The URL can be used to link to this page

Home My WebLink AboutAgreements/Contracts - BOCCK23-189 A"A ]BENEFICIARY AGREEMENT This ABPA Beneficiary Agreement ("Agreement".) is dated as of the 24th dav of May 2023 by and between Grant County,, a Washington, political subdivisi11ll on county Grant County Fire District 7 Auxiliary High Rollersand the entity (Federal TaX'ID# 32-0460601 taX exempt public charity bi e,orq UEJ a Washington* State ahizatfon ("Beneficiary"), WHEREAS, the U. S Department of the Treasury ('Trea . sur has allocated '0 the County Treasury t $185983 ron ,490.00 of federal stimulus fanding from the Co� avirus.State Fiscal Recovery Fund and ,the Coronaviru i s Lo a], F'scal Recover. c I y Funds under CFD.A No. 2 1. 027 (`"A .PA Funds under Section 6,02 (b.) and 603(b) of the Social: stun Act, as amended ,by S- cti un e on 9901 of the American Rescue Plan Act (`":PA Acflipin the urposes identified * Agreement between, the for the limited 'Treasury and Grant County designated under FAIN # #SLFRP2.169 (Agreement),,, identified . as navirus State and Local Fiscal Recov Funds Fl. -ale ("Fi a1 Rul, I!V* NO`-, the Coro ery nal R n e identified as.; Mm I i and the Compliance and Reporting:Guidance for State and Local F'so T-4 `Compliance i a Recovery Funds ��a� Compliance & Reporting Guidel' es'%. lde ainntifiled s 2 t are, attached hereto and incornorated herein, bv this, reference. the Co-anty.desires to allocate Portions of the AR -PA Funds awarded to Grant County insupport of-replacirig lost revenue for the.Cl.aSS.r Of 10 -profit organizations so pal non serving our various under -served populations and other segments of our population. Notable negative economic impa,tsby the Beneficiary "include the foll c owingw Lost revenue front curtailed operations. Non-profit organizations Serve some of the . most heavily.impacted groups during the pandemic. The negative physical and social impacts Of COVID-1 9 kept these: organizations from. being able- to raise funds and provide. services as they normally Would. These entities need an infus*on of funding to restore their services to the i m pact ..... . ed populations they, serve'. WHEREAS, the Comity believes the provision ofs.ervices by local non-profit organiz t, t benefit a wide array Of socio-economic a Ions o our citizens Mic groups. Assisting those organizations with revenue replar 't is vital to the continued emen operations of those entities and, ultimately benefits both the under -served and the general citizenry of our area, qualifies this project as an eligible use of ARPA Funds as outlined. previously "WHEREAS.,. the Coimty and Beneficiary desire to enter into this Agreement so that the County may advance .RPA Funds via a direct economic support grant to provid ci -y with e the Ben'e.fi 'al 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 Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until Decembe'.1, 2.026, unless terminated by the County in writing. 2, A `A Funds. The County agrees to provide to the Beneficiary a total dollar sum not. to exceed. $ 3,500.00 on aAdvance Payment basis for eligible costs incurred during the period of March 3, 2021, through September 30, 2026 based on eligibility criteria outlined *in A.ttaeh e t: I , Scope. of Work. 3. Reimburse m'ent Reg . uest SLapport. For entities rete ARPA Funds. on a reimbursement basis, to facilitate release of ARPA funding to the Beneft iary, the Beneficiary will, submit cl a detailed intvoicein 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, I is being: requested. Each Reimbursement request submitted by the Beneficiary will include a signed d certification, by the Beneficiary that such expenses repjese.nt 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 t privai e e. ILY program.. Such schedule maybe modified with. the prior approval. of the noun toprovide any of the required documentation may result in termination of theAgreement. and in the withholding and/or nonpayment of all rem.ainilla funds awarded to the.Beneficiary by the County under the Agreement. I 4. Advance payment 0 # SUP-DOrt. For entities receiving ABPA funds as an advance payment, a progress and final report will be required when the funding has been expended, At the discretion of the DOCC, all entities in this category may b -aired to provide -a ' e req narrative 'budget either at the time this agreement is signed or along the progress and final report, I g witb 5, -Ineliaible Uses. Non -allowable uses of A RPA Funds 'include without hm"tation, the .f,6116,wing.- a) usage of funds to either directly or diree t offset a ly reduction in net tax revenue resulting from a change inlaw "s rQgidationoradmin' trativeinterpretati nBurin i. o u the covered period that reduces any tax or delays the of any tax. or t ax increase y a C)u b) dam aesocovered insurance, sa ge of funds as a deposit intoerasiony pfund; d) expenses that have been. or will be reimbursed under; any federal progr'am.- e).debt service costs f) contributions to a "rainy day" fund; g) legal settlements and h) any and all other incligi,ble 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 Beneficiar yip 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 aol nt venture, or a relationship of principal and aent or em plov 9 9 er and employee between the parties. The Beneficiary -shall not be, or be deemed to ba, 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, empjoyees., agents and volunteers harmless from and ag sins t 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 Benefi. iary5 Performance or failure to perfo c s irm, under this Agreement. The section .1 SUMV la 0 Shal e the A - expiration or termination of this Agreemon L. 9'. Com-Ditance with Laws,, Guidelines. The Bene clary shall cOMP1Y with all federal state and local laws and all requirements (including deb arment and other required certifications and Audits) of Attachments A & B,, and-C-ompl* i.ance & Reporting Guidelines to th.e.extent . applicable, when disbursing -ARRA Funds to. Benefic* -nent Beneficiary or when seeking Reimbursei from the County., 10. Maintenance and Audit of Records. The Beneficiary shall maintain records,.,books, documents, and other materials relevant t *t e o is performance under this gee ent., These records shall be subject to inspect' I an audit by the County or its designee the ion, rev. ew d Washington State Auditor s Office and as required b Attachm. ents A & 13) and Compliance & Report^ ing Guideli for five (5) years after fundsnes have been expended or returned. If it is determined during course the. of e e the audit that the Be'nefi, reimbursed for unallowable costs under this Agreemei ciary was it the, Beneficiary agrees promptly reimburse the County for. such payments upon request. Notices., I Any notice desiredor required d to be. given hereunder shall be in writing, andshall be deemed received three (3) days after deposit *th the e w, 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 po rson or address as either party shall designate to the other frotn time in wn, ti n*g forwarded like time- to in manner,,, BeneficiM. OrganizatiowGrantjaunty .Qoun 'Fire District 7, Auxiliary High Rollors Contact Name: Jane Chambers (President 202:3) Address.: PO Box 1449 Soap Lake, WA 98851 City/State/ZiD Grant Count y. Grant County Commissioners P,O.. Box 37 Ephrata, WA. 98823 121. Im-Droper 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 seekina, obtajm*n.g,. maintainin, or extending ing this Agreeme nt. 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 emp Ilo yees of the parties shall not have any personal interest, direct or indirect, whichgives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. 15. Survival. The provisions of this Agreement that bvkl their sense and purpose should survive e iration or term-nad Xp ion of the. Agreement . ent shall so surviveThose pro ons i nclu Visi de without limitation Indemnification and d lMaintenan.ce and Audit of Records. 16. Amendment. No amendment ormodification to the Agreement will be effective. without the prior written consent of the authorized representatives o f theparties. 17. Gov 9ming-law-, Venue. The Agreement will be governed in all respects by the laws of Washington Staten. both as to interpretation and performance, without regard t6 conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may beinstituted and maintained only in a court of co mpetent,jurisdiction. in Grant County, Washington or as provided by RC W 36.01-050. Non -Waiver. No failureon the partnoun;ty. to e inof the xercise, and no delay- oxercising, any right hereunder shall operate as a wavier thereof; nor, shall any h single or partial exercise by the County of an' der preclude any other or further exercise thereof or the y right hereun erci erei exercise of any other right. The remedies h I ' "n Prov ided'are cumulative and not exclu of any remedy available to the County at law or inqm e "ty. s.iVe Binding Effect. This Agreement shall be binding upon and inure to the benefit of thep arties hereto and their respective successors. 20. not. as' Msi�mment- The Beneficiary" shall Wt. sign or transfer any of its interests in or obligations; under this .Agreement without the p riot written consent of the County, ,211. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Beneficiary for the use of funds received 1 1. . . �c �. . under this cement and *t s, sede all prior or cont, . i , uper s emporaneous communications. and Proposals, whether -electron'e, oral or written between the parties with respect to this Agreement. 22. No Third, Pat v Beneficiaries.. Nothing herein shall or be deemed to create or confer any right, action, or benefit "in to, or on thepart of any, person,or entity that is not a,party to this. Agreement. This provisio-Ln. shall not limit any obligafion which either Part - has to Treasury Y in connection with the use of ARPA Funds, including the obligation's to provide access to records and cooperate with audits as provided in this Agreement. 23. Severab in the eventhat one or moreprov'-I sions of this, Agreement shall be detenuffied to be *invalid by any ,court Of competent.jurisdiction or agency having j .. un sdiction thereof, the remainder of the Agreement shall remain in full force: and shall be deemed deleted. effect and the invalid provisions Page 4 of 9 24. C9991gmg:fts. This Agreement may be ee x -cuted in one or more counterpatts, any of which, shall be deemed an ofiginal but all of which together shall constitute one and the same instrument. 25. Authon"gation. Each party sigm*ngbelow warrants to the other party, that they have the fall power and authority to execute this Agreement on behalf of the party for whom they sign. IN WITNESS WHER.EOFth Js Agree is executed and shall become effective as of .1 Agreement the last datene si.g d'below. 14cay - f Jul ATEDy 2023. Dthis 0 BENEFICIARY ORGANIZATION: Grant County Fire Distrilct, 7 Auxiliary High Rollers .1 PRIENTED NAmE:.Jane Chambers TIT, E. President SIGNATURE,------�� DATED this day of 12023. U A!ppro,ed as to Fo Rebekah M. kiIyor, WS'BA#. 53527 l - Deputy Prosecuting Attorney 9- S1- Z13 ,d Date Page 5 of 9 ATTACHMENTA INTERAGENCY AGREEMENT BETWEEN THE U.S. DEPARTMENT of TREASURY AND GRANT C1NT CS .J {.,J 1 1 1 Attachment A to be provided on a separate document Page 6 of 9