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HomeMy WebLinkAboutAgreements/Contracts - BOCC (013)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:D Stone CONTACT PERSON ATTENDING ROUNDTABLE. D Stone CONFIDENTIAL INFORMATION: EIYES ©NO DATE: 02/1 3/2024 PHONE: 2901 4-0 ----------- American Rescue Plan Act (ARIPA) Beneficiary Agreement with Grant County Public Hospital District No. 1 dba Samaritan Healthcare to receiving funding in the amount of $2,000,000.00. Term is March 3, 2021 - September 30, 2026. DATE OF ACTION: 1r?--- ;Lb - � 4 APPROVE: DENIED ABSTAIN -M D1: D2: D3: DEFERRED OR CONTINUED TO: WAgreement I Contract EIAP Vouchers ElAppointment / Reappointment FlARPA Related El Bids / RFPs / Quotes Award E]Bid Opening Scheduled E]Boards / Committees E]Budget OComputer Related OCounty Code ElEmergency Purchase ElEmployee Rel. F Facilities Related F Financial El Funds 01-learing El Invoices / Purchase Orders El Grants — Fed/State/County FLeases EMOA /MOU EMinutes EOrdinances El Out of State Travel E Petty Cash L1 Policies ❑ Proclamations El Request for Purchase L1 Resolution El Recommendation El Professional Serv/Consultant ElSupport Letter E]Surplus Req. F]Tax Levies ElThank You's L]Tax Title Property LIWSLCB 4-0 ----------- American Rescue Plan Act (ARIPA) Beneficiary Agreement with Grant County Public Hospital District No. 1 dba Samaritan Healthcare to receiving funding in the amount of $2,000,000.00. Term is March 3, 2021 - September 30, 2026. DATE OF ACTION: 1r?--- ;Lb - � 4 APPROVE: DENIED ABSTAIN -M D1: D2: D3: DEFERRED OR CONTINUED TO: I ABPA BENEFICIARY AGREEMENT This ABPA Beneficiary Agreement ("Agreement") is dated as of the 7th day of June , 20239 by and between Grant County, a Washington political subdivision ("County"), and the entity Grant County Public Hospital District 1 dba Samaritan Healthcare (Federal Tax ID#91-6001698 � UE1# F8XSH3TBCJ33 a Washington State public hospital district ("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 Treasu and Grant, County designated under FAIN # #SLFRP2169 (Agreement), identified as r W _r "7' the Corona -virus State -and Local Fiscal Recovery Funds Final Rule ("Final Rule"), identified as and the Compliance and Reporting Guidance for State and Local Fiscal Rek ,covFunds "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-1 9 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 COVID-11 9 pandemic and the healthcare system of our county was shown lacking and needed updating, Residents of Grant County who are low-income and persons of color have been impacted especially hard. The current Samaritan Hospital was inadequate for the treatment of infectious, communicable diseases because there were not adequate negative pressure rooms to alleviate spread of ----------- --- disease during the COVID-1 9 pandemic. Statutory Eligible Use Type is 1. To respond to the COVID-1 9 public health emergency or its negative economic impacts under the Subcategory: Public Health 1. COVID-1 9 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 create quality ventilation systems in a new Samaritan facility including negative pressure rooms for the treatment of patients with communicable diseases and because in the U.S. Treasury's - -------------- - ------- ­___ SLFRF Final Rule FAQ (treasury.gov) question 1.3's answer says, "A recipient can also provide funds to an entity that is special-purpose government for the purpose of directly benefiting the entity as a result of the entity experiencing a public health impact or negative economic impact of the pandemic." qualifies this project as an eligible use of ARPA Funds as outlinedpreviously. WHEREAS, the County and Beneficiary desire to enter into this Agreement so that the County may advance ABPA 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 2,000,000.00 on aReimbursement Payment basis -for eligible costs 0 incurred during the period of March 3, 2021, through September 30, 2026 based on eligibility criteria outlined in Attachment I) Scope of Work. 3. Reimbursement Request Su ort. 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 -ogyment Su ort. 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 toprovide 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, indene-u'fy 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 omi'ss'ion 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 ABPA. 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, perform*a'nce 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. payme*nts 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 like manner: Beneficiary: Organization: Grant County Public Hospital Dist I dba Samaritan Healthcare Contact Name: Theresa Sullivan, CEO Address: 801 E. Wheeler Road City/State/Zi2 Moses Lake, WA 98837 P - —I Grant Counter Grant County Commissioners P.O. Box 37 Ephrata, WA 98823 12. Ip1proper 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 24. Counterparts. This Agreement may be executed in one or more counterparts, ahv 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 W11NES S VMEREOF, this Agreement is executedand' shall 'become - effective as of the last �date signed below. DATED this day of a L 2023. QVUJYL ----- ------- - BENEFICIARY ORGANIZATION: 1,antCounty Public Hospital District No 1 dba Sam a*ritan Healthcare PRINTED NAME: Theresa" Sullivan TITLE: Chief Executive Officer' DATED this day of BOARD OF COUNTY COM ISSIONERS G 7.TXNTY,W SHI TON Cindy Carter,Chair Danny Stone, Vice -Chair ---- - ------ R o U J. Qr4 ,Member T T : �L'I' t lot, der k&f 6f the Board Datc- arbara J. �As'quez, A d t -.6 Rebekah M.<aoylor, WSBA#: 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 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 htt-osl-&/Iliome.t,reasut-v.!,vov/systenl-/files/136/SLFFX-4-Final-Rule.-odf 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 tt s:Ilho e. reasuDLgovf ste nliesl . IS ,FRF -COQ Bance -ani. -Re Orin -G idanee. oa f Page 8 of 9 ATTACHMENT D The Board of Commissioners is directing to provide the Beneficiary a total dollar amount not to exceed$ 2,000,000.00 of ARPA Funds in support of samaritanHealthcarefs plans to install a quality HVAC system including the creation of negative pressure treatment rooms in their new medical center facility, Expenses under this grant must meet the eligibility criteria outlined below: 1. EligibleCoStS Any costs associated with the capital project of installing a heating, ventilation, and air conditioning system (HVAC) in Samaritan Healthcare's soon to be constructed medical center located in Moses Lake, Washington. This project is an eligible use of ARPA funding under Use Type: 1. To respond to the COVID-19 public health emergency or its negative economic impacts 1. Subcategory: Public Health a. COVID-I 9 mitigation and prevention — capital investment in public facilities tomeet pandemic operational needs, such as adaptations to public buildings to implement COVID-1 9 mitigation tactics; Medical facilities generally dedicated to COVID-1 9 treatment and mitigation (e.g., ICUs, emergency rooms); and ventilation system installation and improvement 2. Program Funding and Award Amount The County shall make $ 2,000,000.00 of ARPA funds available under Attachment A that will be paid to the Beneficiary on aReimbursement 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 will be reimbursed under any other government or private entity program.. The Beneficia nor wi tY -1 1 ry may only submit one request for reimbursement per month and at minimum on aquarterly 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 r% -z2-106 PRO D OMB Approved No. 1505-0271 AP .-Vyj Expiration Date-, 11/30/2021 MAS' 10 2 r o?2 U.S. DEPARTMENT OF THE TREAS CORONAVIRUS STATE AND LOCAL FISCAL RECO ERaY FUNDSIL 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 paymeliLts 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 terms attached hereto. Recipient: Cindy Carter, Vice -Chair Rob Jones, Chair Authorized Representative Signature (above) Authorized Representative Name-, Authorized Representative Title. - Date Signed: U.S. Department of the Treasury: Danny E Stone, BOCC Chair Chair - --------- A Plim Authorized Representative Signature (above) Authorized Representative Name: Authorized Representative Title: Date Signed: PAPERWORK REDUCTION ACT NOTICE Jacob Leibei-Auft Chief Recovery Officer, Office of Recovery Programs June 1, 2021 The information collected will be used for the U.S. Govemment 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., 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 collec o of i o a on nle s it splay a valid control number assigned by OMB. ti ­­ n. - nf rm ti u s displays GRANT 00 k924 '101VIERS 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. 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 g g p grams 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 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 II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under provided or made available programs, activities, and services p le 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, Treasury'simplementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award fiords, 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 subj ect 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. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employ m, ent 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: "This project is being]. [was] supported, in whole or in part, by federal award number enter project FAIN awarded p j by the U.S. Department of the Treasury." C P j ] w riled to Grant County, Washington 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 } p federal government. b. Any debts determined to be owed the federal government must be paid promptly b Recipient. A debt is delinquent ' P Y p quent 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 in paragraph g p graph 14(a). Treasury will take any actions available to it to collect such a debt. OMB Approved No. 15050271 Expiration Date: 1.1/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS 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 personnelarrangements , subsidies, and other arran 'With t p p g w he intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulatedprograms licenses, procurement contracts by the Federal government at market value, or programs that provide direct e , . p �' p 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 future. 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 marine p Y r 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 rlgln (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 13166; 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 p 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 meaning ful Y access to its programs, services, and activities. Recipient understands and agrees that meaningful access ma 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 bud ets and when conducting programs, services and activities, g g p g a As a resource, the Department of the Treasury has published its LEP giddance at 70 FR 6067. For more information on LEP, please visit htto://www.lep.gov. 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's assignees for the successors, transferees and assi e p 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 eve ry contract or agreement subject to Title VI and its regulations between the Recipient and the gr Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractaY, successor, transferee, and assignee shall comply with Title VI o the Civil Rights Act of 1964, which prohibits recipients o ederal inanci t f p ff f ` a assistancefrom 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 V7 regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract or agreement). Title VT also includes protection toersons with "Limited p English Proficiency in any program or activity receiving federal, f nanczal assistance, 42 U.S. C. § 2000d et seq., as implemented by the Department o the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated f p 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 quent 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