
Special Terms and Conditions
1. Authority...............................................................................................1
2. Acknowledgement of Federal Funding........................................................1
3. Grant Management................................................................................................1
4` Compensation----------------------------------'1
5. Expenses.............................................................................................1
G. Billing Procedures and Payment............................................................................1
7 Suborantee Data Collection...................................................................................2
8. Insurance.............................................................................................2
9. Audit.'--------------------------------.3
10. Debarment............................................................................................2
11. 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
G. Copyright................................................................................................................b
7. Disputes.................................................................................................................5
8. Governing Law and Venue....................................................................................5
0. |ndemnifioaUon----------------------------------.6
10. Licanoing. AooreditatonandRagiotnaUon--------------------'O
11. Recapture ..............................................................................................................5
12. Records Maintenance............................................................................................6
13. Savings...................................................................................................................G
14. Sevenabi|hx ------------------------------------G
15. GubGronting...........................................................................................................6
16. Survival ..................................................................................................................7
17. TernlinotionforCauoa ------------------------------J
18. Termination for Convenience.................................................................................7
19. Termination Procedures.........................................................................................7
20. Treatment of Assets...............................................................................................8
21. Waiver....................................................................................................................9
Attachment A, Scope of Work
Attachment B. Budget
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FACE SHEET
Grout Nutiilicrs 2146140-11.7
Washington State Department of Commerce
Coninutuity'Servlees and.Housing'Division
Housing Assistance Uidt
Eviction pent Assistance Program 1
1.Grantee 2.Grantee;Doing Buslness,As(optional) y !
Mason Comity Health Services
415 N 6TH ST
SHELTON WA 98584.
3.Gratitce Ropresentative 4.COMMRRCR.Iteiiresentntive
Casey Bingham ICathiyn.Dodgo P.O.Box 42525
Fiscal Manager Grant Manager 101 f pion,Sttcot:n.
360-427.9676 oxt.562 (360)764-9682 Olypipia;WA 98504-2525
case,b a,co'niason.wams katiiryn.docigo@comiiierce:wa.gov 1
t.
5,Grant Ainointt 60unding Source 7.Start Date S.Bud Dine `
$500,876.00 Federal;X State;.Other;NM, August 1,2020 Docomber 31;2020
1.
9.Federal Funds(its applicable) Federal Agency: CFDA Numb6in Indirect Kato(if rpplicable):
$$00,876 00 US Dept.of.the Treasury 21.019
10,'Tax ID tl 11rSWV tt 12.UBIf# 13.DUNS ff
XXXXXXxxxxx xx SWV0001893-04 231002101 N/A
14,Grant Purpose
The Eviction Rent Assistance Program Grant is intended•to.prevetit evictions by t>riyiiig iSAsL ctuo attd.ftlttiic rent;taigeiing intuited
resources to those with the greatest needs while working to distrIbUte finds equitably. j
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15.Signing statement
COMMERM,defined as the Department of Commerce,and the Grantee;as defined above,acknowledge and accept.the terms of
(his Grant find Attachmeiiis.ai►d have executed(fits Ovoit on the date below and warrant they are autho►ized to bind.their respective
agencies,The rights and obligations of both parties to this Grant are governed by this Grant and the following documents hereby
Incorporated by feferefiew,Attachment'W'—Scope of Work,Attachment"B"--Budget;
FOR GRANTEE FOR COMMERCE
Printed Name,title a Klontz,A sta t Director
Community Services and Homing.Division
$igllftlll'6 Date
L APPROVED AS TO FORM ONLY BY ASSISTANT
Date ATTORNEY GENERAL 07/21I2020.
APPROVAL ON FILE.
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SPECIAL TERMS AND CONDITIONS
INTERAGENCY AGREEMENT
FEDERAL FUNDS
1. AUTHORITY
COMMERCE and Grantee enter into this Grant pursuant to the authority granted by the Interlocal
Cooperation Act, Chapter 39.34 RCW.
2. ACKNOWLEDGMENT OF FEDERAL FUNDS
Funds under the Grant are made available and are subject to Section 601(a) of the Social Security
Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act), and Title V and VI of the CARES Act.
The Grantee agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Grantee describing programs or projects funded in whole
or in part with federal funds under this Grant, shall contain the following statements:
"This project was supported by a grant awarded by US Department of the Treasury. Points of view
in this document are those of the author and do not necessarily represent the official position or
policies of the US Department of the Treasury. Grant funds are administered by the Local
Government Coronavirus Relief Fund thru the Washington State Department of Commerce."
3. GRANT 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 Grant.
a. The Representative for COMMERCE and their grant information are identified on the Face Sheet
of this Grant.
b. The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant.
4. COMPENSATION
COMMERCE shall pay an amount not to exceed the Grant amount listed on the Face Sheet for the
performance of all things necessary for or incidental to the performance of work under this Grant as set
forth in the Scope of Work(Attachment A).
5. EXPENSES
Grantee shall receive reimbursement for allowable expenses as identified in the Scope of Work
(Attachment A) or as authorized in advance by COMMERCE as reimbursable.
6. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee 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, Grantee 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.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this
Grant.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
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Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE
shall not pay the Grantee, if the Grant is entitled to payment or has been or will be paid by any other
source, including grants, for that service.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its subgrantees.
7. SUBGRANTEE DATA COLLECTION
Grantee 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 subgrantees and the portion of
funds expended for work performed by subgrantees, including but not necessarily limited to minority-
owned, woman-owned, and veteran-owned business subgrantees. "Subgrantees" shall mean
subgrantees of any tier.
8. INSURANCE
Local Government Self-Insured/Liability Pool or Self-Insured Risk Management Program
Grantee shall provide annually to COMMERCE a summary of coverages and a letter of self-insurance,
evidencing continued coverage under Grantee'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.
9. AUDIT
Grantee shall maintain internal controls providing reasonable assurance it is managing federal awards in
compliance with laws, regulations, and provisions of Grants 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 Grantee expends$750,000 or more in federal awards from any and/or all sources in any fiscal year,
the Grantee shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon
completion of each audit, the Grantee shall:
A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501,
reports required by the program-specific audit guide (if applicable), and a copy of any management
letters issued by the auditor.
B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
If the Grantee expends less than $750,000 in federal awards from any and/or all sources in any fiscal
year, the Grantee shall notify COMMERCE they did not meet the single audit requirement.
The Grantee shall send all single audit documentation to auditreview(@-commerce.wa.gov.
10. DEBARMENT
Grantee, defined as the primary participant and it 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;
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SPECIAL TERMS AND CONDITIONS
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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.
Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall attach
an explanation to this Grant.
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
from participation in this covered transaction, unless authorized by COMMERCE.
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:
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.
ii. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such
grantee shall attach an explanation to this Grant.
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.
11. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, 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
• Attachment C-Grant Guidelines
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GENERAL TERMS AND CONDITIONS
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FEDERAL FUNDS
1. DEFINITIONS
As used throughout this Grant, 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. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the
Grantee, including any attachments, documents, or materials incorporated by reference. E-mail or
facsimile transmission of a signed copy of this grant shall be the same as delivery of an original.
D. "Grantee"shall mean the entity identified on the face sheet performing service(s) under this Grant,
and shall include all employees and agents of the Grantee.
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. "Subgrantee" shall mean one not in the employment of the Grantee, who is performing all or part
of those services under this Grant under a separate Grant with the Grantee.The terms"subgrantee"
and "subgrantees" mean subgrantee(s) in any tier.
2. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
3. AMENDMENTS
This Grant 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 Grant, work thereunder, nor any claim arising under this Grant, shall be transferred or
assigned by the Grantee 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 Grantee by COMMERCE that is designated as "confidential" by
COMMERCE;
ii. All material produced by the Grantee that is designated as"confidential" by COMMERCE; and
iii. All personal information in the possession of the Grantee that may not be disclosed under state
or federal law.
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
the purposes of this Grant 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 Grantee 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 Grantee shall
provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require
changes to such policies and procedures as they apply to this Grant whenever COMMERCE
reasonably determines that changes are necessary to prevent unauthorized disclosures. The
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Grantee shall make the changes within the time period specified by COMMERCE. Upon request,
the Grantee shall immediately return to COMMERCE any Confidential Information that
COMMERCE reasonably determines has not been adequately protected by the Grantee against
unauthorized disclosure.
C. Unauthorized Use or Disclosure.The Grantee 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 Grant 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 Grantee 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 Grant, but that incorporate pre-existing materials not
produced under the Grant, the Grantee 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 Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials
furnished under this Grant, 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 Grant. The Grantee shall
provide COMMERCE with prompt written notice of each notice or claim of infringement received by the
Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to
modify or remove any restrictive markings placed upon the Materials by the Grantee.
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 Grant 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.
9. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
10. LICENSING,ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant.
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11. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, 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 Grantee 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 Grant.
12. RECORDS MAINTENANCE
The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant
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 Grant.
The Grantee 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 Grant, 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.
13. 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 Grant and prior to normal completion, COMMERCE may suspend or
terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day
notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding
limitations and conditions.
14. SEVERABILITY
The provisions of this Grant 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
Grant.
15. SUBGRANTING
The Grantee may only subgrant work contemplated under this Grant if it obtains the prior written
approval of COMMERCE.
If COMMERCE approves subgranting, the Grantee shall maintain written procedures related to
subgranting, as well as copies of all subgrants and records related to subgrants. For cause,
COMMERCE in writing may: (a)require the Grantee to amend its subgranting procedures as they relate
to this Grant; (b) prohibit the Grantee from subgranting with a particular person or entity; or(c) require
the Grantee to rescind or amend a subgrant.
Every subgrant shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is
responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of
this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal
conditions of this Grant. In no event shall the existence of a subgrant operate to release or reduce the
liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties.
Every subgrant shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subgrantee's performance of the subgrant.
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16. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
17. TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant
in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending
or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to take corrective
action. If corrective action is not taken within. 30 calendar days, the Grant may be terminated or
suspended.
In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law
including, but not limited to, any cost difference between the original Grant and the replacement or
cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Grantee or a decision by COMMERCE to
terminate the Grant. A termination shall be deemed a"Termination for Convenience" if it is determined
that the Grantee: (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 Grant 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 Grant, COMMERCE may, by ten(10) business days written notice,
beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is
so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for
services rendered or goods delivered prior to the effective date of termination.
19. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may
require the Grantee to deliver to COMMERCE any property specifically produced or acquired for the
performance of such part of this Grant as has been terminated. The provisions of the "Treatment of
Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work
and services accepted by COMMERCE,and the amount agreed upon by the Grantee 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 with such
determination shall be a dispute within the meaning of the"Disputes"clause of this Grant. COMMERCE
may withhold from any amounts due the Grantee 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 Grant.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Grantee shall:
A. Stop work under the Grant on the date, and to the extent specified, in the notice;
B. Place no further orders or subgrants for materials,services,or facilities except as maybe necessary
for completion of such portion of the work under the Grant that is not terminated;
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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 Grantee under the orders and subgrants
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 subgrants;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subgrants, 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 Grant 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 Grant, which is in the possession of the
Grantee and in which the Authorized Representative has or may acquire an interest.
20. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item
of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the
Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall
pass to and vest.in COMMERCE upon (i) issuance for use of such property in the performance of this
Grant, or (ii) commencement of use of such property in the performance of this Grant, 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 Grantee shall, unless otherwise provided herein or
approved by COMMERCE, be used only for the performance of this Grant.
B. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the Grantee or which results from the failure on the part of the Grantee to
maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon
completion, termination or cancellation of this Grant
All reference to the Grantee under this clause shall also include Grantee's employees, agents or
Subgrantees.
21. 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 Grant unless stated to be
such in writing and signed by Authorized Representative of COMMERCE.
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Attachment A
Scope of Work
The Eviction Rent Assistance Program Grant is intended to prevent evictions by paying past due
and future rent, targeting limited resources to those with the greatest needs while working to
distribute funds equitably.
To meet the Equity Program Goals,the grantee must actively work to partner with By and Forl
service providers in their communities that assist and serve marginalized populations.
Equity Program Goals:
Promote racial equity in who is served, with a focus on equity for groups of people who
historically have not been provided equitable access to rent assistance and those who have
disproportionately been impacted by the COVID-19 outbreak: Latinx or Hispanic, young adults,
Black or African American,American Indian and Alaska Native,Native Hawaiian or other
Pacific Islander.
Commerce will provide a list of statewide organizations that we know of and it is incumbent on
the grantee to identify By and For service providers that can best support their community
members in accessing assistance.
Performance Measurement
Grantees must ensure equitable access to ERAP.
Equitable access means that the race and ethnicity of people entering ERAP 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 ERAP by race and ethnicity.
The percentage of head of households provided rent assistance must at least be equal the
proportion to the population living in poverty in the county for each of the following groups:
✓ People of Color (includes Black or African American, American Indian and Alaska
Native,Native Hawaiian or other Pacific Islander, Hispanic/Latinx, Asian, Other/Multi-
Racial)
✓ Black or African American
✓ American Indian and Alaska Native
✓ Hispanic/Latinx
Data from all ERAP grantees in the county will be combined for the purpose of performance
measurement and performance monitoring.
1By and For Organizations are those that are operated by and for the marginalized community to be served.By and For organizations have a
primary mission and history of serving a specific marginalized community,and are culturally based,directed,and substantially
controlled/managed by individuals from the specific marginalized population they serve.At the core of their programs,these agencies embody
the central cultural values of the community to be served.Marginalized communities may include ethnic and racial minorities;immigrants and
refugees;individuals who are lesbian,gay,bisexual,and transgender;individuals with disabilities or who are deaf;and Native Americans.
Attachment A
Spending Limit
At grant start, grantees are authorized to spend 50% of granted funds.
Grantees cannot spend more than 50% of the grant without approval by Commerce.
Commerce will release the second 50% of funds after review of performance, or review of
sample household files, and (if necessary) implementation of corrective action to meet
performance and documentation requirements.
Sub grants to By and For Organizations
Grantees must actively work to partner with By and For organizations in their communities that
assist and serve marginalized populations.
At least 5% of the grant total must be sub granted to By and For organization/s,to pay the costs
associated with program outreach and assistance to marginalized communities. Marginalized
communities may include ethnic and racial minorities; immigrants and refugees; individuals who
are lesbian, gay, bisexual, and transgender; individuals with disabilities or who are deaf; and
Native Americans.
Commerce will provide a list of statewide organizations that we know of and it is incumbent on
the grantee to identify By and For service providers that can best support their community
members in accessing assistance.
Grantees must make a reasonable effort to sub grant with By and For organizations. If a grantee
is not able to execute a sub agreement,they may ask Commerce for an exemption from this
requirement.
Attachment B
Budget
August 1, 2020—December 31, 2020
Budget Category
Administration—15% $75,131
Rent $340,596
Operations $60,105
By& For Sub contract $25,044
Total $500,876