HomeMy WebLinkAboutAgreements/Contracts - BOCC (003)K23-212
ARPA BENEFICIARY AGREEMENT
This ARPA Ben.e'ficiary Agreement ("Agreement") is dated as of the 24th day of May _, 2023,
by and between Grant County, a Washington political subdivision ("County"), and the entity
Wellness Place
(Federal Tax ID#91-1891688 UEI #_0e&2_'50 7 09 M), a Washington State
tax exempt public charitable organization ("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") tinder
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 (Agreernent), identified as
tacilen,the Coronavirus State and Local Fiscal Recovery Funds Final Rule ("'Final Rule"),
'
identified as Attacirraet B, and the Compliance and Reporting Guidance for State and Local Fiscal
Recovery 'Funds (`,..`Compliance & Reporting Guidelines"), identified as Attach�r�ent C.
A:tachxnez A?
..
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 replacing lost'revenue for the class of local non-profit organizations serving our various under -served populations
and other segments of our population.
Notable negative economic impacts by the Beneficiary include the following:
Lost revenue from curtailed operations. Non-profit organizations serve some of the most heavily impacted groups during the pandemic.
The negative physical and -social impacts of COVID-19 kept 'these organizations from being able to raise funds and provide services as
they normally would. These entities need an infusion of funding to restore their services to the impacted populations they serve.
WHEREAS, the County believes the provision of services by local non-profit organizations to our citizens
benefit a wide array of socio-economic groups. Assisting those organizations with revenue replacement is vital to the continued
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 County and Beneficiary desire to enter into this Agreenient 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:
APPROVED
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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. $ 10,000-00 on a Advance Payment basis fol- 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 ARPA Funds on. a reimbursement
basis, to facilitate release of ARPA 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. In -eligible Uses. Non--al.l.owable 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) contributiops to a. "rainy day" fuild; g)'Iegal 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.
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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 tenninati.on 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 disbursi.n.g ARPA Funds to Beneficiary or when seeking Reimbursement
from the County.
1.0. Maintenance and Audit of Records. The Beneficiary shall maintain. records., boolcs,
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 (S) 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.
11. 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. life manner:
Beneficiary: Organi.zation.: Wellness Place �-
.
Contact Name: �Nk<4 �^
Address: ►
City/State/ZipU W -A
%.Or I
Grant Countyl. 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.
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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, Surviva.l..'The provisions of this Agreei-neiit 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 Agreeme n*t 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 i -nay be instituted and maintained only in. a court of corn-petent jurisdiction ill
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 deters-nined
to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the
remainder of the Agreement shall remain- in ftill force and effect and the invalid provisions
shall be deemed deleted.
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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 day of A LLn 2023.
1-j
BENEFICIARY ORGANIZATION: Wellness Place
PRINTED NAME: f TITLE: re AS.
SIGNATURE:
DATED this day of
- l---
2023.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, ASHINGTON
Rob Jo `= -S, (W -a
'j
Cindy Caitel, Vice Chair
v
Danny E St -e, Member
TEST
Barb ra J. Vasque/,Verk /the Board Date
d
Appro,vied s t F
Rebekah M. Ka or, WSBA#: 53527
Deputy Prosecuting Attorney
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ATTACHMENT A
INTERAGENCY AGREEMENT BETWEEN
THE U.S. DEPARTMENT OF TREASURY AND
GRANT COUNTY
Attachment A to be provIded on a separate document
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ATTACHMENT B
U.S. DEPARTMENT OF TREASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
FINAL RULE
EFFECTIVE 4-1-2022
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ATTACHMENT C
7
U.S. DEPARTMENT OF TREASURY
COMPLIANCE AND REPORTING GUIDANCE FOR CORONAVIRUS STATE AND
LOCAL FISCAL RECOVERY FUNDS
DATED 9-20-22
Version 5.0
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ATTACHMENT D
SCOPE OF WORK
The Board of Commissioners is directing to provide the Beneficiary a total dollar amount not to
exceed $ 10,000-00 of ARPA Funds in support of the class of recipients known as non-profit
organizations. These organizations qualify under ARPA expenditure category 2 -Negative Economic Impacts and under subcategory
2.34 -Assistance to Impacted Nonprofit Organizations.
Expenses under this grant must meet the eligibility criteria outlined below:
L. Eligible Costs Any costs associated with the nonprofit's mission to meet the needs of their community members. These
could include dealing with decreased. revenue, financial insecurity, increased costs, the capacity to weather financial hardship,
challenges covering payroll, rent or mortgage, and other operating costs (OFR pg 23). Funds from this grant will be used
specifically to fund this entity's services to citizens of Grant County, WA.
2. Program Funding and Award Amount
The County shall mare $ 10,000.00
be paid to the Beneficiary on a Advance Payment
of ARPA funds available under Attachment A that will.
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 beneficiaryis designated as being within. an. eli ible class for rant allocation. A
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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.
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K22-1.06
P P R 0 V1
OMB Approved No. 1505-0271 1 Ed
Expiration Date: 11/30/2021 SAY 0 2 0 2) 2
U.S. DEPARTMENT OF THE TREASUR'-
CORONAVIRUS STATE AND LOCAL FISCAL RECO RYFUNDS
V
Recipient name and address: 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 the
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 ten -as attached hereto.
Recipient:
Author' Author' Representative Signature (above)
Authorized Representative Name:
Authorized Representative Title:
Date Signed: lj� e.
U.S. Department of the Treasury:
. . . . . . . . . .
Authorized Representative Signature (above)
Authorized Representative -Name:
Authorized Representative Title:
Date Signed:
Danny E Stone, BOCC Chair
Chair
I 4A'
Jacob Leibentaft
Chief Recovery Officer, Office of Recovery Programs
Juno 1, 2021
PAPERWORK REDUCTION ACT NOTICE
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 biuden 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.
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U.S. DEPARTM14ENT OF THE TRE-ASURY
CORONAVIRUS STATE FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS '
1. Use of Funds.
a. Recipient -understands and agrees that the funds disbursed under tl-ds 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 thai 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. Period of Performance, The period of performance for this award begins on the date hereof and ends on December 3 1; 2026, As
set forth in Treasury's. ' implementing regulations, Recipient may use award funds to cover eligible costs incurred
IMP ib during the period
that begins on March 3, 2021 and ends on December 31, 2024.
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) acid
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 Governi-nent 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.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds hav6 been expended or returned to
Treasury, whichever is later.
a
5, Pre -award Costs. Pre -award costs, as defined'1 n 2 C.F.R.. § 200.458, may not be paid with funding from this aw rd,
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.
8Xonflicts 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 activity funded under this 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 Relations.
a. Recipient agrees to comply with the requirements of sections 602 and 603, of the Act, regulations adopted by Treasury
pursuant to sections 602(f) and 603 (f) of.the Act, and 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 fi-i Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.!
iii. Reporting S-abaward and Executive Compensation Information, 2 C,F.R, Part 170, pursuant to which the award terra
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 (Nonprocurement), 2 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 2C.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 CER, Part 19. '
v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C,F.R. Part 200,
Appendix XII to Part 200 is hereby incorporated by reference,
vi. Govemmentwide, 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,
c. 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 1968 (42 U.S.C. § § 3601 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 discrimin
basis of disability under any program or activity receiving federal financial assistance; imination on the
iv, The Age Discrimination Act of 1975, as amended (42 U, S,C. §§ 6 101 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. § § 12 101 et seq.), Which prohibits
discrimination on the basis of disability under program ' S, activities, and services provided or made available by state,
and local governments or instrumentalities or agencies thereto.
10, Remedial Actions.. Jh the event of Recipient's noncompliance with sections 602 and 603 of the Act, other applicable laws,
Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional
conditions on the receipt of a subsequent tranche of futuie -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, previouspayments
shall be subject to recoupment as provided in sections 602(c) and 603(e) of the Act,
11, Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. H 1501-1508 and
73247328), which limit certain political activities of State or local government employees whose principal employment is in
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-, "Thisproject [is
being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded 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 f 6deral government.
b. . An Y debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it 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 inparagraph 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 any 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. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee
in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant-, a gross waste of federal funds, an abuse of
authority relating to a 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. Increasinv 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,
1.8, 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 while driving, and
Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
OM3 Approved No. 1505-0271
Expiration Date: 11/30/2021
ASSURANCE OF COMPLLAINCE WITH CML RIGHTS REQUIREAUNTS
ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
Asa condition of receipt of federal. financial assistance from the Department. of the Treasuq, 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 or property
at below market value, Federal training, a loan of Federal personnel subsidies and other arrangements with the, intention of
providing assistance, Federal financial assistance does not encompass contracts of guarantee or insurance, regulated prograins,
licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. This
assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury,
including any assistance that the Recipient may request in the fugue.
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 federally assisted in the manner proscribed 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 Pall 22 and
other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or idance
doew-nents.
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,
Sol -vices, and activities because of LEP is a form of national origin discriminationprohibited tinder 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
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 http://ww-w.1ep.Prnv,
4. Recipient aelmowledges and agrees that compliance with this assurance constitutes a condition of continued' of
federal financial assistance and is binding upon Recipient and Recipient's successors, transferees and assignees for the
period in 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 every
contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees
contractors, subcontractors, successors, transferees, and assignees:
The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title V1 of the
Civil Rights Act of 1964, which prohibits recipients offederalfinancial assistancefrorn excludingfirom 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 V1
regulations, 31 CFR Part 22., which are herein incorporated by reference and made apart of this contract or
agreement), Title PY also includes protection topersons with "'Limited 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
Treasury's Title V1 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 unproved 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
transfer, the transferee, for the period during which the real property or Structure is used for a purpose for which the 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 rance obligates the Recipient for the period during which it retains ownership or
possession of the property;
.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 shall Recipient ient
on-site compliance reviews, and reporting requirements, p 11 comply with information requests,
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrLmmation on
the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of
1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings'based on the,
complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if
Recipient has received no complaints under Title VL
9. Recipient must provide documentation of an administrative agency's or court's, findings Of non-cornPliance of Title VI . and
efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and
the adInnillistrative agency that made the finding, If the, Recipient settles a case. or thatter alleging such discrimination, the
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.
10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that
sub -recipients also comply with Title"�q and other applicable authorities covered in this document State agencies that niak-e
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 seek 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 tale 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 complete, and
that the Recipient is 1vt compliance with the aforementioned nondiscrimination requirements.
Re Date
Signaffi, re �of Au&th=rized Offic"iial:"
,Daflrr�rE o n
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