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HomeMy WebLinkAboutR-2020-079 Coronavirus Relief Funding Acceptance from the Washington State Department of CommerceA RESOLUTION RESOLUTION NO. R-2020-079 accepting the Coronavirus Relief Fund for Local Governments Contract from the Washington State Department of Commerce, Local Government Division, Contract Number 20-6541 C-377 WHEREAS, on January 31, 2020, the Governor of the State of Washington issued a Proclamation declaring a state of emergency due to the number of confirmed cases of the Coronavirus disease 2019" (COVID-19) in the State of Washington and the serious nature of the effects of COVID-19 on the population; and WHEREAS, on March 12, 2020, the Yakima County Commissioners declared a state of emergency in Yakima County as a result of confirmed cases of COVID-19 in Yakima County, thus enabling Yakima County to take extraordinary measures to address the threat of COVID-19 to the public health and safety; and WHEREAS, on March 13, 2020, the City Council of the City of Yakima declared a state of emergency in the City of Yakima as a result of confirmed cases of COVID-19 in Yakima, thus enabling the City of Yakima to take extraordinary measures to address the threat of COVID-19 to the public health and safety; and WHEREAS, the City has applied for federal and/or state emergency disaster assistance funding to provide financial support to areas of the City's operations budgets negatively affected and impacted by the City's response to COVID-19; and WHEREAS, the City of Yakima was allocated $2,833,200 by Washington State Governor Inslee in 2020 to provide funds to reimburse costs incurred due to the COVID- 19 public health emergency during the period of March 1, 2020 through October 31, 2020, and WHEREAS, the City Council must accept the contract and requirements of the contract before the award can be executed by the City and requests can be made for reimbursement and provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures, and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to accept the Coronavirus Relief Fund for Local Governments Contract, the grant assurances and conditions outlined in the grant guidelines, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council of the City of Yakima hereby accepts Contract Number 20-6541 C- 377— Coronavirus Relief Fund for Local Governments Grant as awarded and authorizes the City Manager, or their designee, to execute any necessary documents to accept the contract and pursue reimbursement of funds and provide economic support to those suffering from employment or business interruptions due to COVID-19-related business closures ADOPTED BY THE CITY COUNCIL this 7th da of July, 2020 ATTEST 114 J Sonya Claar fee, City Clerk -r Patricia Byers, Mayor i I Washington State Department of Commerce Interagency Agreement with through City of Yakima the Coronavirus Relief Fund for Local Governments 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. Start date: March 1, 2020 TABLE OF CONTENTS Special Terms and Conditions 1� Audhority—......... ------......... -----------........ ----'1 2. Acknowledgement of Federal Fumding—.... ---........... --------'1 3. Contract Management 4� Compensahnn--.... ----------------------...... -----'1 5� Expenses ..... -----------------...... ........ -----1 G. 1 ndirect Costs '--'—_---............ --.--'----------',1 T Billing Procedures and Paymend-----_----_--------......... —_1 8� Audit. -----------------...... -----------'--2 S. Oebarmen—.... ---....... ...... .............. ------_---_--.3 10� Laws ---------------........ ........ --......... ........ ....... -----.3 General Terms and Conditions 1. Definitions ....... ---------------------------------'5 2, All Writings Contained Hwren---... ---------------------'5 1 Amendments--------------------------------. 5 4, Assignment .................. -----.......... —...... --........ --...... —...... ----5 5. Confidentiality and Safeguarding of |nformahon.... -------------5 Gi Copyright.. ... 7, Disputes ... ----...... ----------------------------'G 8. GovomingLowandVenme----------------,-----------'G B. Indemnification 7 10. Licensing.AccmyjdationandRegstraUon------7 11, Recapture 12. Records Mainbanance------------------------------'7 13. Savings ---... ...... ---------------.......... —_------'_-7 14. SaverabUhy--------.... ---------........... —................ -----7 15� Subcontracting ... ------...... ----------------........ —... ........ '7 16� Survival --------------------............. --........... ....... --_�8 17. Termination for Cause ... -----------------------........ 8 18. Termination for Convenience. ....... 8 18, TennhnobonProceduem----------_------------------�B %O� Treatment ofAosets---... -----......... ---_---------.......... —S 21. VVaiver-----... ---------.............. ----...... ---------1O Attachment A, Scope wfWork ------------........ ------................. _---'11 Attachment 8\Budget &|nvpicing--.... —...... ...... ---------------------13 Attachment C.A'9 Certification -----------------...... ------------14 Attachment D.A49 Activity Rmport---------------------. 16 ii 1. Contractor City of Yakima 129 North 2nd Street Yakima, Washington 98901 3. Contractor Representative Steve Groom Director of Finance and Budget (509)576-6644 Steve.groom yakimawa.gov FACE SHEET Contract Number: 20-6541C-377 Washington State Department of Commerce Local Government Division Community Capital Facilities Unit Coronavirus Relief Fund for Local Governments 2. Contractor Doing Business As (optional) 4. COMMERCE Representative Karma Shannon Lawson P.O. Box 42525 Prqject Manager 1011 Plum Street SE (360) 810-0185 Olympia, WA 98504- 1`ax 360-586-5880 2525 karma.shannonlawson c(eommerce.wa.gov 5. Contract Amount $2,833,200.00 6. Funding Source Federal: X State: Other: N/A: 9. Federal Funds (as applicable) $2,833,200.00 10. Tax ID # XXXXXXXXXXXXXX Federal Agency: US Dept. ofthe Treasury 11. SWV # S WV0007122-03 7. Start Date March 1. 2020 CFDA Number: 21.999 JBl # 397005272 8, End Date October 31.2020 Indirect Rate (if applicable): 10.00% 13. DUNS # N/A 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 defincd 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 K Invoicing, Attachment C" — A-19 Certification. Attachment "D" — A-19 Activity Report FOR CONTRACTOR Alex Meyerho'f, lnterim City/ anager Date CITY CONTRACT Nno:117 RESOLUTION NO: 2 /�'07R FOR COMMERCE vemment Division APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 05-01-2020. APPROVAL ON FILE. iii SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUNOS 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted bythe |ntedmca| Cooperation Act, Chapter 39.34 RCW. 2. ACKNOWLEDGMENT OFFEDERAL FUNDS Funds under the Contract are made available Section G01(a)ofthe Social Security Act, as amended by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act(CARES Act).and Title Vand V|ofthe CARES Act, The Contractor agrees that any publications (wrtton, vimua|, o, sound) but excluding press no|oasms, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: "This project was supported by a grant awarded by U8 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 ofthe Treasury. Grant funds are administered by the Local Government Coronavirus Relief Fund thru the Washington State Department of Commerce." 3. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance ofthis Contract, The Representative for COMMERCE and their contact information an: identified on the Face Sheet of this Contract, The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract, 4. COMPENSATION COMMERCE shall pay an amount not to exceed the contract amount listed on the Face Sheet for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth inthe Scope ofWork (Attachment A). 5. EXPENSES Contractor ohe|| receive reimbursement for allowable expenses as identified in the Scope of Work (Attachment A)nrasauthorized inadvance byCOMMERCE asreimbursable. Travel expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses adcurrent state travel reimbursement rates. G. INDIRECT COSTS Contractor shall provide their indirect cost rate that has been negotiated between their entity and the federal government. If no such rate exists a de m/ninis indirect cost rate of 1096 of modified total direct coots (W1TDC)will beused. 7. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the Contractor for eligible Project expenditures, up to the maximum payable under this Contract, When requesting reimbursement for expenditures mmdm. Contractor shall submit all Invoice Vouchers and any required documentation electronically through COMK0ERCE'a Contracts Management System (CMS), which is available through the Secure Access Washington (SAW) portal. If the Contractor has constraints preventing access to COMMERCE's online A-19 portal, a hard copy A-19 form may beprovided bythe COMMERCE Project Manager upon request, State of Washington Interagency Agreement Department of Commerce Page 1 verxionn7zo1e SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 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: httpsa/home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-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: State of Washington Interagency Agreement Version 072019 Department of Commerce Page 2 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUNDS A. Submit to COMMERCE the reporting package specified in OMB Super Circular CFR 200.501. reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued bythe auditor. B� Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year. the Contractor shall notify COMMERCE they did not meet the single audit requirement. The Contractor shall send all single audit documentation toauditneviow@,commenm.wagov, 9. DEBARMENT A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that tothe best ofits knowledge and belief that they: i Are not presently debarred, auupended, proposed for debarment, declared ine|igib|e, or voluntarily excluded from covered transactions by any Federal department or agency. ii Have not within a three-year period preceding this Contract, 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, bhbery, falsification or destruction of recondo, making false otatoments, tax evaoion, receiving stolen property, making false claims, orobstruction ofjustice; iii Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, Gtmto` or |nna|) with commission of any of the offenses enumerated in pemQnsph (1)(b)offederal Executive Order 1254S;and iv, Have not within a three-year period preceding the signing of this Contract had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Contractor is unable tocertify toany of the statements inthis Contract, the Contractor shall attach anexplanation tothis Contract. C. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower der covered transaction with a person who is debarned, ouopandud, declared ine|igib|e, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE, O. The Contractor further agrees by signing this Contract that it will include the clause titled "Certification Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as foUowo, without modifioatinn, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS i The lower tier Contractor certifies, by signing this Contract that neither it nor its principals is presently debaned, ovupendad, proposed for debarment, declared ine|kJib|e, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii VVhena the lower tier Contractor is unable to certify to any of the statements in this Contract, such contractor shall attach anexplanation tothis Contract. 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 |nobtaining acopy ofthese regulations. 10. LAWS The Contractor shall comply with all applicable |avvy, nrdinannen, nodeo, regu|aUono, and policies of local, otate, and federal governmanto, oanow or hereafter amended, inn|uding, but not limited to: State mWashington Interagency Agreement versmnm2n1e Department ofCommerce Page SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEQERALFVNDS United States Laws, ReQuIation and Circulars (Federa|) Contractor shall comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirement for Federal Award, 2CFR2U0.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 (]yNB) Circular orregulation. Contractor shall comply with Omnibus Crime Control and Safe streets Act of1S68.Title V|ofthe Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title 11 of the Americans with Disabilities Act of 1990. Tb|m |X of the Education Amendments uf1S72. 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.F[Part 35and 38. 11.OR0ER OF PRECEDENCE |nthe event ofaninconsistency inthis Contract, the inconsistency shall beresolved bygiving precedence inthe following order, ° Applicable federal and state nfWashington statutes and regulations w Special Terms and Conditions = General Terms and Conditions ° AttachmentA—GcopoofVVnrk • AttechmentB—Budgeg&|nvoiuing • Attachment C—A,1OCertification ° Attachment O—A'1SActivity Report State of Washington Interagency Agreement Department of Commerce verviono7ao1n Page GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUNDS 1. DEFINITIONS Ayused throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act onthe Director's behalf. B. ^COyNK4ERCE^shall mean the Department ofCommerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, douumento, ormaterials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall by the same as delivery of on original. O. "Contractor" shall mean the entity identified on the taoo sheet performing service(s) under this Contract, and shall include all employees and agents ofthe Contractor. E� "Personal Information" shall mean inhznneUon identifiable bzany peemn, ino|udinQ, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other octivities, addnmooeo, telephone numbmrs, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, F. ^Sbate"shall mean the state ufWashington. G, "Subcontractor" ohsd| mean one not in the employment nfthe ConLradnr, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms ^ subcontractor" and ^oubconinautoro^mean oubcontnador(s)inany tier, 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other undeotandingm, ons| or otherwise, regarding the subject matter ofthis Contract shall be deemed to exist urbobind any ofthe parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties, 4. ASSIGNMENT Neither this Contract, work thanaunder, nor any claim arising under this Cnntract, shall be transferred orassigned bythe Contractor without prior written consent ofCOMMERCE. S. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" aoused inthis section includes: i All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state orfederal |avx B. The Contractor shall comply with all state and hadeno| bxwm related to the use, uhahng, tnanofar, sa|e, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, ohara, tronofer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or aomay berequired bylaw. The Contractor shall take all necessary steps toassure that Confidential |nfnnnodon is safeguarded to prevent unauthorized use, ahahng, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor ohoU provide COMMERCE with its policies and procedures on confidentiality. State of Washington Interagency Agreement vorsivnm2n1e 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 COMMER-CE. 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. State of Washington Interagency Agreement Version 072019 Department of Commerce Page 6 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEOERALFUNOS 9. INDEMNIFICATION Each party shall be solely responsible for the acts cfits employees, officers, and agents, 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal |icenoing, accreditation and registration requirements or standards necessary for the performance of this Contract, 11.RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal |awo, and/or the provisions of this Contneot. COMMERCE rauwmos the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law orin equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. |nthe alternative, COMMERCE may recapture such funds from payments due under this Contract. 12.RECOROS MAINTENANCE The Contractor shall maintain booka, recondo, doouments, data and other evidence relating to this contract and performance of the services described henain, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall maintain records that idenhfy, in its oocounta, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name ofthe pass -through entity. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times bz inspection, review oraudit byCOMMERCE, personnel duly authorized by COMMERCE, the Dffioe of the EKahs Auditor, and federal and state officials so authorized by law, regulation oragreement. 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 ota0a, federal, or other sources is withdnywm, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" dauaa, without the ten calendar day notice requirement. In lieu of termination, the Contract maybe amended to reflect the new funding limitations and conditions. 14. SEVERABLITY The provisions ofthis contract are intended hzbeseverable. Ifany term orprovision isillegal orinvalid for any reason whohooevor, such illegality or invalidity ohoU not affect the validity of the remainder of the contract. 15.SUBCONTRACT|NG The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval ofCOMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to oubcontnect|ng, as well as copies of all subcontracts and records related to subcontracts, For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they State of Washington Interagency Agreement versionmzo1e GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FGDERALFUNDS relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; pr(c)require the Contractor horescind oramend asubcontract. 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, condihons, 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 nrterminate this contract. Bahonm 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 orsuspended. 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 contractand the replacement orcover contract and all administrative costs directly related to the replacement oontract, c.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contnaot, withhold further paymants, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor oro decision by COMMERCE to terminate the contract. A termination shall be deemed o "Termination for Convenience" if it in determined that the Contractor: (1)wos not indefault; nr(2)failure tnperform was outside ofhis o,her control, fault ornegligence. The rights and remedies ofCOMMERCE 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 aootherwise 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 torm|nsdad. 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 pert of this contract as has been terminated. The provisions of the "Treatment nfAssets" clause shall apply insuch property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately sta0ad, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for completed work and services for which no separate price is atoVmd. (ii) partially completed work and services, (i}i) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination infor default, inwhich case the Authorized Representative shall determine the extent of the liability of COMMERCE, Failure to agree State of Washington Interagency Agreement vursion000m GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FGDERALFUNQS with such determination shall bea dispute within the meaning ofthe "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of o notice of temninoUon, and except as cdhemiam directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract onthe date, and hothe extent specified, inthe notice; B. Place nofurther orders orsubcontracts for materials, neminmn, or facilities except as may be necessary for completion ofsuch portion of the work under the contract that ionot terminated; C. Assign to CON1N1ERCE, in the monnor, at the timeo, and to the extent directed by the Authorized Repnesentadve, all of the hghto, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any orall claims arising out ofthe termination ofsuch orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and oubcontnactm, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may nequine, which approval or ratification nheU be final for all the purposes ofthis 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, ifthe contract had been completed, would have been required tobefurnished toCOMMERCE; 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, o,asthe Authorized Representative may dieot, for the protection and preservation of the property related to this nontnact, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT C)FASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor ohaU, un|aoa cdhemvoe provided herein orapproved byCOMMERCE, beused only for the performance ofthis contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination orcancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. State of Washington Interagency Agreement vmsiono72om GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 2L WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. State of Washington Department of Commerce Interagency Agreement Version 072019 Page 10 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 Cononmvimo Aid. Relief, and Economic Security Au ("CARES Act") and Section V and V| of the CARES Act, for costs incurred due to the public health emergency with respect to the Coronavirus Disease 3U1S(CDV|O'1S).Under the CARES Act, the CovonmvirunRelief Fund may boused tocover costs that: 1. Are necessary expenditures incurred due tothe public health emergency with respect to the 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 beused to reimburse for expenditures incurred during the period ofMarch 1.202Uthru Oct. 31, 2020. Please note: In order to ensure all funds have been fully utilized prior to the U8 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 huallow the local government torespond directly bzthe emergency, such ombyaddressing medical nrpublic health needs, aawell aaexpenditures incurred borespond tosecond- order effectsnfthaemergency.auchonbyprovkdingeconomicnupporthothoseuuffehnQfnomemp|oyment orbusiness interruptions due 0oC(]V|O-1S'vekahadbusiness 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 replacementis not opermissible use ofFund payments. Payments may beused only tocover costs not accounted for hxthe budget most recently approved aoof March 27.202O.Acost meets this requirement if either: 1. The cost cannot lawfully be funded using a line 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 o line item. allotment, or allocation. The "most recently approved" budget imthe 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-1 9-related expenses of public hospitals, clinics, and similar facilities, b. Expenses nfestablishing temporary public medical facilities and other measures to increase COV|O'19treatment capacity, including related construction costs. o. Costs ofproviding COV|D'19twsting. including yam|ogica|testing. d. Emergency medical response expenoen, including emergency medical transportation, related toCOV|D'1A, e. Expenses for establishing and operating public telemedicine capabilities for COVID-19-related 2. Public health expenses such as: State of Washington Interagency Agreement vursmnunmm Department mCommerce Page 11 Attachment a. Expenses for communication and enforcement by State, henboro|. |uco|. and Tribal governments pypublic health orders related tnCOV|O'18. b. Expenses for acquisition and distribution of medical and protective supp|ien, including sanitizing products and personal protective equipment, for medical peroonne|, police of5uors, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers inconnection with the COV|O'10public health emergency. c. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response tothe CUV|D'1Apublic health emergency, d. Expenses for technical assistance 0ulocal authorities orother entities onmitigation nfCOV|O' 19're|atedthnaatoto public health and safety. e. Expenses for public safety measures undertaken inresponse 0oCOV|D'1S, t Expenses for quarantining individuals. 3. Payroll expenses for public oafety, public hmelth, health oare, human oemicws, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 19pub|ichwalthmmorgcncy. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: o. Expenses for food delivery to neoidanto, induding, for exmmple, senior citizens and other vulnerable populations,to enablecompliance with COV|D-19public health precautions. b. Expenses to facilitate distance |eaming, including technological improvennonts, in connection with school closings toenable compliance with CUV|O'1Sprecautions. c. Expenses to improve te|oworkcapabi|bies for public employees to enable compliance with COV|O-10public health precautions. d. Expenses of providing paid sick and paid hsnni|y and medical leave to public employees to enable compliance with C[)V|O'13public health precautions. m. COVID-1 9-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of nonio| distancing meooueo, to enable compliance with COV|O'13public health precautions. f� Expenses for care for homeless populations provided to mitigate COVID-1 9 effects and enable compliance with CDV|O'1Spublic health precautions. 5. Expenses associated with the provision of economic support in connection with the COV|D'19 public health emergency, such as: a. Expenditures related to the provision ofgrants ho omoU businesses to reimburse the costs of business interruption caused byrequired closures, b� Expenditures related to a State, territorial, local, or Tribal government payroll support program. c. Unemployment insurance costs related to the COVID-1 9 public health emergency if such costs will not b*reimbursed bythe federal government pursuant tothe CARES Act or otherwise. G. Any otherCOV|[-1S'ne|ated expenses reasonably necessary to the function ofgovernment that satisfy the Fund's eligibility criteria. State of Washington Interagency Agreement varsmnurzn10 Attachment B Budget & Invoicing The Contractor shall determine the appropriate budget and use of funds within the following 6 budget categories and their sub -categories: 1. Medical 2. Public Health 3. Payroll 4. Actions to Comply with Public Health Measures 5. Economic Support 6. Other Covid-19 Expenses The Contractor shall submit invoice reimbursement requests to the Commerce Representative using the Commerce Contract Management Systems (CMS) Online A-19 Portal. Each reimbursement request must include: 1. A-19 Certification form —An authorized party of the local government will certify each invoice (A19) submitted for reimbursement and attest that all incurred expenditures meet the US Treasury Department's guidance: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund- Guidance-for-State-Territorial-Local-and Tribal-Governments.pdf 2. A-19 Activity Report 3. A detailed breakdown of the expenditures incurred within each applicable budget sub -category on the A-19 Activity Report. The A-19 Certification and Activity Report templates will be provided with the executed contract. The documents are included in Attachment C and Attachment D for reference. Receipts and proof of payment for costs incurred do not need to be submitted with A-19s. All contractors are required to maintain accounting records in accordance with state and federal laws. Records must be sufficient to demonstrate the funds have been used in accordance with section 601(d) of the Social Security Act. Commerce reserves the right to audit any costs submitted for reimbursement. The Contractor shall comply with Commerce A-19 audits and provide the appropriate records upon request. State of Washington Interagency Agreement Version 072019 Department of Commerce Page 13 Attachment C LOCAL GOVERNMENT CORONAVIRUS RELIEF FUNDS CERTIFICATION am the of GOVERNMENT, 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 M R �NUA E from the allocation of the Coronavirus Relief Fund as created in section 5001 of Ii.R.748, the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") for eligible expenditures included on the corresponding A49 invoice voucher for report period 2. I understand that as additional federal guidance becomes available, a contract amendment to the agreement between Commerce and the Local Government may become necessary. 3. 1 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 (COVID49); b. Wgre 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. I 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. State of Washington Department of Commerce Interagency Agreement Version 072019 Page 14 Attachment C 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. g. 1 understand funds received pursuant to this certification cannot be used for expenditures for which the Local Government has received any other emergency C©VID- 19 supplemental funding (whether state, federal or private in nature) for that same expense. I certify that 1 have read the above certification and my statements contained herein are true and correct to the best of my knowledge. Printed Name Title Signature Date: State of Washington Interagency Agreement Version 072019 Department of Commerce Page 15 Attachment D CRF A-19 Activity Report INSTRUCTIONS IN STRUC T1ON S: A completed CRF A-19 Certification and Activity Report must be submitted with each A-19 reubursement request. The A-19 Activity Report must be submitted as an Excel spreadsheet, not a POF, You must also include a detailed breakdown of the individual expenditures reported in Column F for each applicable sub -category included on the A-19 ActMty Report. There are 6 primary budget categories; 1. Medical Expenses 2. Public Health Expenses 3. Payroll expenses for public employees dedicated to COVID-19 4. Expenses to facilitate compliance with COVID-19-measures 5, Economic Supports 6. Other COD-19 Expenses Each primary budget category includes sub -categories and provides an option to add "other" sub -categories not listed. Fallow the below instructions when completing the A-19 Activity Report: 1 REPORT PERIOD - Enter the report period into Cell 01 of the A-19 Activity Report. a This shouki match the report period entered on the corresponding A-19. b Report period should include MMIYY to MMIYYYY, i.e. 03120, March 2020, 0312020, etc. 2 COLUMN E - Enter the total amount of all previous reimbursement requests submitted to Commerce for each appticable sub -category. 3 COLUMN F - Enter the total amount being requested in the current reimbursement request for each applicable sub -category. 4 COLUMN H: USE OF FUNDS - You must include a general description of the use of the funds being requested for each applicable sub -category. Keep descriptions as concise as possible, but include adequate context to demonstrate how these funds helped address the COVID-19 emergency. If applicable, please consider: a Providing a brief description of the specific activities performed,. b Identifying specific populations served.. c Identifying speck programs created or utilized. d including any known or intended outcomes, results, or community impacts. 5 OTHER SUB -CATEGORIES - Budget categories 1-5 include a placeholder to add an additional sub -category if necessary. a Enter a Tittle for other expenses added within the appropriate budget category_ b Enter titles into Cells: 010, 019, 027,, 036, and D41. c There is only one "other placehokier in each budget category section, Please combine muttipie "other" sub- categories added to the same budget category. 6 OTHER BUDGET CATEGORIES - Budget category 6 is where you should include any eligible expenditures that don't fall under budget categories 1-5. a Enter a Title for these "other"' expenses within budget category 6. b Enter titles into Cells D44 - 046. c There are only 5 entry fiekts available within Budget Category 6. State of Washington Interagency Agreement Department of Commerce Page 16 Version 072019 Attachment D Ca:004VUu4 Re6,PFund A•19 Ae44ty Rap 4 Naeaort Pe€bt' Eitpeesd9turo; t Medkal Eaponaes A. Pub*fc44543t&S.c? $C5 end 5lefliEaCfaclimts E%ptiHA1 e, xEmwitary PUSitc qudsce4 tacits§+ts!rsrreasrdtapacrN C. GgWN}-k9 xtzC3n4,_IniLddngstxo0e:4staTdeCln$,.____ 4 &fltt @mdsf YiSPs?Y?si BArt_hStS _____. 'uMk HeaNh EMpCt1SEg R C4mmu444 nde�ior:e+aranc of puhlichta6thrrreecures, $ a. ,aedtca�and p�asesea^•CsyPpatesyflgq;uasrvysnnuax�on end Pie y 4. $ 0. $ E. PUh3rt sn- mtasssrcs ondtrt&�tu ..., __.. ,............__... S dadkatxd G. 48484CaYt 5, Human Seruixts 4 Qthef: S 3 a Expen848totac4tate88mp8an€ew454065D-4-mca888e8 A, FOAd &rcess end dtFtvt(yt6 eesldtnrs 6. ❑!stance rearm'ngtxed 40445084 as§ngs C .i_4 ..a_wo_5484 $ tl. Paed s:ckar:dvprd!am;tv.8,.g_mear��kkvrta oplk;;�tA,cE,* E. C�VtA-}g-etiuCed e�aer,3ea in count�,�p3i5 P. Cod m:rt elan strra,es Furhantiess tat;rrers i5. ocntr. g 548440544 S Etonoakesuppoeto _ 0. 5ma17&.�s_ntss G�antsfat bxefness inEt€r pt%wes., __...___.. $ B. ?a4YPIF3u�zrtAdtptmams_..-_..__. _..., ..,. $ 5 58540444 $ C. $ $ $ $ $ S } S 5 508450884 State of Washington Department 04 Commerce Interagency Agreement Version 072019 Page 17 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.1. For Meeting of: July 7, 2020 ITEM TITLE: Resolution authorizing designated representatives to execute CARES Act Relief Funds Contract, request payments, and approve required documentation to obtain emergency or disaster assistance funds SUBMITTED BY: Steve Groom, Director of Finance and Budget SUMMARY EXPLANATION: On May 20, 2020, the Washington State Department of Commerce notified the City that Governor I nslee awarded Yakima$2,833,200 in Coronavirus Relief Funds for disaster recovery costs incurred related to the COVI D-19 emergency. An interagency agreement is required between the Washington State Department of Commerce and the City of Yakima in order to pursue CARES Act funding assistance. Council approval is requested to authorize the Interim City Manager and Director of Finance and Budget to execute appropriate documents. ITEM BUDGETED: No STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type Resolution 6/16/2020 Resolution [ Contract 6/16/2020 Backup Material