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HomeMy WebLinkAboutAgreements/Contracts - BOCCK23-163 ARPA BENEFICIARY AGREEMENT This ARPA Beneficiary Agreement ("Agreement") is dated as of the 7th day of June , 2023, by and between Grant County, a Washington political subdivision ("County"), and the entity Big Bend Community College (Federal Tax ID# 910826741 , UEI # TJM7DM1 H6KQ5 ), a Washington State public institution of higher ed. ("Beneficiary"). WHEREAS, the U.S. Department of the Treasury ("Treasury") has allocated to the County $18,983,490.00 of federal stimulus funding from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Funds under CFDA No. 21.027 ("ARPA Funds") under Section 602 (b) and 603(b) of the Social Security Act, as amended by Section 9901 of the American Rescue Plan Act ("ARPA Act"), for the limited purposes identified in the Agreement between the 'Treasury and Grant County designated under FAIN # #SLFRP2169 (Agreement), identified as MM%as e Coronavirus State and Local Fiscal Recovery Funds Final Rule ("Final Rule"), identifie, and the Compliance and Reporting Guidance for State and Local Fiscal Recover Funds "Compliance & Reporting Guidelines"), identified as are attached hereto and incorporated herein by this reference. WHEREAS, the County desires to allocate portions of the ARPA Funds awarded to Grant County in support of responding to the COVID-19 public health emergency or its negative economic impacts. Notable negative economic impacts by the Beneficiary include the following: Grant County was negatively affected by the nursing and healthcare professional shortage exacerbated by COVID-19. Residents of Grant County who are low-income and persons of color have been impacted especially hard. There is an urgent need to educate more students in all BBCC healthcare programs including nursing, medical assisting, nursing assisting, behavioral health. Statutory Eligible Use Type is 1. To respond to the COVID-19 public health emergency or its negative economic impacts under the Subcategory: Public Health 1. COVID-19 mitigation and prevention -- capital investment in public facilities to meet pandemic operational needs, such as adaptations to public buildings to implement COVID-19 mitigation tactics. Expenditure Category: 1.14 Other Public Health Services WHEREAS, the County believes the provision of these funds to expand the capacity of healthcare related programs at Big Bend Community College with the goal of doubling enrollment in the Medical Assisting and Nursing Assisting programs and potentially adding other healthcare programs by remodeling their 1500 building to create a larger skills lab and classroom qualifies this project as an eligible use of ARPA Funds as outlined previously WHEREAS, the County and Beneficiary desire to enter into this Agreement so that the County may advance ARPA Funds via a direct economic support grant to provide the Beneficiary with sufficient resources to proceed as allowed under the Attachments A & B. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below, the parties agree as follows: Page 1 of 9 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2026, unless terminated by the County in writing. 2. ARPA Funds. The County agrees to provide to the Beneficiary a total dollar sum not to exceed $ 999,000.00 on a Reimbursement Payment basis for eligible costs incurred during the period of March 3, 2021, through September 30, 2026 based on eligibility criteria outlined in Attachment D, Scope of Work. 3. Reimbursement Request Support. For entities receiving ABPA Funds on a reimbursement basis, to facilitate release of ABPA funding to the Beneficiary, the Beneficiary will submit a detailed invoice in a form specified and approved by the County, no more frequently than monthly and at minimum on a quarterly basis, detailing the eligible expenses incurred by the Beneficiary for which Reimbursement is being requested. Each Reimbursement request submitted by the Beneficiary will include a signed certification by the Beneficiary that such expenses represent eligible expenses incurred by the Beneficiary based on the eligibility criteria outlined in Attachment D and that such expenses have not been nor will be reimbursed under any other government or private entity program. Such schedule may be modified with the prior approval of the County. Failure to provide any of the required documentation may result in termination of the Agreement and in the withholding and/or nonpayment of all remaining funds awarded to the Beneficiary by the County under the Agreement. 4. Advance payment Support. For entities receiving ARPA funds as an advance payment, a progress and final report will be required when the funding has been expended. At the discretion of the BOCC, all entities in this category may be required to provide a narrative budget either at the time this agreement is signed or along with the progress and final report. 5. Ineligible Uses. Non -allowable uses of ARPA Funds include, without limitation, the following: a) usage of funds to either directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation or administrative interpretation during the covered period that reduces any tax or delays the imposition of any tax or tax increase; b) damages covered by insurance; c) usage of funds as a deposit into any pension fund; d) expenses that have been or will be reimbursed under any federal program; e) debt service costs; f) contributions to a "rainy day" fund; g) legal settlements and h) any and all other ineligible uses listed in the Final Rule. 6. Termination. The County may terminate this Agreement, for convenience or otherwise and for no consideration or damages, upon prior notice to the Beneficiary. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an Independent Contractor. Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Beneficiary shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. Page 2 of 9 8. Indemnification. The Beneficiary agrees to defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Beneficiary, its officers, directors, employees, and/or agents relating to the Beneficiary's performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws, Guidelines. The Beneficiary shall comply with all federal, state, and local laws and all requirements (including debarment and other required certifications and audits) of Attachments A & B, and Compliance & Reporting Guidelines to the extent applicable, when disbursing ARPA Funds to Beneficiary or when seeking Reimbursement from the County. 10. Maintenance and Audit of Records. The Beneficiary. shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by the County or its designee, the Washington State Auditor's Office and as required by Attachments A & B, and Compliance & Reporting Guidelines for five (5) years after all funds have been expended or returned. If it is determined during the course of the audit that the Beneficiary was reimbursed for unallowable costs under this Agreement, the Beneficiary agrees to promptly reimburse the County for such payments upon request. 1 1. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Beneficiary: Organization: Big Bend Community College Contact Name: Bryce Humpherys Address: 7662 Chanute Stree NE City/State/ZipMoses Lake, WA 98837 Grant County: Grant County Commissioners P.O. Box 37 Ephrata, WA 98823 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining, or extending this Agreement. Page 3 of 9 13. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. 15. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 17. Governing Law; Venue. The Agreement will be governed in all respects by the laws of Washington State, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Grant County, Washington or as provided by RCW 36.01.050. 18. Non -Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof; nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 19. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 20. Assignment. The Beneficiary shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 21. ' Entire Agreement. This Agreement constitutes the entire agreement between the County and the Beneficiary for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 22. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to Treasury in connection with the use of ARPA Funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 23. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. Page 4 of 9 24. Counterparts. This Agreement may be executed in one or more counterparts, any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 25. Authorization. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. DATED this 15th day of June 2023. BENEFICIARY ORGANIZATION: Big Bend Community College PRINTED NAME: Sara Thompson Tweedy SIGNATURE: DATED this X1h �' day of _ J " e , 2023. /AT S d Barba a J. Vasque , e the Board Appr ve as E6 Rebekah M. a or, WSBA#: 53527 Deputy Prosecuting Attorney E+,President BOARD OF COUNTY COMMISSIONERS GRANT COUNTY WASHINGTON Z �v v v V1L �'/✓, V11W11 Cindy Ca r, Vice Chai P �A; Danny E St ne, Member Date Page 5 of 9 ATTACHMENT A INTERAGENCY AGREEMENT BETWEEN THE U.S. DEPARTMENT OF TREASURY AND GRANT COUNTY Attachment A to be provided on a separate document Page 6 of 9 ATTACHMENT B U.S. DEPARTMENT OF TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINAL RULE EFFECTIVE 4-1-2022 haps://home.-treasury.gov/system/files/136/SLFRF-Final-Rule.pdf Page 7 of 9 ATTACHMENT C U.S. DEPARTMENT OF TREASURY COMPLIANCE AND REPORTING GUIDANCE FOR CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS DATED 9-20-22 Version 5.0 https:Hhome.treasu ,T.gov/system/fles/136/SLFRF-Compliance-and-Reporting-Guidance.pdf Page 8 of 9 ATTACHMENT D SCOPE OF WORK The Board of Commissioners is directing to provide the Beneficiary a total dollar amount not to exceed $ 999,000.00 of ABPA Funds in Support of Big Bend Community College's plans to expand the capacity of healthcare related programs with the goal of doubling enrollment in the Medical Assisting and Nursing Assisting programs and potentially adding other healthcare programs by remodeling the 1500 building on the BBCC campus used for these purposes. Expenses under this grant must meet the eligibility criteria outlined below: 1. Eligible COStS Any costs associated with the capital project of remodeling the 1500 Building utilized in their Medical Assisting, Nursing, Nursing Assisting, and other healthcare programs. The remodel will establish a skills lab with space to serve more students than the nursing program can currently accommodate in its existing space. The remodel will also create a large classroom that could be used as science laboratory space for biology classes that support nursing and healthcare programs. 2. Program Funding and Award Amount The County shall make $ 999,000.00 of ARPA funds available under Attachment A that will be paid to the Beneficiary on a Reimbursement Payment basis. All funds are to be disbursed no later than September 30, 2026. 3. Reporting The ARPA funding will be provided via warrant to the Beneficiary upon its submission to the County of expenditure details, together with copies of invoices, receipts and other supporting documentation for each expense for which reimbursement is requested, along with a signed certification by the Beneficiary that such expenses represent eligible expenses incurred by the Beneficiary based on the eligibility criteria outlined above and that such expenses have not been nor will be reimbursed under any other government or private entity program. The Beneficiary may only submit one request for reimbursement per month and at minimum on a quarterly basis. This will ensure the eligibility of the expenditures consistent with the application requirements prior to payment. The Beneficiary reporting obligations listed above will not be required if one or both statements below are checked: ❑✓ A narrative budget and plan has been previously submitted by the applicant and approved by the BOCC. A progress and final report from the beneficiary on grant usage is required. ❑ This beneficiary is designated as being within an eligible class for grant allocation. A progress and final report from the beneficiary on grant usage is required and the BOCC may require a narrative budget to accompany the progress and final report. Page 9 of 9 9' R OMB Approved No. 1505-0271 ti K22-1 0 VE D Expiration Date: 11%30/2021 MAY 1 0 2022 U.S. DEPARTMENT OF THE TREAS Rt* CORONAVIRUS STATE AND LOCAL FISCAL RECO RY FUNDS Recipient name and address: IP DUNS Number: 010202562 Grant County, Washington Taxpayer Identification Number: 916001319 35 C Street NW Assistance Listing Number and Title: 21.027 Ephrata, Washington 98823 Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the , American Rescue Plan Act, Pub, L. No. .117-2 (March 11, 202 1) authorizes the Department of the Treasury (Treasury) to make payments to certain recipients from &e Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund, Recipients hereby agrees, as a condition to receiving such 'Payment from Treasury, agrees to the terms attached hereto. Recipient: Authorized Representative Signature (above) Authorized Representative Name: Danny E Stone, B O C C Chair-' Authorized Representative Title: Chair Date Signed: U.S. Department of the Treasury: Authorized Representative Signature (above) Authorized Representative Name: Authorized Representative Title: Date Signed: PAPERWORK REDUCTION ACT NOTICE Jacob Leibenluft Chief Recovery Officer, Office of Recovery Programs June 1, 2021 The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., NX, Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. R E C - E V E 15 MAY G R;,4 N * coulml U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1. Use of -Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c) and 603(c) of the Social Security .Act (the Act) and Treasury's regulations implementing that section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project. 2. Periodof Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As i set forth n Treasury's, implementing regulations, Recipient may use award funds to cover eligible costs incurred during theeriod that begins on March 3, 2021 and ends on December 31, 2024. P 3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury, as it relates to this award. 4. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c) and 603 (c), Treasury's regulations implementing those sections, and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later. 5. Pre -award Costs. Preaward costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. 6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs. 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. 8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. 200.318(c) and that such conflict of interest policy is applicable to each activityfunded under this Recipient § award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 9. Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act, regulations adopted by Treasury pursuant to sections 602 and 603 of the Act and p (� (� guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension on rocurement 2 • .. P (N p ), C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. ' v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix SII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug -Free workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following; i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1.968 (42 U.S.C. § § 3 601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation .Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title It of the Americans with Disabilities Act of 1990 as amended (42 U.S.C. ' § § 12101 et seq.), discrimination on the basis of disability programs, g under rains a t' ' ' � which prohibits c ivities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10. Remedial Actions.In the event of Recipient's noncompliance with sections 602 and 603 of the Act, other applicable laws, Treasurys implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of sections 602(c) or 603(c) of the Act regarding the use of funds, previousa ments shall be subject to recoupment as provided in sections 602(e) and 603(e) of the Act. p Y 11. Hatch -Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1.501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment ent is in p connection with an activity financed in whole or in part by this federal assistance. 12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 13. Publications. Any publications produced with, funds from, this award must display the following language: "This project is being]. [was] supported, in whole or in part, by federal award number enter project FA awarded . C p j � w riled to Grant County, Washington by the U.S. Department of the Treasury." 14. Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized' to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(e of the Act and have not been. repaid by Recipient shall constitute a debt -to the federal government ) . b. Any debts determined to be owed the federal government must be paid prom tly b Recipient. A debt is del' ' P Y p delinquent if 1t has not been paid by the date specified in Treasury's initial written. demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph g p graph 14(a). Treasury will take any actions available to it to collect such a debt. 15. Disclaimer. a, The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award.or y r an contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 471.2, Recipient may not discharge, demote, or otherwise discriminate against an employee reasonably in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee believes is evidence of gross mismanagement of a federalcontract or grant, a gross waste of federal funds, an abuse of authority relating toa federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 17. Increasing Seat Belt Use in. the United States Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, 18. Reducing Text Messaging while Driving Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging w ' p ' ' g g hile driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers, OMB Approved No. 1505-0271 Expiration D ate : 11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQU DREARNTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department. of the Treasury, the Grant County, Washington (hereinafter referred to as "the Recipient") provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the recipient's beneficiaries, the use or rent of Federal land orro e rty at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention P g �uritent�.on of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide . P gr p direct benefits. This assurance applies to all federal financial assistance firom or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the fature. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities, so long as any portion of the recipient's program(s) is federallyassisted in the mannerproscribedp above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin 42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 1.3166; directives; circulars; policies; memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful Y access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. 3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR. 6067. For more information on LEP, please visit Ltip://www.IeD.Qov. 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt p of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees and assignees for the i period n which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in eve ry contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees p �' contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title Vf o the Civil Rights Act o, f'1964, which prohibits recipients o ederal inan i � f p ff , f � cal assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S C § 2000d et seq), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract or agreement). Title VI also includes protection topersons with "Li " p mated English Proficiency in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the .Department of the Treasurys Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent purpose transfer, the transferee, for the period during which the real property or structure is used for a u for which t q P rp he federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownershipor possession of the property; I 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. That is, the Recipient shall comply with information requests, on-site compliance reviews, and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of disc riminatran on the grounds of Trace, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of proceedings 1964 and implementing regulations and provide, upon request, a list of all such reviews or din s based o g P g n the complaint, pending or completed,including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter allegro such discrimination, . g ion, file Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 14. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensu p p ring that sub -recipients also comply with Title VI and other applicable authorities covered in this document State agencies that male sub -awards must have in place'standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub -recipients. The United States of America has the right to seep judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury, the undersigned official(s) certifies that he/she has read and understood its obligations as herein described, that any information submitted in conjunction with this assurance document is accurate and corn. lete and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. p R, C' t Si a f Authorized Off ' 1' Daae �/la laa gn �cxa .O ne - PAPERWORK REDUCTION ACT NOTICE I - �C)col C� The information collected will be used for the U.S. Government to process requests for support. he estimated burden associated with this collection of information. is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., NX, Washington, D.C. 20220. DO NOT send the formto this address. An agency may not: conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.