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HomeMy WebLinkAboutGrant Related - BOCC (008)GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: BOCC REQUEST SUBMITTED BY: Karrie Stockton CONTACT PERSON ATTENDING ROUNDTABLE: Karf le Stockton CONFIDENTIAL INFORMATION: ❑YES C•JNO DATE: 2/14/2024 PHONE:ext- 2937 DATE OF ACTION: -e 'aO •� APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: ®Agreement / Contract F1 Bids /RFPs /Quotes Award DAP Vouchers ❑ Bid Opening Scheduled p ❑A ointment--- pp /Reappointment - ---- -91 ®ABPA Related ❑Computer Related g ❑County Code ❑ Boards / Committees ❑Emergency Purchase ❑ Budget ❑Employee Rel. ❑Facilities Related ❑Financial ❑Funds El Hearing ❑ Invoices / Purchase Orders ® Grants — Fed/State/County ❑ Leases ❑MOA/ MOU El Minutes ❑ Policies ❑Ordinances ❑Out of State Travel ❑Pefity Cash ❑Recommendation ❑ Proclamations ❑Professional Sery/Co nsultant ❑ Request for Purchase ❑Support Letter r-1 Resolution =ax Levies ❑Thank You's ❑Tax Title Property p Y ❑Surplus Req. ❑WSLCB My 711 American Rescue Ptan Act ABPA Benefici ary Agreement between Grant County and Royal Water District in the amount of $580,000. T ' Term Is March 3, 2021 through September 30, 2026. DATE OF ACTION: -e 'aO •� APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: '14-041 INI�L ABPA BENEFICIARY AGREEMENT This ABPA Beneficiary Agreement ("Agreement") is dated as of the 11 tf da of December by and between Grant County, a Washington political subdivision("County"), and the entity Royal Water District (Federal. Tax ID# -LA) 9 �, UEIIF"LtyNmb—TL�g�-Washington State Junior Taxing District —.-,--("BenefYiciary"). 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 "ABPA Funds") under Section 602 (b) and 603(b) of the Social Security Act, as amended by Section 9901 of the American Rescue Plan Act (66A.RP.A Act"), for the limited purposes Identified in the Agreement between. the Treas and, Grant County designated under FAIN # #SLFRP2169 (Agreement), identified as "surCoron e htCoronavirus avirus State and Local Fiscal Recovery Funds Final Rule ("Final Rule"), identified as and the Compliance and Reporting Guidance for State and Local Fiscal W Recover Funds ompliance & Reporting Guidelines"), identified as ........... - - - - - - - - - - - - - - - - ia""are attached hereto and incorporated herein by this reference. WHEREAS, the County desires to allocate portions of the ABPA Funds awarded to Grant County in support of water and sewer projects that will enhance the quality of life for the citizens of Grant County. Notable negative economic impacts by the Beneficiary include the following: The current well serving the Royal Water District has begun to fail and not provide a reliable source of water to the residents. A new will be very costly for the community but the need for clean,. potable water. When the current well runs dry each year, the residents are forced to draw water from a Group B water system nearby. There are complications and risk associated with utilizing that water source and a new well is needed. WHEREAS, the County believes the provision of this service concerning water supply and quality for local citizens is of vital concern and falls under the area of "water, sewer, and broadband" in theSLFRF program, we believe theproject qualifies this project as an eligible use of ABPA Funds as outlined. 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 toprovide 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 he by reference, and the terms and conditions set forth below, theparties agree as follows: Page I of 9 1. Effective Date and Term.. This Agreement shall commence when last executed by all parties and remain in effect until December 3 1 P 2026, unless terminated by the C writing. ounty in 2. ARP,. Funds. The County agrees to provide to the Beneficiary a total dollar sum not to exceed$580,000 on a Reimbursement Paymentbasis 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. Reimbursemepj&u.est u��- •For entities receiving ABPA Funds on a reimbursement basis, to facilitate release of ARPA Rinding to the Beneficiary, the Beneficiary w'11 submit a detailed invoice in a form specified and ap I proved by the County, no more fre�uently than monthly and at minimum on a quarterly basis, detailing the eligible expenses in by the Beneficiary for which Reimbursement is being requested, Each Reimbursement re submitted by the Beneficiary will include a sinquest ged certification by the Beneficiary that such expenses represent eligible expenses incurred by the Beneficiary based on the eligibili criteria outlined in Attachment D ty and that such expenses have not been nor will be reimbursed, under any other government or private entity prograi-n. Such schedule may be modified with the prior approval of the County. Failure to provide any of the required documentation may result . in, termination oft •Agreement and in. the withholding and/ nonpayment of all remaining funds awarded to the Beneficiary by the County under the Agreement. 4. Advance payment Support- For entities receiving ARYA funds as an advance payment, a progress and final, report will be required when the funding has been ex, ended. 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 sign - ed or along with the progress and final report. 5. Ineli ible Uses. Non -allowable uses ofARPA Funds include, without limitation, the following: a) usage of funds to either directly or indirectly offset a reduction in net ax 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. Eachparty tinder 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 a ent, or employer and 9 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 S . 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 fail -Lire to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. with *1 9. Compliance wini Laws., Guictelines. TheBeneficiary shall comply with all federal, state and local laws and all requirements (including debarment and other required certifications' and audits) of Attachments A & B, andCompliance & Reporting Guidelines to the extent applicable, when disbursing ARPA Funds toBeneficiary or when. seek-ing Reimbursement from the County. 10. Maintenance and Audit of Records. The Beneficiary shall maintain records, books, documents, and other materials relevant to itsperformance 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. 11. Notices. Any notice desired or required to begiven hereunder shall, be in writing, and shall 9, be deemed received three (3) days after deposit with the US. Postal Service, postage fully 'd, certified mail, return receipt requested, and addressed to the party arty to which it is intended at its last known address, or to such otherperson or address as either party shall designate to the other from time to time in writing forwarded in •like manner: Beneficiary: Organization* RoyalXVater District Contact Name: A U 00 -- Address: City/State/Zip r7) I A Grant Count 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. onfi.let_QfInterest '. 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, with 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 zn Grant County, Washington or as provided. by CW 36.01,050. 18. Non -Waiver. No failure on the part of theCounty to exere' ise, 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.Bin "in Effect. This Agreement shall be binding, upon and inure to the benefit of the parties hereto and their respective successors, 20. Assigginent. The Beneficiary shall not assign or transfer any of its interests in or obligations under this Agreement without theprior written consent of the County. 21. Entire Mareement, 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 andproposals, whether electronic, oral, or written between the parties with respect to this Agreement. 22. No Third F Beneficiaries. ..gM Beneticiaries. 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 .RPA 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 moreprovisions 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 fall force and effect and the invalid provisions shall be deemed deleted. Page 4 of 9 24. CgLlnte� 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 m shall become effective as of the last date signed below. DATED this day of _25i BENEFICIARY ORGANIZATION: Royal Water District PRINTED NAME: 7, TITLE: SIGNATURE, DATED this or-% -tt-- day of BOARD OF CO Y CO�j MMISSIONERS C UN Y� SHINGTON Cindy Cart r, Chair Danny/ Stone, Vice -Chair Rob ones, Member T T: Barbara J. rl, 4cql quer, e of the Board Date Ap rov�pd as t rm* C, 24&Z Rebekah T(4. as - y10 , WSBA#V: 53527 Deputy Prosecuting Attorney Page 5 of 9 ATTACHMENT A INTERAGENCY AGREEMENT BETWEEN THE U.S. DEPARTMENT OF TREASURY AND GRANT COUNTY Attachment A. to be providedseparate document U.S. DEPARTMENT OF TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINAL RULE EFFECTIVE 4-1-2022 h!iP-,S-://home--treasuly.gcov/system/files/136/SLFRF-Final-Rtile. d -f Page 7 of 9 A 'TACHMENT C U.S. DEPARTMENT OF TREASURY COMPLIANCE AND REPORTING GUIDANCE FOR CORONAVIRUS STATE A LOCAL FISCAL RECOVERY FUNDS DATED 9-20-22 Version 5.0 Mips.-HI.-lome.treas gov/system/files/l 3 6/SLFRF -CqWlia,,,ce-gnt-RQg, �tin 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 $ 580,000 of ARPA Funds in support of this entity's work to provide a new, sufficient -water well for the citizens of Royal Water District. This project falls under Statutory Eligible Use Type: 4. to make necessary investments in water, sewer, or broadband infrastructure in Expenditure Category: 5.18 Water and Sewer: Other Expenses under this grant must meet the eligibility criteria outlined below: I EligibleCosts - Any costs associated with the creation and/or implementation of this entity's Plan to provide a new well to provide potable water for the current and future citizens of the Royal Water District. 2, Pro grain Funding and Award Amount The County shall make $580,000.00 ofAR-PA 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 A.P. 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 supportin docug mentation 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 Beneficiarybased •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 min* imum on a quarterlbasis. This wiy ll 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 require. qu 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 narrativebudget to accompany the progress and final report. Page 9 of 9 ril A JLNIZ2-1.06 lipp 0 OMB Approved No. 1505-0271 R Expiration Date: 11/30/2021 MAY 10 20')2 U.S. DEPARTMENT OF TBE TREAS Rt A. COR Co ONAVIRUS STATE AND LOCAL FISCAL RECO RY FUNDS 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 re Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund, recipients from the Recipients hereby agrees, as a condition to receiving such PaYment from Treasury, agrees to the terms attached hereto. Recipient: Cindy Carter., Vice -Chair Rob Jones, Chair VV, I Authorized Representative Signature (above) Authorized Representative Name: Danny E Stone, BOCC Chair Authorized Representative Title: Chair Date Signed: U.S. Department of the Treasury: Authorized. Representative Signature (above) Authorized Representative Name: Jacob Leibenhift Authorized Representative Title: Date Signed: Chief Recovery Officer, Office of Recovery Programs June 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 IS 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., N.W., 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 infonnatio unless it p displays a valid control number assigned by OMB. ndis I R E C D I UNTY CO ! _JS v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Appendix X11 to Part 200 is hereby incorporated by reference. Part 200' vi. Govemmmentwide 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. . implementing regulations. § § 46014 655} and 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 C.F.R. Part 22, which prohibit discrimination on the basis of race color, or national• p nting regulations at 31. activities receiving federal financial assistance; origin under programs or ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), discrimination in housing on the basis of race co § § q )' which prohibits . • 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' basis of disability under any program or activity receivingfederal financial assistance; p on the nee; 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 ) �' plementing . p ibit discrimination, on the basis of age in programs or activities receiving federal financial assistance; and v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 121.01 et se • discrimination on the basis of disabilityunderprograms,' ' § q )' which prohibits , . activities, 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 ' Treasury's implementing regulations, guidance, or any reporting or other program requirements, applicable laws, conditions on the receipt of a subsequent tranche of future award fun ' p q ments, Treasury may impose additional if any, or tape 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 regardingthe use of funds ' shall be subject to recoupment as provided in. sections 602(e) and 603 e of the Act. � Previous payments 11. Hatch .Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act5 U.S.C. 7324-7328), which limit certain political activities of State or 1 ( §§ 1 501-1508 and local government employees whose principal ernployiuent 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`t federal law and may result in criminal, civil, or administrative sanctions,�- h this award is a violation of including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by laver. 13: Publications. Any publications produced with funds from this award must display the followinglanguage: " This protect [is being]. [was] supported, in whole or in part, by federal award number [enter project FAIN by the U.S. Department of the Treasury." ] awarded to Grant County, Washington 14. Debts Owed the Federal Government. a. Any fluids paid to Recipient (1) in excess of the amount to which Recipient is finallydetermined to b • under the terms of this award; (2) that are determined b the Treasury Office e authorized to retavri. Y ry 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 Act and have not been repaid by Recipient shall constitute a debt to the (e) and 603 (e) of the h federal government. b. Any debts determined to be owed the federal government must be paid promptly b Recipient. A not been paid by the date specified in Treasury's initial. written demand for payment, p y Y p debt is delinquent if Zt has unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as def e ' Treasury will take any actions available to it to collect such a debt. '� d 7n. paragraph l4(a). OMB Approved No. 1545-0271 Expiration Date: 1.1/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMINTS 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 Gran (hereinafter referred to as "the Recipient") provides the assurances stated herein. t County, Washington federal grants, loans and contracts to provide assistance The federal financial assistance may include p sstance to the recipient's beneficiaries, the use or rent of Federal land or ro e rty at below market value, Federal training, a loan of Federal personnel, subsidies and other arras e e p p providing assistance. Federal financial assistance does not encom ass contrac � g•'� nts with the intention of p is of guarantee or assurance, regulated programs, licenses, procurement contracts by the Federal government at market value, orro ams that provide assurance applies to all federal financial assistance from or funds made available p � p de direct benefits. This including any assistance that the Recipienty quest may re in the futurethrough the Department of the Treasury, . The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all o ' ' services and activities, so long as any portion of the recipient's program(s) rams p Y f the recipient s programs, P p g () a.s federally assisted in the manner proscribed above. 1. Recipient ensures its current and future -compliance with Title VI of the Civil Ri fits Act of 1964 prohibits exclusion from participation, denial of the benefits of 'ox subjection t g � as amended, which activities receiving federal funds, of an . in the United � � ° discrimination under programs and Y personnited 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 other pertinent executive orders such as Executive Order 13166• directives; circulars; policies; CFR part 22 and documents. Tes; memoranda and/or guidance 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons w' ' Proficiency," seeks to improve access to federally assisted programs and activitiesith Limited English P �' for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access services, and activities because of LEP is a form of national origin discrimination Y g ' �o its programs, Rights Act of 1964 and the Department of the Treasury's g prohibited under Title VZ of the Civil . ry s Tinplementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEPerso ' access to its programs, services, and activities. Recipient understands and a have meaningful providing language assistance services including oral interpretation and agrees p ns s that meaningful access may entail 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 LEPersons during As a p g development of applicable budgets and when conducting programs, services and activities. resource the Department of the Treasury has published its LEP guidance at 70 FR. 6067. For more information on LEP, please visit h ://�.le , ov, 4. Recipient acknowledges and agrees that compliance with this ass ' • • federal financial assistance and is bindingupon Recipient a assurance constitutes a condition of continued receipt of p p 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 subcontract transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the subcontractors, successors, g contract or agreement subject to Title VI and its regulations between � following language in every � the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractoY, successor, transferee, and assignee shall comply ' Civil Rights Act o, f 1964, which prohibits recipients o ede�al inancz � p Y with Title VI of the or activi denying bene t ff , .�`�, al assistance, f�•arn excluding, fno�n a p�•og�am tY, y g' fa s of, or otherwise discriminating against a person on the basis o race color, or national origin (42 U.S.C. § 2000d et seq.), as implemented b `f ' ' ' re lations p y the Department of the Treasury s Title �l gu , 31 CFR Part 22, which are herein incorporated by reference and made artothisa contract agreement). Title VI also includes protection topersons with "Li �' act (or p mated English Proficiency" in any program or activity receiving federal f'nancial assistance, 42 U.S.C. § 2000d et seq., as implemented y reference and made a part ofthis this by e thDe Treasury's Title VI regulations, 31 GFR Part 22, and herein incorporated b e Department othe f contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved ' Financial assistance by the Department of the Treasury,this assurance p p with the aid of federal 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 u financial assistance is extended or for another purpose involvingthe purpose for which the federal provision of similar services or benefits. If any