R HRAT EPHRATA CITY COUNCIL MAYOR BRUCEL REIM MAYOR PRO-TEM wIL KATHIFEN NLISIOLSNRI MCDONNIHIL. V ALLI MILLARI. MNTTMOORE. TONY MORA. MARK WANKE CITY DMINSIRIIOR MIKE WARREN AGENDA FOR 3JUNE 2020 ZOOM CALL IN--DIAL INPHONE NUMBER 1-253-215-8782, follow prompts City ofl Ephrata Meeting ID: 642-397-7833 7:00PM REGULAR: SESSION 1. Called to Order 2. Roll Call 3. Pledge of Allegiance 4. Recording ofl Meeting: NO 5. Additions or corrections to published Agenda 6. Presentations: II CONSENT AGENDA 1. Approval of Claim Fund Bills and Checks Issued 2. Approval ofCouncil Minutes: May 20, 2020 3. Approval of Special Event Application: III STAFF.COMMITTEE. & AGENCY REPORTS IV CLOSED RECORD DECISIONS IRCWO CHAPTERS 36,42: OPENPUBLICI INPUTNOTF PERMITTEDI BILLS: Coe, Moore, Wanke V PUBLICI HEARINGS VI ORDINANCES & RESOLUTIONS VII ITEMS FORCOUNCIL CONSIDERATION . Property Lease and Indemnification- Ephrata School District 2. Coronavirus Relief Fund for Local Governments VIII CITY ADMINISTRATOR REPORT Purchase from PUD--2003 Ford F-550 Bucket Truck BILLS: Coe Moore. Wanke CITY COUNCILMINUTES May 20, 2020 City Council of the City of Ephrata, Grant County Washington met in regular session on May 20, 2020. The meeting was called to order at' 7:00 p.m. by Mayor Bruce Reim. Due to the COVID-19 Pandemic and Governor Inslee's Proclamation 20-28, this meeting is being conducted telephonically using the ZOOM audio only conferencing. Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council members Mark Wanke, Matt Moore, Sarah McDonnell, Tony City Administrator Mike Warren, City Attorney Anna Franz, Community Relations Director Traci Bennett, Fire Chief. Jeremy Burns and City Clerk/Finance Director Leslie Trachsler. Mora, and Kathleen Allstot. Staff Present: Pledge of Allegiance was said. This meeting is not being recorded. regarding petitioning the Governor to re-open Ephrata. Agenda: Agenda was amended adding discussion item from Council member Moore Presentations: None Consent Agenda: Motion was made to approve consent agenda. (m/s Allsiot/McDonnell) Discussion on' Tiger Strong Caravan, and Graduation Parade, motion carried. Items on the consent agenda are as follows: Claim #91843 in the amount of $61.75 Claims #91898 through #91941 in the amount of $1,963.26 Manual Check #86052020, 87052020, 88052020 and 89052020 in the amount of $2,636.86 EFT in the amount of $22,951.75 VOIDED Check #91527 in the amount of ($220.25) Claims #91942 through #91990 in the amount of $641,462.60 Minutes of the May 6, 2020 Council meeting Approval of Special Event Applications: 6:00 p.m. down C Street Ephrata High School Graduation Parade -. June 5, 2020 from 5:00 p.m. to Port of Ephrata Use Agreement for EVOC training Tiger Strong Caravan - May 31, 2020 from 1:00 p.m. to 3:30 p.m. Ephrata Farmer's Market - Saturday's from June 27th thru Oct3 31* on C Street in front oft the Courthouse Motion to excuse Council member Millard. (m/s Wanke/Moore) Motion carried. 2020 Municipal Services Agreement with Grant County Economic Development Council (EDC): Administrator Warren advised that this is our annual ongoing agreement in support of the EDC: inj pursuing and developing prospective commercial and Councilmember Coe, as the City'sre representative, gave al brief update on what the EDC Motion to authorize Administration to execute Agreement with Grant County Economic Development Council. (m/s Mora/Moore) Council discussion, motion carried. Section 125 Flexible Benefit Plan: This amendment is to include changes in the definition of medical expenses related to the Coronavirus Aid, Relief and Economic Motion to approve and authorize amendment to the Section 125 Flexible Benefit Plan. Fireworks Stand Permit: The information from the State Fire Marshal's Office on whether al Fireworks Stand is considered an "essential retail business". is being left up to the local governing body. Chief Burns advised that buying locally assures that safe and sane fireworks are purchased. Counsel Franz reported that it is not up to the city to say what business is non-essential, there are no issues with issuing permits, and that it ist the business owners responsibility to comply with the Governor's orders. Motion to approve application from J&M, LLC for Fireworks Stand Permit (m/s Parks and Recreation- - Surplus items from the Community Garden: Director Bennett advised that on Sept 4, 2019 staff met with landowner and other stake holders and determined it was time to close the garden. Council approved that decision on November 6, 2019. With the closing of the Community Garden and in the process of returning the property back toi its original condition there are several items that are industrial clients. This is a budgeted item. has been doing. Security Act (CARES Act). (m/s Allstot/Wanke) Motion carried. Moore/Coe) Motion carried. surplus to the City's need as follows: 430' X4 4' chain link fence, 4 gates, 20 fence posts 6-2'x6'x12' and 6- 2'x6'x4' treated timbers-ifsalvageable 7Game Cameras 9Security boxes for cameras 6solar panels for cameras Staffi is recommending that the fencing and timbers be donated to the school district and Motion to surplus items as requested donating to the school district the fencing and timbers and advertise for bids for the cameras, security boxes and solar panels. (m/s Discussion regarding petitioning the Governor to re-open Ephrata: Council member Moore discussed what Council's role should/should not be in regards to addressing our re-opening with the Governor's office. He discussed various possible responses. Counsel Franz discussed what the role oft the City isi in this situation, and advised that Council should focus on education of the public, support our Health Department and allow law enforcement the flexibility to address issues as they arise. the cameras, security boxes and solar panels be sold. Moore/McDonnell) Motion carried. Council discussion ensued. No action was taken. City Administrator Report: State CARES funds to be shared with Washington Cities: Administrator Warren discussed with Council the State's proposed distribution of the CARES Act funding. Based on their allocation formula, Ephrata is eligible to receive $245,400. These funds will be disbursed by the Department of Commerce as a reimbursable grant to local jurisdictions for qualified expenditures. The intent of the grant is to cover direct costs incurred as a result of responding to the COVID-19 pandemic. There is a provision to utilize some of these funds to support the Health Department and small businesses. If these options are pursued, it will be important to establish a grant application process to verify eligibility to receive funds. The first step to be able to receive the grant reimbursement is to complete a contract with the Department of Commerce. There being no further business meeting adjourned at 7:52 p.m. Administration will begin this process. Bruce Reim, Mayor ATTEST: Leslie Trachsler, City Clerk DATE: June3,2020 ITEM: Items for Council Consideration SUMMARY 1. Property Lease and Indemnification- Ephrata School District. This is an agreement with the School District to allow them to use City Property tol have a fenced inj playground for their Preschool. Property is located adjacent to Columbia Ridge School and the agreement has been vetted by Clear Risk attorneys, which represent both the City and the School 2. Coronavirus Relief Funds for Local Governments- Interagency Agreement between Washington State Department ofCommerce and the City of Ephrata. This agreement is to address cost incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19): during the period ofMarch 1, 20201 thru October 2020. The amount awarded is $245,400.00. Funds are awarded on a reimbursement basis. District. BUDGET IMPACTS 1. N/A 2. N/A Staff recommends acceptance and approval of all Items. Motion to. Authorize, Confirm, or Approve and Accepl. All Items. ENABLING ACTIONS lfyou have any questions, concerns, or require additional information; please contact me prior to the meeting. PROPERTY LEASE AND INDEMNIFICATION AGREEMENT This lease and indemnification agreement, (hereinafter Agreement"), is entered into by and between, the City of Ephrata (hereinafter "Lessor"), and the Ephrata School District, (hereinafter "Lessee") regarding the Property described as the fenced in playground area of the ECEAP Preschool. The phrase "Property" as used hereinafter shall include the property described above unless otherwise Purpose. The Property shall be used by Lessee for: preschool playground Term of Agreement. The Agreement term shall commence on September 1, 2020, and shall terminate on June 30, 2030, unless terminated sooner in the specifically provided. space. manner hereinafter provided. Rent (If Applicable). Lessee shall pay $0.00. Return of the Property. Lessee shall keep and maintain the Property at all times in a good and safe condition at its own cost. At the time of termination of this Agreement, Lessee shall retum the Property to Lessor in as good a condition as the Property was at the time Lessee took possession hereunder, with the exception of reasonable wear and tear due to reasonable use and occupancy in Agreement to Indemnify. Lessee shall defend, indemnify, and hold Lessor, its officers, officials, employees and agents harmless from any and all costs, (including attorneys' fees and court costs) claims, judgments, and/or awards of damages arising out of or in connection with Lessee's use of the Property under this agreement, or in any way resulting from or in connection with Lessee's intentional or negligent acts or omissions in performing under this Agreement. Insurance. Lessee shall procure and maintain in force, at the discretion of Lessor without cost or expense to Lessor, on or before the commencement date of this Agreement and throughout the Agreement term or as long as Lessee remains in possession of the Property, a broad form comprehensive general liability policy of insurance covering bodily injury and property damage, with respect to the use and occupancy of the Property with liability limits of not less than $1,000,000, per occurrence. Lessor shall be named as an Additional Insured on all such policies, which policies shall in addition provide that they may not be canceled or modified for any reason without fifteen (15) days prior written notice to Lessor. Lessee shall provide, at the request of the Lessor, a Certificate or Certificates of such insurance within ten (10) days of the request. conformance with the provisions of this Agreement. Administered by: CLEAR risk solutions SIAW Ansecatien el Waslgsn Sckoels TUSIP hoola Iasorsace Program Notice. Any notice, declaration, demand or communication to be given by a party to this Agreement to the other shall be in writing and transmitted to the Termination. Either party can terminate this agreement at any time with at least Entire Agreement. This Property Lease and Indemnification Agreement contains the entire agreement of the parties hereto and supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. Neither Lessor nor Lessee shall be liable to the other for any representations made by any person concerning the Property or regarding the terms of this Agreement, except to the extent that the same are expressed in this Agreement. This Agreement may be amended only by written instrument executed by Lessor and Lessee or their lawful successors and assigns other party. thirty-days written notice to the other party. subsequent to the date hereof. 2EX Shlzozo Date Tim Payne, Superintendent, Ephrata School District LESSEE Mike Warren, City Administrator, City of Ephrata Date LESSOR Administered by: CLEAR risk solutlons SIAW United T'USIP Scboel Progrim Washington State Department of Commerce Interagency Agreement with City of Ephrata through 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. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Authority.. Acknowledgement of Federal Funding. Contract Management Compensation Expenses. Indirect Costs.. Billing Procedures and Payment. Audit.. Debarment. Laws. Order of Precedence. General Terms and Conditions 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Definitions. AlIWritings Contained Herein. Amendments. Assignment. Copyright.. Disputes. Governing Law and' Venue. Indemnification. Licensing, Accreditation. and Registration Recapture. Records Maintenance. Savings. Severability. Subcontracting. Survival. Termination for Cause. Termination for Convenience. Termination Procedures Treatment of Assets. Waiver.. ) 5 5 5 6 Confidentiality and Safeguarding of Information. 10 11 13 14 16 Attachment A, Scope of Work Attachment B, Budget & Invoicing. Attachment C, A-19 Certification. Attachment D, A-19 Activity Report FACE SHEET Contract Number: 20-6541C-175 Washington State Department of Commerce Local Government Division Community Capital Facilities Unit Coronavirus Relief Fund for Local Governments 1. Contractor City of Ephrata 121 Alder Street SW EPHRATA, Washington 98823-1899 3. Contractor Representative Leslie' Trachsler Finance Director (509)754-4601 rachslergephrata.org 5.Contract Amount $245,400.00 $245,400.00 10.TaxID# XXXXXXXXXXXXXX 14. Contract Purpose 2.C Contractor Doing Business As (optional) 4.COMMERCE Representative Beth Robinson Project Manager (360)549-6260 Fax 360-586-5880 Deth.robinson@commerce.wa.goy P.O. Box 42525 1011 Plum Street SE Olympia, WA 98504-2525 8. End Date October: 31, 2020 6.1 Funding Source Federal: X State: Other: N/A: 7.Start Date March 1,2020 9.1 Federal Funds (as applicable) Federal Agency: CFDA Number: 21.999 12. UBI# 999999999 Indirect Rate (ifs applicable): 10.00% 13.1 DUNS# 094618071 USI Dept. oft the Treasury 11.SWV# SWV0000309-00 Toj provide funds for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) during the period ofMarch 1,2020 thru October 31, 2020. Final invoices must be received by November 15, 2020. 15. Signing Statement COMMERCE, defined as the Department ofCommerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated byr reference: Attachment "A"- Scope ofWork, Attachment* "B"- - Budget & Invoicing, Attachment "C"-A-19 Certification, Attachment "D" - A-19 Activity Report FOR CONTRACTOR FOR COMMERCE Mike Warren, City Administrator Mark K. Barkley, Assistant Director, Local Government Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 05-01-2020. APPROVAL ON FILE. ii SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal Cooperation. Act, Chapter 39.34 RCW. 2. ACKNOWLEDGMENT OF FEDERAL FUNDS Act), and Title Va and VI oft the CARES Act. Funds under the Contract are made available and are subject to Section 601(a) oft the Social Security Act, as amended bys section 5001 oft the Coronavirus Aid, Relief, and Economic Security Act (CARES The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, andi issue analyses, issued by the Contractor describing programs or projects funded in whole ori inj part with federal funds under this Contract, shall contain thet following statements: "This project was supported by a grant awarded by US Department of the Treasury. Points of viewi int 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." The Representative for each of the parties shall be responsible for and shall be the contact person for all The Representative for COMMERCE and their contact information are identified on the Face Sheet of The Representative for the Contractor and1 their contact information are identified on thel Face Sheet of 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 Contractor shall receive reimbursement for allowable expenses as identified in the Scope of Work 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 Contractor shall provide their indirect cost ratei that has been negotiated between their entity and the federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs COMMERCE shall reimburse the Contractor for eligible Project expenditures, up tot the maximum payable under this Contract. When requesting reimbursement for expenditures made, Contractor shall submit all Invoice Vouchers and any required documentation electronically through COMMERCE's 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, al hard copy A-19 3. CONTRACT MANAGEMENT communications and billings regarding the performance of this Contract. this Contract. this Contract. 4. COMPENSATION forth in the Scope ofWork (Attachment, A). 5. EXPENSES (Attachment. A) or as authorized in advance by COMMERCE as reimbursable. fort travel expenses at current state travel reimbursement rates. 6. INDIRECT COSTS (MTDC) will be used. 7. BILLING PROCEDURES AND PAYMENT form may be provided by the COMMERCE Project Manager upon request. State ofWashington Department of Commerce Interagency Agreement Version 072019 Page1 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS The voucher must be certified by an official of the Contractor with authority tol bind the Contractor. The final 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 ofWork (Attachment. A) and Budget & Invoicing (Attachment B). The invoice shall 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 oft 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: htips/home.treasurgoVsystemliey/38Corpnavns-ReletFun-Gusance-lor-Sate-lertoria-Loca- 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 Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt ofp properly completed invoices. Payment shall be sent tot 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 ift the Contractor fails tos satisfactorily comply with any term or condition of Nop payments in advance or in anticipation of services or supplies to be provided under this Agreement shall The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, ift the Contractor is entitled to payment or has been or willi be paid by any other The Contractor is responsible for any audit exceptions or disallowed costs incurred byi its own organization Shouldi the Contractor be foundi 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 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 Ifthe Contractor is a subrecipient and expends $750,000 or more in federal awards from any andlor all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific voucher shall be submitted to COMMERCE no later than November 15, 2020. include the Contract Number as stated ont the Face Sheet. nemtalcovenmensne remit a warrant to the Contractor. this Contract. ber made by COMMERCE. Duplication of Billed Costs source, including grants, for that service. Disallowed Costs or that of its subcontractors. disallowed costs. 8. AUDIT schedule of expenditures ofi federal awards. audit fort that fiscal year. Upon completion ofe each audit, the Contractor shall: State ofWashington Department of Commerce Interagency Agreement Version 072019 Page2 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR200.501, reports required by the program-specific audit guide (if applicable), and a copy of any management B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. Ift 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 The Contractor shall send all single audit documentation to auditreview@commerce.wa.gov. letters issued byt the auditor. requirement. DEBARMENT A. Contractor, defined as the primary participant andi itp principals, certifies by signing these General Terms and Conditions that tot the best of its knowledge and belief that they: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. . 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 aj 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 ii. Arenotp presently indicted for or otherwise criminally or civilly charged bya agovernmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 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 to certify to any oft the statements in this Contract, the Contractor shall C. The Contractor agrees by signing this Contract 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. D. The Contractor further agrees by signing this Contract that it willi include the clause titled' Certification Regarding Debarment, Suspension, Ineligibility and Voluntary ExclusionLower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all stolen property, making false claims, or obstruction ofj justice; (1)(b) of federal Executive Order 12549; and attach an explanation to this Contract. solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS The lower tier Contractor certifies, by signing this Contract 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 Contractor is unable to certify to any of the statements int this Contract, E. Thet 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 outi int thel Definitions and Coverage sections oft ther rulesi implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy oft these regulations. The Contractor shall comply with alla applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: such contractor shall attach an explanation to this Contract. 10. LAWS State ofWashington Department of Commerce Interagency Agreement Version 072019 Page3 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS United States Laws. Requlations and Circulars (Federal) for Federal Award, 2 CFR: 200, Subpart F. - Audit Requirements. Contractor shall comply with Uniform Administrative Requirements, Cost Principles, and Audit Requirement 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 Contractor: shallo complywith Omnibus Crime Controla and Safe streets Acto of1 1968, Title VI ofthe Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title Il of the Americans with Disabilities Acto of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of, Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 Int the event of an inconsistency ini this Contract, the inconsistency shall ber resolved by giving precedence (OMB) Circular or regulation. C.F.R. Part: 35 and 39. 11. ORDER OF PRECEDENCE int the following order: Applicable federal and state of Washington statutes and regulations Special Terms and Conditions General Terms and Conditions Attachment A - Scope of Work Attachment B - Budget & Invoicing Attachment C - A-19 Certification Attachment D - A-19 Activity Report State ofWashington Department of Commerce Interagency Agreement Version 072019 Page4 4 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 1. DEFINITIONS As used throughout this Contract, thei following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to ap person's name, health, finances, education, business, use orreceipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. G.' "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under as separate contract with the Contractor. Thet terms This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to 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. Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. original. Contract, and shall include all employees and agents of the Contractor. F. "State" shall mean the state of Washington. subcontractor" and' subcontractors" mean subcontractor(s) in any tier. 2. ALLWRITINGS CONTAINEDHEREIN exist or to bind any oft the parties hereto. 3. AMENDMENTS 4. ASSIGNMENT ora assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i.A All material provided to the Contractor by COMMERCE that is designated as confidential" by ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; ii. All personal information in the possession of the Contractor that may not be disclosed under B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential information. The Contractor shall use Confidential Information solely for the purposes of this Contract 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 bei required by law. The Contractors shallt take allr necessary steps to assuret that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state ori federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE; and state or federal law. State ofWashington Department of Commerce Interagency Agreement Version 072019 Page 5 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 C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure ofanyo confidential nformation, and shallt take necessary Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered' "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, andi interest in alll Materials, including alli intellectual property rights, moral rights, andi rights of publicity to COMMERCE "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 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 al 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 ini 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 Int 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 bei final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as This Contract shall be construed. andi interpretedi in accordance witht the laws of the state of Washington, and anya applicable federal laws, andt the venue of any action! brought hereunder shall bei ini the Superior protected by the Contractor against unauthorized disclosure. steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT effective from the moment of creation of such Materials. tot transfer these rights. Contractor. 7. DISPUTES provided byl RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE Court for Thurston County. State ofWashington Department of Commerce Interagency Agreement Version 072019 Page 6 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 9. INDEMNIFICATION Each party shall be solely responsible for the acts ofi its employees, officers, and agents. The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for ther noncompliance in addition to any other remedies available Repayment byi the Contractor oft funds under this recapture provision shall occur within thet time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments The Contractor shall maintain books, records, documents, data and other evidence relating to this contract 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 The Contractor shall maintain records that identify, in its accounts, all federal awards received and expended and thet federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of thet federal agency, and name The Contractor shall retain such records for a period of six (6) years following the date ofi final payment. At no additional cost, these records, including materials generated under the contract, shall bes 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, Ifany litigation, claim or auditi is started before thee expiration oft the six (6) year period, the records shall ber retained until all litigation, claims, or audit findings involving the records have been resolved. In the event funding from state, federal, or other sources is withdrawn, 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" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding The provisions of this contract 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 Contractor may only subcontract work contemplated under this Contract ifito obtains the priorwritten IFCOMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, 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 10. LICENSING, ACCREDIATIONANDREGSTRAION 11. RECAPTURE atl law or in equity. due under this Contract. 12. REƇORDS MAINTENANCE expended ini the performance of this contract. oft the pass-through entity. regulation or agreement. 13. SAVINGS limitations and conditions. 14. SEVERABILITY the contract. 15. SUBCONTRACTING approval of COMMERCE. State ofWashington Department of Commerce Interagency Agreement Version 072019 Page7 7 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; Every subcontract: shall bind the Subcontractor tot follow all applicable terms of this Contract. Contractor shall incorporate 2 CFRI Part 200, Subpart F audit requirements into all subcontracts. The Contractor isn responsible to COMMERCE ift the Subcontractor fails to comply with any applicable term or condition oft 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 ofa a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Every subcontract shall include at term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall Int the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in at timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be Int the event of termination or suspension, the Contractor shall be liable for damages as authorized by lawi including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation oft the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a Termination for Convenience" if it is determined that the Contractor: (1) was noti in default; or (2) failure to perform was outside of his or her The rights and remedies of COMMERCE providedi in this contract are note exclusive and are in addition Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. Ifthis Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. Upon termination of this contract, COMMERCE, in addition to any other rights provided int this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for () completed work and services for which no separate price is stated, () partially completed work and services, (ii) 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 or (c) require the Contractor to rescind or amend a subcontract. Contractor's duties. 16. SURVIVAL so survive. 17. TERMINATION FOR CAUSE terminated or suspended. the competitive bidding, mailing, advertising and staff time. control, fault or negligence. to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE 19. TERMINATION PROCEDURES Treatment of Assets" clause shall apply in such property transfer. State ofWashington Department of Commerce Interagency Agreement Version 072019 Page 8 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS with such determination shall be a dispute within the meaning of the' "Disputes" clause oft this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines tol be necessary top protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in After receipt of a notice of termination, and except as otherwise directed by the Authorized A. Stop work under the contract on the date, andi to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion oft the work under the contract that is not terminated; 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 Contractor under the orders and subcontracts 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 ofs such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, 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 E. Transfer title to COMMERCE and deliver int the manner, at the times, and to the extent directed by the Authorized Representative any property which, ifthe contract had been completed, would have F. Complete performance of such part oft thev work as shall not! havel beent terminated byt the Authorized 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 contract, which is in the possession of the Contractor andi in which the Authorized Representative has or may acquire an interest. Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished byt the Contractor, for the cost of which the Contractor is entitled tol be reimbursed as a direct item of cost under this contract, shall pass to and vesti in COMMERCE upon delivery of such property byt the Contractor. Title to other property, the cost of whichi is reimbursable toi the Contractor under this contract, shall pass to and vest in COMMERCE upon () issuance for use of such property in the performance of this contract, or (i) commencement of use of such property in the performance oft this contract, or (ii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shalll be responsible for any! loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from thet failure on the part of the Contractor tor maintain and administer that property in accordance with sound management practices. C. Ifany COMMERCE property is lost, destroyed or damaged, the Contractor shalli 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 All reference to the Contractor under this clause shall also include Contractor's employees, agents addition to any other rights and remedies provided by law or under this contract. Representative, the Contractor shal!: purposes oft this clause; been required to be furnished to COMMERCE; Representative; and 20. TREATMENT OF ASSETS occurs. upon completion, termination or cancellation of this contract or Subcontractors. State ofWashington Department of Commerce Interagency Agreement Version 072019 Page 9 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 21. WAIVER Waiver of any default or breach shall not be deemed tol be: a waiver of any subsequent default orb breach. Any waiver shall not! be construed to be a modification oft thet terms oft this Contract unless stated to! be such in writing and signed by Authorized Representative of COMMERCE. State ofWashington 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 Coronavirus Aid, Relief, and Economic Security Act ("CARES Act') and Section V and VI of the CARES Act, for costs incurred duet tot the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19). Under the CARES Act, the Coronavirus Relief Fund may be used to cover costs that: 1. Arer necessary expenditures incurred due to the public health emergency with respect tot the 2. Are not accounted fori int the budget most recently approved as of March 27, 2020 (the date These funds may be used to reimburse for expenditures incurred during the period of March 1, 2020 thru Oct. 31, 2020. Please note: In order to ensure all funds have been fully utilized prior to the US Treasury's December 30, 2020 end date, the State of Washington must closeout contracts by October 31, 2020. All final requests for reimbursement must be received no later than November 15, 2020. Expenditures must be used for necessary: actions taken to respond tot the public health emergency. These mayi include expenditures incurred to allow thel local government tor respond directly toi thee emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second- order effects oft the emergency, such as by providing economic support tot those suffering from employment Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute.. Although al broad range of uses is allowed, revenue replacement is not Payments may be used only to cover costs not accounted fori in the budget most recently approved as of 1. The cost cannot lawfully be funded using al linei item, allotment, or allocation within that budget; OR 2. The cost is for a substantially different use from any expected use of funds in such a line item, The "most recently approved" budget is the enacted budget for the relevant fiscal period for the particular government. A cost is not considered to have been accounted for in al budget merely because it could be Coronavirus Disease 2019 (COVID-19); AND ofe enactment of the CARES Act) for the State or government. or business interruptions due to COVID-19-related. business closures. ap permissible use ofF Fund payments. March 27, 2020. A cost meets this requirement if either: allotment, or allocation. met using al budgetary stabilization fund, rainy day fund, or similar reserve account. Allowable expenditures include. but are not limited to: 1. Medical expenses such as: a. COVID-19-related expenses of public hospitals, clinics, and similar facilities. COVID-19 treatment capacity, including related construction costs. Costs of providing COVID-19 testing, including serological testing. Expenses of establishing temporary public medical facilities and other measures to increase d. Emergency medical response expenses, including emergency medical transportation, related Expenses fore establishing and operating public telemedicine capabilities for COVID-19-related to COVID-19. treatment. 2. Public health expenses such as: State ofWashington Department of Commerce Interagency Agreement Version 072019 Page 11 Attachment. A a. Expenses for communication and enforcement by State, territorial, local, and Tribal b. Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, 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 in connection with the COVID-19 public health emergency. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response d. Expenses for technical assistance to local authorities or other entities on mitigation of COVID- e. Expenses for public safety measures undertaken in response to COVID-19. governments of public health orders related to COVID-19. tothe COVID-19 public health emergency. 19-related threats to public health and safety. Expenses for quarantining individuals. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such a. Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. b. Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. Expenses to improve telework capabilities for public employees to enable compliance with d. Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. COVID-19-related expenses of maintaining state prisons and county jails, including as relates tos sanitation and improvement of social distancing measures, to enable compliance with Expenses for carei for homeless populations provided to mitigate COVID-19 effects and enable 5. Expenses associated with the provision of economic support in connection with the COVID-19 a. Expenditures related to the provision of grants to small businesses to reimburse the costs of Expenditures related to a State, territorial, local, or Tribal government payroll support program. Unemployment insurance costs related tot the COVID-19 publicl health emergency if such costs will not be reimbursed byt the federal government pursuant to the CARES. Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that 19, public health emergency. as: COVID-19 public health precautions. COVID-19 public health precautions. compliance with COVID-19 public health precautions. public health emergency, such as: business interruption caused by required closures. satisfy the Fund's eligibility criteria. State ofWashington Department of Commerce Interagency Agreement Version 072019 Page 12 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 Economic Support 5. Other Covid-19 Expenses 4. Actions to Comply with Public Health Measures The Contractor shall submit invoice reimbursement requests to the Commerce Representative using the Commerce Contract Management System's (CMS) Online A-19 Portal. Each reimbursement request must 1. A-19 Certification form- - An authorized party oft thel local government will certify eachi invoice (A19) submitted for reimbursement and attest that all incurred expenditures meet the US Treasury Department's guidance: itps/home.treasurygowsystem/les/38/Coronawnavinus-Relet-Fund- 3. Adetailed breakdown of the expenditures incurred within each applicable budget sub-category on The A-19 Certification and Activity Report templates will be provided with the executed contract. The 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 thet funds havel been usedi ina 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. include: Gusance-forSimte-TertelemioalcalsmeTaaa-Govermentspa 2. A-19 Activity Report the A-19. Activity Report. documents are included in Attachment C and Attachment D1 for reference. State ofWashington Department of Commerce Interagency Agreement Version 072019 Page 13 Attachment C Washington State Departmento of commerce LOCAL GOVERNMENT CORONAVIRUS RELIEF FUNDS CERTIFICATION FRST,LASTNAME, am the TITLE of GIOCALGOVERAMENP, andicertify that: 1. Ihave the authority and approval fromt the governing! body on behalf oft thel Local Government to request reimbursement from the Department of Commerce (Commerce) per contract number - become necessary. processing this reimbursement. and 31,2020. shall be returned to the State of Washington. Footnote: I-Guidance: available at! https home treasury gous system files 136 Coronasirus Raafhmisersas Temrmoral-Local amd-Tabal-Gpemmes pdf(4/30:2020) State fWashington Department of Commerce Interagency Agreement Version 072019 Page 14 Attachment C LOCALO GOVERNMENT CORONAVIRUS, RELIEF FUNDS CERTIFICATION Page2of2 6. lunderstand the Local Government receiving funds pursuant tot this certification shall retain documentation of all uses of thef funds, including but not limited toi invoices and/ors sales receipts ina ar manner consistent with 5200.333 Retention requirements, for records of2CFRE Part: 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for FederalAwards (Uniform Guidance). Such documentation shall be produced to Commerce upon request and may be subject to audit byt the State 7. lunderstand anyf funds provided pursuant tot this certification cannot be used asa revenue replacement for lowert than expected tax or other revenue collections. 8. lunderstand funds received pursuant tot this certification cannot be usedf for expenditures for which thel Local Government has received any other emergency COVID- 19 supplemental funding (whether state, federal or private in nature) for that same Icertify that Ihave read the above certification andr my statements contained herein are true Auditor. expense. and correct tot the best of myl knowledge. Printed Name Title Signature Date: State ofWashington Department of Commerce Interagency Agreement Version 072019 Page 15 Attachment D CRF A-9AcivlyReport INSTRUCTIONS INSTRUCTIONS: Acompleted CRF A-19 Certification: andA Activity Report must! bes submitted with each A-19 reimbursement request. The A-19A Activity Report must bes submitted as anl Excels spreadsheet, not aF PDF. You must also include ac detailed breakdown of thei individual expenditures reportedi in Column Ff for eacha applicable sub-category included ont theA A-19 Activity Report. There are6 6p primary! budget categories; 1.Medicall Expenses 2.F Public Health Expenses 5. Economic Supports 6. Other COVD-19E Expenses 3. Payroll expenses for public employees dedicatedi to COVID-19 4.E Expenses tof facilitate compliance with COVD-19-measures Eachp primary budget categoryi includes sub-categories and provides an option to add' "other" sub-categories not listed. Followt thel belowi instructions when completingt the A-19Activity Report: F REPORTI PERIOD Enter the report periodi into Cell D1 oft the A-19 Activity Report This should matcht the report periode entered ont the corresponding A-19. Report period shouldi includel MMYY to! MMAYYY,ie. 03/20, March: 2020, 03/2020, etc. COLUMNI E- Enter thet total amount of all previous reimbursement requests submitted to Commerce for each COLUMN! F- Enter thet total amount being requestedi int the current reimbursement request for eacha applicable COLUMN H: USE OF FUNDS- Your musti include a general description of the use oft thet funds being requested fore eacha applicable sub-category. Keep descriptions as concise as possible, buti include adequate context to demonstrate howt thesef funds! helped: address the COVID-19 emergency. lfapplicable, please consider: applicable sub-category. sub-category. Providing al brief description of the specific activities performed. Identifying specific populations served. Identifying specific programs created or utilized. Including any) known ori intended outcomes, results, or community impacts. Enter a Tite for other expenses added withint thea appropriate! budget category. Enter titlesi into Cells: D10, D19, D27, D36, and! D41. categories addedt to the same budget category. that don't fall under budget categories 1-5. Enter titlesi into Cells D44-D48. OTHER SUB-CATEGORIES- - Budget categories 1-5include ap placeholder to adda an additional sub-categoryif necessary. Therei is only one "other" placeholder ine each! budget category section. Please combine multiple' "other" sub- OTHER BUDGET CATEGORIES- Budget category 6i is where yous shouldi include any eligible expendtures Enter a Titlef for these" "other" expenses within budget category 6. Therea are only 5entryf fields available within Budget Category6. State ofv Washington Department of Commerce Interagency Agreement Version 072019 Page 16 CRF A-19Activity! Report INSTRUCTIONS INSTRUCTIONS: A completed CRF A-19 Certification and Activity Report must be submitted with each A-19 reimbursement request. The A-19 Activity Report must be submitted as an Excel spreadsheet, not al PDF. You must also include a detailed breakdown of thei individual expenditures reported in Column Ff for each applicable sub-category included on the A- 19 Activity Report. There are 6 primary budget categories; 1. Medical Expenses 2. Public Health Expenses 5. Economic Supports 6.0 Other COVID-19 Expenses 3. Payroll expenses for public employees dedicated to COVID-19 4. Expenses to facilitate compliance with COVID-19-measures Each primary budget category includes sub-categories and provides an option to add "other" sub-categories not listed. Follow the below instructions when completing the A-19 Activity Report: REPORT PERIOD - Enter the report period into Cell D1 of the A-19 Activity Report. This should match the report period entered on the corresponding A-19. Report period should include MM/YY to MM/YYYY, i.e. 03/20, March 2020, 03/2020, etc. 2 COLUMN! E- Enter the total amount of all previous reimbursement requests submitted to Commerce for 3 COLUMN F- Enter the total amount being requested in the current reimbursement request for each COLUMN H: USE OF FUNDS You must include a general description oft the use of the funds being requested for each applicable sub-category. Keep descriptions as concise as possible, buti include adequate context to demonstrate how these funds helped address the COVID-19 emergency. Ifa applicable, please each applicable sub-category. applicable sub-category. consider: Providing al brief description oft the specific activities performed. Identifying specific populations served. Identifying specific programs created or utilized. Including any known or intended outcomes, results, or community impacts. > OTHER SUB-CATEGORIES - Budget categories 1-51 include a placeholder to add an additional sub-category ifnecessary. Enter a Title for other expenses added within the appropriate budget category. Enter titles into Cells: D10, D19, D27, D36, and D41. sub-categories added to the same budget category. There is only one' "other" placeholder in each budget category section. Please combine multiple "other" OTHER BUDGET CATEGORIES - Budget category 6 is where you should include any eligible expenditures that don't fall under budget categories 1-5. Enter titles into Cells D44. - D48. Enter a Title for these' "other" expenses within budget category 6. There are only 5 entry fields available within Budget Category 6. Washington State Department of Commerce LOCAL GOVERNMENT CORONAVIRUS RELIEF FUNDS CERTIFICATION I, , am the of <LOCAL GOVERNMENT>, andlcertify that: 1. Ihave 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 <COMMERCE CONTRACT NUMBER> from the allocation of the Coronavirus Relief Fund as created in section 5001 ofH.R.748, the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") for eligible expenditures included on the corresponding A-19 invoice voucher for report period 2. lunderstand that as additional federal guidance becomes available, a contract amendment to the agreement between Commerce and the Local Government may 3. lunderstand Commerce will rely on this certification as a material representation in 4. icertify the use oft 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 tot the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. Were not accounted fori in the budget most recently approved as of March 27, 2020; Were incurred during the period that begins on March 1, 2020, and ends on October <REPORT PERIOD FROM/A-19>. become necessary. processing this reimbursement. and 31, 2020. 5. lunderstand 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 oft the Treasury- and certify costs meet the required guidance. Any funds expended by the Local Government ori its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the State of Washington. Footnote: I-Guidance available atl https./home.treasurygowiysem/fles/136Coronavinss-Reliel-Fund-Guidance-for-Slate- Terfitorial-Loca-and-Tibal-Govemmenss.pdf(4302020) LOCAL GOVERNMENT CORONAVIRUS RELIEF FUNDS CERTIFICATION Page 2of2 6. lunderstand the Local Government receiving funds pursuant to this certification shall retain documentation of all uses oft the funds, including but not limited to invoices and/or sales receipts in a manner consistent with $200.333 Retention requirements, for records of 20 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 mayl be subject to audit by the State 7. lunderstand any funds provided pursuant to this certification cannot be used as a revenue replacement for lower than expected tax or other revenue collections. 8. lunderstand funds received pursuant to this certification cannot be used for expenditures for which the Local Government has received any other emergency COVID- 19 supplemental funding (whether state, federal or private in nature) for that same Auditor. expense. Icertify that! Ihave read the above certification and my statements contained herein are true and correct to the best of my knowledge. Printed Name Title Signature Date: Department of Commerce Contract Management System System Access Request Form System Access Request Form Mail or email this completed form to your Commerce program manager. The Contract Management System Portal (CMS) is accessed through Secure Access Washington (SAW). Use this link to access the Upon receipt of this form, your Commerce program manager will send a CMS Registration Code to your SAW email address. See the CMStraining manual on the website forinstructions onl howi to create a SAW: site! AEPEUIEASESMARNA and create a SAW account. SAW account and to login to CMS. Requestor iInformation FIRST NAME SAWI EMAIL LASTN NAME WORKI PHONE FAXI PHONE CELLE PHONE ROLE Data Entrya and Submit Data Entry Only Read Only ORGANIZATIONI NAME ORGANIZATIONI NAME STATEWIDE VENDOR NUMBER STATEWIDE VENDOR NUMBER Requestor Agreement By signing this form, Icertify that! lam authorized to view and/or submit information on behalf oft the organizations listed above, will practice adequate Password. management by keeping Passwords http:/www.commerre.wagov/prvagy-information/con/condtionsuseacess-agreement confidential and agree to the Conditions of Use Access Agreement. PRINTED NAME SIGNATURE DATE Manager Approval listed above. PRINTED NAME By signing this form, lapprove this employee to access the CMS portal on behalf of the organizations SIGNATURE DATE DATE: June 3, 2020 ITEM: City Administrator's Report SUMMARY 1. Purchase from PUD-2003 Ford F-550 Bucket Truck. Public Works has been borrowing al lift from the Port that is considered unsafe and the Port is reluctant to let us usei it anymore. This purchase will allow Public Works to perform their duties in a more safe and efficient manner. 1. N/A BUDGET IMPACTS Ifyou have any questions, concerns, or require additional information; please contact me prior to the meeting.