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HomeMy WebLinkAboutAgreements/Contracts - BOCC (004)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 BYKarrie Stockton. DATE:2/23/2024 PHONE:ext. 2937 CONTACT PERSON ATTENDING ROUNDTABLE: KBrfl@ Stockton CONFIDENTIAL INFORMATION: DYES C7N0 HERE am Booms= ❑Agreement / Contract El Bids /RFPs /Quotes Award ----- ❑AP Vouchers------ ❑ Bid Opening Scheduled p DAointm pp ent /Reappointment A A w ®ARPA Related ❑ Computer Related g ❑ County Code El / Committees ❑ Emergency Purchase ❑Budget ❑Employee Rel. ❑Facilities Related'❑Financial � ❑Funds 1:1 Hearing ❑ Invoices / Purchase Orders ® Grants — Fed/State/County ❑ Leases ❑MOA / MOU El Minutes ❑ Policies ❑Ordinances ❑Out of State Travel El Petty Cash El Recommendation ❑ Proclamations ❑Professional Sery/Consultant ❑ Request for Purchase ❑Support Letter ❑Resolution ❑Tax Levies ❑Thank You's ❑Tax Title Property p Y ❑Surplus Req. ❑WSLCB American Rescue Plan Act (ARPA} Beneficia A reement rY G ' g with rant County Fire District 6, in the amount of $100,000. Term is March 3, 2021 to September 30, 2026. DATE OF ACTION: ��AZ APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: K24-061 ARPA ]BENEFICIARY AGREEMENT This ARPA Beneficiary Agreement ("Agreement") is dated as of the 4th. dav of may 2023 by and between Grant County, a Washington political subdivision (TO"' U-nty" Grantcounty Fire District #6 and the entity,__. (Federal Tax 1D# 91-1646699 UEJ # VGL5JlJ8BJCS .11 a Washington State Junior Taxing Distn*ct ----- - ("Beneficiary"). WHEREAS, the U.S. Department of the Treasury ("Treasur3e) has allocated to the County $18,983,490.00 of federal stimulus ftmdl*ng from. the Coronavi-rus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Funds under CFDA No, 21,027(4"ARPA Funds") under Section 602 (b) and 603(b) of Social Security Act, as amended by Section 9901 of the Atne "can Rescue Plan Act ("ARPA Act"), for the I 'united purposes 'identified *in the Agreement betwe ri Tr as en the it y and, Grant County designated under FAIN # #SLFRP2169 (Agreement), identified as the �orona, the Coronavirus State and Local Fiscal Recovery Funds Final Rule Final Rule"), identified as and the Compliance and Reporting Guidance for State and Local Fiscal Recove Funds "Co mpl* lance & Reporting Guidelines") identifle d as a. attached hereto and incorporated here'. by this reference',' WHEREAS, the County desires to allocate portions ofthe ARPA Funds awarded to Grant County ill Support of the provision of fire and public safety services Notable negative economic impacts by the Beneficiary include the following: The COVID-1 9 pandemic provided experientially and through exposing potential shortcomings in services In Orries ofpandemics and states of emergency, that emergency services such as fire districts lacked capacity and certain services fbr fulfilling the needs of the . public. ARRA funds will be used for training and equipment to 4­A�— m1b9ato for these potential situations as they occur. . .... ......... - ---------- WHEREAS, the County believes the provision of Police, fire, and other p blic SeNty services (including purchase of fire trucks and Police vehicles) qualifies this project as an eligible use of ARPA Funds as outlined previously. WHEREAS, the County and Beneficiary desire to enter into this Agreement so that the County may advance ARPA Funds via a direct economic support grant to rovide the Beneficiary with f%fi0 Suffcient resources to proceed as allowed -under the Attachments A & BO NOW5 THEREFORE k s"deration of the foregoing recitals which are inco�porated herein by � in con i, reference, and the terms and conditions set forth below, the parties agree as follows: Page I of 9 1. :effectiveDate and. Term. This Agreement shall commence when last executed by all parties and remain 'in effect until Decein-ber .. 3 1 ,'2026, unless terminated by the County writing. in 2.A Funds. The Count� agrees toprovide to the Benefl exceed $ 100,000 on a Reimbursement Payment ciary a total dollar sum not to basis for eligible costs incurred during the period of March 3, 2021, throu -- gh September 30, 2026 based on eligibility crit "a outlined in Attachm D Scope of'' ork. criteria ent 3. Reimbursement RfestS . Mport. 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 ininn'num, on a quarterly basis, detail* the eligible expenses incurred by M9 the 13oneficiary.for which Reimbursement Is bem*g requested. Each Re*mbursement request submitted b I y the Beneficiary mill include a signed certification by the Beneficiary that such expenses represent eligible expenses incurred by the Beneficiary based onthe eligibility criteria outlined M* Attachment D and. that such expenses have not been nor will be .reimbursed under any other government or pn'vate entity program ule m v be Such sched modified Nvith the pn*or approval of the County. Failure to provide any of the required documentation may result in termmation of the Agreement and in thewi-thholding and/or nonpayment of all reinam*ing fundg awarded to the Deneficiary by the County under the Agreement. 4. Advance a entSUDDort. For entities receivinARPA, fhnds as an advance payment, a 9 progress and final report will be required when the funding has been expended. At the .discretion of the BOCC, all entities in this category maybe required to provide a narrative budget either at the time this " agree lissig n ent " nod or along with the progress and final report. 5. Incl jgijb1e_.,LJses-. Non -allowable uses of ARPA Funds include, without limitation, the following: a) usage of funds to either directly or in offset a reduction in net tax revenue resulting from a change in law, regulation or administrative intetpretation duri the covered period that reduces any tax or delays the * osition of ally ring imp 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 federalprogram; e) debt sere costs, f) contributions to a ``rainy da3e' fund,- g) legal settlements and h) any and all other ineligible uses listed in the Final Rule. 6. 'Tern giinati -._on. The County may terminate this Agreement, for convenience or otherwise and for no consideration or damages, upon prior notice to the Beneficiary. 7. in-de-Dendent -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 cipal IP pnn 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 theCounty for any purpose. Page 2 of 9 8. Indemnification. The Beneficiary agrees to defend, indemnify and hold the County, its officers, officials, emPIOYM, agents and volunteers harmless from and against any and all claims, wit hout I.mitatio injuries, damages., losses or expenses includ"ng n personal in" jury, bodily injury, sickness, disease, or death., or damage to or destruction ctionof property, which are alleged or proven to be caused in whole or m- patt by an act Or omission of the Beneficiary, its officers, directors, employees, and/or agents relatin th perfoiniance or failure to Perform under this Agreement. •The 9 to . e iieneficiary"s section shall sur * expiration or terminatfbn of this Agreement, rvive the 9. Compliance with Lars I.Q•uidelines. The Beneficiary shall comply with all federal, state and local laws and all requirements (including debarment and other required certificat• ions and audits) of Attachments A & B, and Compliance & Reporting Guidelines to the extent applicable, when disbursing ARPA Funds to Denefie, lary or when seeking Reimbursement from the County. Maintenance and A rVe udit ------ of RecuLds. The Beneficiary shall maintain records, books, docents, and other m , aten*a1s__ relevant to itsperforma records shall nee under this Agree ment. These 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 I after all funds have been exended or returned. If it is determined dun*ng 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. i . notices, Any notice desired or required to be. given hereunder shall be in Ming, and shall be deerned received three (3) days. after deposit with the U.S. Postal S ce, postage, fully ervl prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last khown 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: RMD�164M-', Organization: Grant County Fire 01strict 46 Contact Name: Chlef Darryl Dormaier Address,- 935 Willard St. Cily/State/Zlp H Mi grant CQLMAL Grant C0VMtY Comn-jissioners P.O. Box 37 Ephrata, WA 98823 12. roperjn-fluen - lea . Each party warrants that it did not and will not employ, ret• ain. ., or contract with any person or entity on a. contingent compensation •basis for the purpose of seekin2, obtai " , maintaining, or %.", =9 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, maintai - Mng, or extending this Agreement, Page 3 of 9 13. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal M-terest, direct or M'direct, which gives rise to aconflict of •interest. 14. ligrae. Time is of the essence in this Agreement. 15# Survival. The provisions of this Agreement that by their sense and putpose 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. Goveming 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 flicts of law or choice of law provisions. Any action arising out of or in connection sing on with the Agreement may be instituted and maintained only in a court of competent jurisdictio - Grant County, Washington or as provided by RCW 36.01.050. n in 18, Non -Waiver. No failure on theart of the County to exercise P , and no delay m' exercising, any right hereunder shall operate as a wavier thereof; nor shall any single or partial exercise by the County of any fight hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein *ded are cumulative and not exelusive of any remed available to the Co prov, y bounty at law or m equitY. 19.Bind "mg. Effect. This Agreement shall be binding upon and inure to the benefit of theparties I here and their respective successors. 20. As,siaMetit- The Beneficiary shall not assign or transfer any of its interests or obligations under this Agreement without the prior written consent of the County.. 21. Entire A. Bement. 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 0 prior or contemporaneous communications andprqpos'als., whether electronic, oral, or WrItten between the parties with respect to this Agreement., 22. �Lo..Third Parly'i '1 0 Id -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 provisi on shall not limit any obligation which either Party has to Treasury 0 in connection with the use of ARPA Funds, including the obligations to provide access to records and cooperate with audits as provided in this Apareement. 23. Severability, In the event that, one or more provisions of this Agreement shall be determined to be invalid by any court of competent 'Uri9diction or agency Navini g junsaiction thereof, the remainder of the Agreement shall remain in full force and effect and the invalidprovisions shall be deemed deleted. Page 4 of 9 24. CounkWarts. 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. 25t Authorization. Each varty signing below warrants to the other party, that they have the U1 power and authon'ty to execute this Agreement on behalf of other for who they sign. IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date siped below. DATED this day of -- - ------- 52023 -- ]BENEFICIARY ORGANIZATION, Grant county Fire District #6 PRINTED NAME* Darryl 7,r _gprmaler TITLE. SIGNATURE, DATED this2023. ay of —��c A rove 0 0 Rebekah NMCaylor, WS13A#: 53527 Deputy Prosecuting Attorney .3 P ' - Lq ,d Date Page 5 of 9 - ATTACHMENT T A. INTERAGENCY AGREEMENT BETWEEN THE U.S. DEPARTMENT OF TREASURY AND RAN $ COUNTY Attachment A to be provide. on a separate document Page 6 of ATTACHMENT A ITACHMENT B U.S. DEPARTMENT OF TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINAL RULE EFFECTIVE 4-1-2022 .-//Iiome.,treas=.,czov/system/fil,es/1,36/SLF.R*F-Fl*iial-'R-ulg.pcls" Page 7 of 9 ATTACHMENT C U.S. DEPARTMENT OF TREASURY COMPLLkNCE AND REPORTING GUIDANCE FOR Ctrl STATE AND LOCAL FISCAL RECOVERY FUNDS DATED 9-20-22 Version 5.0 cas-ur -gov;,Stem/-riles/136/S,LFRF-CL, l i �an c �c- - a �nd -. �,e j2rt�fii11- Page 8 of 9 ATTACHMENT D SCOPE OF WORK The Board of Commissioners is directing toprovide the Beneficiary a total dollar amount not to exceed $ 100-000 of AN AL Funds f(1 support of the on-going Provision of fire district services to their residents. During the COVID-1 9 pandemic, IMI fire districts were severely taxed while providing for their role as emergency responders in local communities. fire districts are P I roviding important services to our communities and are included It . ed In Final Rule comments on "government services. Expenses under this grant must meet the eligibility criteria outlined below: EligibleCoStg include equipment and training ensuring the fire district has adequate resources toprovide their emergency response services both within their district boundaries and, at times, to assist------- other local fire districts when called upon. 2. Program Funding and Award Amount The County shall make 100,000 of ARPA funds available under Attachment A that ill be paid to the Benefici W1 clary on aRejmbursementPaYment_. basis,, All funds are to be disbursed no later than September 30, 2026. I Reporting The ARPA ffinding will be provided via warrant to the Benefi, qlaxy upnu on its sub *ssion to the County of expenditure details, to, with copies Of invoices, receipts and other supporting documentation for each expense for which reimbursem is re sted, along with a signed .ant que certification by the Beneficiary that such expenses r�present eligible expenses incurred the Beneficiary based on the eli'Ribility criteria Outlined aboveand that such expenses bave not been nor will bereli burled under any other government or private entity program. The Beneficiaiy m inay only subinit one request for reimbursement per month and at m' This will ensure the eligibility of the expenditures consistent InImum on a quarterly basis. with the application requirements prior to payment. The Beneficiary reporting obligations listed above will not be required if below are checked, one or both statements 4 A narrative budget and plan has beenpreviousIv submitted by the applicant and approved by the BOCC. A progress and final report ft-omthe beneficiary on grant usage is requt'red. This beneficiary is designated as being within an eligible class for grant allocation. A progress and final report froin the beneficiary on grant usage is required and the DOC may require a narrative budget to accompany the progress and final report. Page 9 of 9 Am K22-106 OMB Approved No. 1505-0271 P Expiration Date: 11/3 0/2021 MAY 10 2o?2 U.S. DEPARTMENT OF TBE TREASREAS UR CORONAVIRUS STATE AND LOCAL FISCAL RECO E�RYKFUMNDS 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, 2Q21} authorizes the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavims State Fiscal Recovery Fund and the Coronavirus, Local F iscal Recovery Fund. Recipients receiving S payment eci ients hereby agrees, as a condition to re such pa ent from Treasury, agrees to the terms attached hereto. Recipient: Cindy Carter, Vice -Chair Rob Jones, Chair ...... ..... Authorized Representative Signature (above) Authorized Representative Nance: D a-nny 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: Chief Recovery Office -r, Office- of Recovery Programs Date Signed: June L 2021 ............... PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The est* information is 15 minutes per response. Comments concerning th accuracy of this burden t I Imated burden associated with this collection of e ses imate 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 information unless it displays a valid control number assigned by OMB. MAY f) Sm 2022 RANT (;'Of INTYr ,41 ,or ijIlS.�S.1.0-NERS v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth Appendix XII to Part 200 is hereby incorporated by reference. m 2 C.F.R. Part 200, vi. Govermuentwide Requirements for Drug -Free workplace, 31 C.F.R. Part 20. VA. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 197042 U.S.C. implementing regulations. � § § 4601-4655) and ix. Generally applicable federal environmental laws and regulations. Statutes and regulations prohibiting discrimination applicable to this award, include without limitation, rrn.xtatron, 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 discriminationq) xmplenaentnag regulations at 31 on the basis of race, color, or national or�gnx under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title vIII of the Civil Rights Act of 1.968 (42 U.S.C. §§ 3601 et seq.), which prohibits ts discrimination in housing on the basis of race, color, religion, national origin,sex f familial . • �. aI status, or iii. Section 504 of the Rehabilitation .Act of 1973, as amended (29 U. S.C. § 794 c bans of disabYl�ty under any pro am or activity )' which p rohib' its discrimination on the ty r eceiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et se and Treasury's regulations at 31 C.F.R. Part 23, which prohibit • q )� Bury s implementing p 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 • discrimination on the basis of disability u .. ( § § . 01 et seq.), which prohibits • �ty , under programs, activities, and services provided or wade available b state and local governments or instrumentalities or agencies thereto. Y 10. Remedial Actions. In the event of Recipient's noncompliance with sections 602 and 603 o Treasury's 'implementing'implementing regulations he Act, other applicable laws, guidance, or f t any reporting or other program requirements, Treasury may impose a conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available • Y p additional C.F.R. § 200.339. In the case of a violation of sections 602(c) or 603 c Y v Mable remedies as set forth in 2 shall be sub' ect to recon meat as �) () of the Act regarding the use of funds, previous payments J p 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 Actart 5 7324-•7328), which limit certain political activities of State or local (U.S:C.•§§ 1501--1508 and connection with an activity financed in whole or in b this government employees whose principal employment is in p y lus federal assistance. 12. False Statements Recipient understands that making false statements or claims in co ° federal law and may result in criminal, civil, or administrative sanctions ' connection with this award is a violation of penalties, debarment from, participatingin federal awards � including fines, imprisonment, civil damages and ards or contracts, and/or any other remedy available by law. 13. Publications. Any publications produced with funds from this award must display the following • p Y wing language: "This project [is being]. [was] supported, in whole or m. part, by federal award number [enterproject FAIN a a by the U.S. Department of the Treasury." ] awarded 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 • under the terms of this award; (2) that are determined b the Treasury p �' rm�n.ed to be authorized to retain y sury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment to pursuant on obli ati Act and have not been repaid by Recipient shall constitute a debt g p sections 602(e) and 603(e) of the to the federal government. b. Any debts determined to be owed the federal government must beai • p d promptly by Recipient. A debt �s delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless ' have been made or if the Recipient knowingly or improperlyretain p �' � ss other satisfactory arrangements Treasury will take any actions available to it s funds that are a debt as defined in paragraph 14(a). to collect such a debt. OMB Approved No. 15050271 Expiration Date: 11/30/2021 ASSURANCE OF COMPLIANCE WITH CC'VIL RICINS 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 Gran (hereinafter referred to as "the Recipient") provides the assurances stated herein. t County, Washington grants, loans and contracts to provide assistance The federal financial assistance may include p ce to the recipient's beneficiaries, the use or rent of Federal land orro e rty at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements p p providing assistance. Federal financial assistance does not encompass contracts g, s with the intention of p is of guarantee or insurance, 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 p � p de direct benefits. This including any assistance that the Recipienty quest may re in the futureavailable through the Department of the Treasury, . The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to al ' services and activities, so long as any portion of the recipient's program(s) ra pp Y 1 of the recipient's .programs, p p g rn(s) is federally assisted in the manner proscribed above. 1. Recipient ensures its current and future -compliance with Title VI of the Civil Ri lits Act of 1964 prohibits exclusion from participation, denial of the benefits of 'or subjection t g as amended, which activities receiving federal hands, of an person in the to under programs and Y p United States on the ground of race, color, or national origin. (42 U.S.C. § 2004d et seq.), as implemented by the Department of the Treasury Title VI regulations at 3 other pertinent executive orders such as Executive Order 13166• directives; c�1 CFR Part 22 and circulars; rculars; policies; memoranda and/or guidance 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons activities with Limited English ' Proficiency," seeks to improve access to federally assisted programs and ' ' ' P g tivities 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 discriminatio g • �° its programs, ' Rights Act of 1964 and the Department of the Treasury's g , n prohibited under Title VI of the Civil implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons access to its programs, services, and activities. Recipient understands and agrees t p ons have meaningful providing language assistance services including oral ' � that meaningful access may entail g 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 when conducting programs, services and activities. As a p g development of applicable budgets and . 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 assurance constitutes a condition o ' federal financial assistance and is binding upon Reci Tent and Recipient's f Continued receipt of Recipient p nt 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 subcontracto transferees, and assignees to comply with, assurances 1-4 above, and agrees to incorporate the following rs, successors, contract or agreement subject to Title VT and its regulations between '� llowing language in every g en 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 ' Caval Rights Act o .2964, � p y with Title VI of the g f which prohibits recipients of federal financial assistance from excludin om a or activity; denying benefits of, or otherwise discriminatingagainst a person g•c program national origin (42 U.S.C. § ZOOOd et seq.),as implemented g p s n on the basis of race, color, or regulations, 3 by the Department of the Treasury's Title VI gu 1 CFR Part 22, which are herein incorporated by reference and made art a othis contYagreement). Title VI also includes protection to ersons with "Li �" ,act (or mated EngZash Proficiency an any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented b the Department Treasury',s Title VI regulations, 31 CFR Part 22, and herein incorporated b re yof is the contract or agreement. p y reference and made a part of this 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 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 fora' financial assistance is extended or for another p�'pose for v�'hich the federal purpose involving the provision of similar services or benefits. If any