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HomeMy WebLinkAboutAgreements/Contracts - BOCC (005)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: KarC'I@ Stockton CONFIDENTIAL INFORMATION: ❑YES C -1N0 DATE:2/23/2024 PHONE:ext. 2937 DATE OF ACTION: APPROVE; DENIED ABSTAIN D1: D2: ✓.. D3: DEFERRED OR CONTINUED TO: ❑Agreement / Contract ❑Bids /RFPs /Quotes Award ❑AP Vouchers ----- ❑ Bid Opening S p g cheduled ❑A ointm pp ent Reappointment ®ABPA Related ❑Computer Related ❑County Code El /Committees ❑Emer enc Purchase g Y e ❑Budget ❑Employee Rel. ❑ Facilities Related ❑Invoices /Purchase Orders ❑ Financial ®Grants —Fed/State/Cou Fed/State/County ❑ Funds 01 ❑Hearing ❑Minutes ❑ Policies ❑Ordinances -eases ❑Out of State Travel ❑MOA / MOU ❑Petty Cash El Recommendation ❑ Proclamations ❑Professional Sery/Consultant ❑ Request for Purchase ❑Sup ort Letter p ❑ Resolution ❑Tax Levies ❑Thank You's ❑Tax Title Property p Y ❑Surplus Req. ❑WSLCB w A A American Rescue Plan Act (ABPA) BeneficiaryAgreement with g h Grant County Fir e District 8, in the amount of $100,000. Term is March 3, 2021 to September 30, 2.026. DATE OF ACTION: APPROVE; DENIED ABSTAIN D1: D2: ✓.. D3: DEFERRED OR CONTINUED TO: K2 4— 0 6 2 ARPA BENEFICIARY AGREEMENT This ARPA Beneficiary Agreement ("Agreement")is 4 dated as of the _day of May 2023 by and between Grant County, a Washington Political subdivision '•g p al subdivision and the entitGrant County Fire District 8y (Federal Tax ID# 91-1566911 UEI # SGURWMN9WL48 Junior Taxing District ("Beneficiary").� a Washington State WHEREAS, the U.S. Department of the Treasury has allocated to the County $18,983,490.00 of federal stimulus funding from tRecovery . g he Coronavirus State Fiscal Recove Fund and the Coronavirus Local Fiscal RecoveryFunds under("AR-PA� CFDA No 21.027 Funds" under Section 602 (b) and 603(b) of the Social Sec � ). Security Act, as amended by Section 9901 of the American. Rescue Plan Act ("ABPA. Act"), for the limited purposes n p � s identified. in the Agreement between the Treasury and Grant County designated under FAIN # #SLF RP2169 (Agreement), identified as ,the Coronavirus State and Local Fiscal Recovery Funds Final Rule ("Final Rule"). identified as ,and the Compliance } p e and Reporting Guidance for State and Local Fiscal Recove Funds "Compliance & Reporting Guidelines"), p g delines ), identified as re attached hereto and incorporated herein b this reference. nce. WHEREAS, the County desires to allocate portions o . p f the ABPA Funds awarded to Grant Count in support of the provision of fire and public safety services y Notable negative economic impacts by the Beneficiary include the following: The COVID-19 pandemic provided experientially and through exposing potential i shortcomings in services in of emergency, thatemergency services such as fire districts lac � times �f pandemics and states ked capacity and certain services for fulfilling the needs of the public. ARPA funds will be used for training and equipment to mitigate for these potential situations as they occur. WHEREAS, the County believes the provision of police, fire, and otherub ' p lie safety services (including purchase of fire trucks and police vehicles) qualifies this project as an eligible use of g ABPA Funds as outlined previously. y WHEREAS, the County and Beneficiary desire to enter ' i`y er into this Agreement so that the Count may advance ABPA Funds via a direct economic supporty grant to provide the Beneficiary with sufficient resources to proceed as allowed under the Attachments A & B. NOW, THEREFORE, in consideration of the foregoing g ng recitals which are incorporated herein b reference, and the terms and conditions set forth below,y the parties agree as follows: Page 1 of 9 1. Effective Date and Term. This A reement shall art. � commence when last executed by all parties and remain in effect until D►ecerne 31 2026 unless ter1.minated by the County in writing. 2. ABPA Funds. The County agrees to provide to the B exceed � oo,000 p Beneficiary a total dollar sum not to d on a Reimbursement Payment basis for eligible costs incurred during the period of March 3 2021 throe eligibility through September 30, 2026 based on ligibility criteria outlined in Atta+chment 1 Scope of Work. ork. 3. reimbursement Re uest Support. For entities receive basis facilitate ng ARPA Funds on a reimbursement to facilitate release of ARPA funding to the Beneficiary*,the ' Beneficiary will submit a detailed invoice in a form specified and approved b the pp Y County, no more frequently than monthly and at minimum on a quarterly basis, detailingtheeligible the Beneficiary g le expenses incurred by iary for which Reimbursement is being requested. Each Rei the B q Reimbursement request submitted b y Beneficiary will include a signed certification b the Beneficiary ' expenses represent eligible ex Y teary that such p g expenses incurred by the Beneficiary based on the eligibility criteria outlined in Attachment D a g ility and that such expenses have not been nor will be reimbursed under any other government orrivate entity modified with t p Y program. Such schedule maybe he prior approval of the County. Failure torovide result p any of the required documentation may it in termination of the Agreement and in the withholding nonpayment of all remain' and/or remaining funds awarded to the Beneficiary b the County Agreement. '�' Y ty under the 4. Advance payment Super. For entities receiving ARPA funds as an advance payment, a progress and final report will be required when the fundin has g been expended. At the discretion of the BOCC, all entities in this category budget g y may be required to provide a narrative dget either at the time this agreement is signed or along g with the progress and final report. 5. Inelijzible Uses. Non -allowable uses of ABPA Funds include, without limitation, the following, a) usage of funds to either directlyindirectly or offset a reduction in net tax revenue resulting from a change in law, regulation or administrate ' the covered period that red administrative interpretation during p reduces any tax or delays the imposition of an tax or tax ' b) damages covered b insurance; c Y ease, Y )usage of funds as a deposit into an pe ax fun expenses that have been or will be Y p d, d) reimbursed under any federal program; e debt service costs; contributions to �� ) a rainy day fund; legal settle . g) g 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 ' p the Beneficiary. 7. Independent Contractor. Each part under the e Agi Bement 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 relationshipof principal be p p and agent, or employer and employee tween 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 Beneficiaryre agrees es to defend, indemnify and hold the Count it officers, officials, employees, agents and volunteersy' s of harmless from and against an and all claims, injuries, damages, losses or expenses including ' Y bodilyinjury, p g without limitation personal injury, ry, sickness, disease, or death, or damage to or destruction are alleged or proven g ruction of property, which g p to be caused in whole or in part b an act or ' Beneficiary, its officers directors Y omission of the , employees, and/or agents relating to the Beneficiary's performance or failure to perform under this Agreement. g Bement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws Guidelines. The Beneficiary eneficiary shall comply with all federal state and local laws and all requirements(includingde ' debarment and other required certifications and audits) of Attachments A & B an q d Compliance &Reporting Guidelines to the ' extent applicable, when disbursing ABPA Funds to Beneficiary ficiary or when seeking Reimbursement from the County. 10. Maintenance and Audit of Records. Th ' The Beneficiary shall maintain records books documents, and other materials relevant to its ' performance under this Agreement. These records shall be subject to inspection, review and audit t by the County or its designee the Washington State Auditor's Office and as re ' quired by Attachments A & B, and Compliance &Reporting Guidelines for five(5). years after all funds have been ex ended or returned. If it is determined during the course of thep audit that the Beneficiary was reimbursed for unallowable costs under this Agreement, g ement, the Beneficiary agrees to prom tl reimburse the County for such payments p ments u on request. p Y 11. Notices. Any notice desired or to required ' q be given hereunder shall be in writin and sh be deemed received three (3) da s after de osi g� all Y p t with the U.S. Postal Service, Posta e full prepaid, certified mail, return receipt requested, an g Y . p q � d addressed to the party to which it is intended at its last known address, or to such otherer p son or address as either party shall designate to the other from time to time in writing forwarded in like manner: eneficiarY: Organization: Grant County Fire District 8 Contact Name: Chief Matt Hyndman Address: 20643 Rd. 22.5 SW City/State/Zip Mattawa, WA 99349 Grant County: Grant County Commissioners P.O. Box 37 Ephrata, WA 98823 12. Improper Influence. Each art warrants . party that it did not and well not employ,retain contract with any person or entityon a Contin , or gent compensation basis for theu o seeking, obtaining, maintaining, or extendingt p rp se of his Agreement. Each party agrees, warrants and represents that no gratuity whatsoever has b ' Ben or will be offered or conferred with a view towards obtaining, maintaining, or extendingthis Agreement. greement. Page 3 of 9 13. Conflict of Interest. The elected and appointed pp 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 g by their sense and purpose should survive expiration or termination of the Agreement shall so survive. T provisions 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 p Ives of the parties. 17. Governing Law; Venue. The Agreement will b g e governed in all respects by the laws of Washington State, both as to interpretation anderfo p rmance, without regard to conflicts of law or choice of law provisions. Any action arisingout of or in ' Agreement may be instituted connection with the y uted and maintained only in a court of competent jurisdiction inGrant County, Washington or as provided by RCW 36.01.050. 18. Non -Waiver. No failure on theart of the County ' p ty to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof; nor b the � shall any single or partial exercise y County of any right hereunder preclude an other er or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative of any remedyavailable to ive and not exclusive the County at law or in equity. 19. Bindin2 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 g or transfer any of its interests in or obligations under this Agreement without therior p written consent of the County. 21. Entire Agreement, This Agreement constitutes' the entire agreement between the Count and the Beneficiary for the use of funds received under this Agreement and it Y supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. p g meat. 22. No Third Party Beneficiaries. Nothingherein shall or be deemed to create or confer an right, action, or benefit in, to, or on the art of an person y p y p son 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. g Bement. 23. Severability. In the event that one or more provisions to be ' p stuns of this Agreement shall be determined invalid by any court of competent jurisdiction ora encjurisdictiong y having thereof, the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. Page 4 of 9 24. CountMarts. 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 of party, that they have the full power and authority to execute this Agreement on behalf of theparty for whom they sign. IN WITNESS WHEREOF,, this Agreement is executed and shall become effective as of the last date signed below. DATED this 5th day of May ---- 92023. BENEFICIARY ORGANIZATION. Grant County Fire District -8 ---------- PRINTED NAME: Maty ndmanFire Chief ---------- TITLE4 SIGNATURE: 'I I DATED this 5f4-*- day of � ee A EST: Barba a J. Was 0 Board Apr ved as F r Rebekah M-,&ayTbr, WSBA#: 53527 Deputy Prosecuting Attorney BOARD OFCOUNTY-COMMISBION ERS GRANT COUNTY9 WASHI ON Rob J' at Cindy Carter l vt-eeretta.v-, ------- - ------- Danny E S ne, Mea%bp'r VIC.0- &Iwf r - Date 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 htti)s://home.treasurv.aoy/system/files/136/SLFRF-Final-Rule.7odf 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 Page 8 of 9 ATTACHMENT D SCOPE OF WORK The Board of Commissioners is directingto provide the Beneficiary exceed $100,000 p eneficiary a total dollar amount not to of ARPA Funds in support of the on-going provision of fire district pp services to their residents. During the COVID-19 pandemic, local fire districts were severely taxed while providing for their role as emergencyresponders N in Kcal communities. fire districts are providing important services to our communities and are included in Final Rule comments on "government services." Expenses under this grant must meet the eligibility criteria outlined below: 1. Eligible Costs include equipment and training ensuring the fire district has adequate resources s to provide 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 will be paid to the Beneficiary on a Reimbursement Payment bases. All funds are to be disbursed no later than September 30 2 p 026. I :Reporting The ARPA funding will be provided via warrant to the Beneficiary ene� clary upon its submission to the County of expenditure details, together with copies of invoices, voices, receipts and other supporting documentation for each expense for which reimbursement is requested, al certification by the Beneficia q � ong with a signed Beneficiary th at such expenses represent eligible expenses incurred b Beneficiary based on the ell iblllt criteria y the eligibility a outlined above and that such expenses have not been nor will be reimbursed under any other government or private entity program. The Beneficiary only submit one request for reimbursement er month and at p minimum on a quarterly basis. This will ensure the eligibility of the expenditures consistent with thea 'on requirements application 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 K22-106 OMB Approved No. 1505-0271 Expiration Date: 11/30/2021 U.S. DEPARTMENT OF THE TREASUR MAY 10 ?0`2 CORONAVIRUS STATE AND LOCAL FISCAL RECOLE��FT_11,MS I A Recipient natne and address: Grant County, Washington DUNS Number: 010202562 35 C Street NW Taxpayer Identification Number: 916001319 Ephrata, WashinAssistance Listing Number and Title: ton 98823 1 21-027 Sections 602(b) and 603(b) of the Social Security Act the Act) as added by section 9901 No. 117-2 (March 11 5 2421 authorizes the Department of the Treasury (T of the American Rescue Plan Act, Pub. L. . reasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund, Recipientshereby agrees, as a condition to r1ece* * . v1ng such Payment from Treasury, agrees to the terms attached hereto. Recipient: Cindy Carter, Vice -Chair Rob Jones, Chair T w Authorized Representative Sign ... nature (above) S 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 Leibenl-Lift Authorized Representative Title: Chief Recovery -Officer, office of Date Signed: Recovery Programs June 1, 2021 PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests fax support. The estimated burden inforniation is 15 minutes per response. Comments concerning the accuracy associated with this collection of of this burden esthnate 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 re squired control number assigned by ONm. qu ed to respond to, a collection of information unless it displays a valid MAY P�,'j 2022 R S' v. Recipient Integrity and Performance Matters, pursuant to which Appendix XII to Part 200 is hereb Y in.co incorporated the award term set forth in 2 C.F.R. Part 200, rp ed by reference. vi. GOvernmentwide Requirements for Drug -Free Workplace, 31 p C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real '' q Property Ac uisiti implementing regulations, p ons Act of 1970 (42 U.S.C. § § 4601-4655 and ix. Generally applicable federal environmental laws and regulations. ,gu ions. Statutes and regulations prohibiting discrimination applicable to this his award, include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 42 U.S.C. . C. g C.F.R. Part 22 which r � , § § 2000d et seq.) and Treasury's implementing prohibit discrimination on the basis of race, color, or national or' P g regulations at 31 activities receiving federal financial assistance; origin under programs or ii. The Fair Housing Act, Title vLQ of the Civil t 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 ��� basis of disability under an program � as amended (29 U.S.C. § 794), which prohibits discrimination o Y p gr or activity receiving federal financial assistance; n the iv. The Age Discrimination Act of 1975, as .mended42 U.S.0 regulations at 31 C.F.R. Part 23 . ( • § § 6101 et seq.), and Treasury's iin leinentin , which prohibit discrim nation on the basis of age in ro ams o p g receiving federal financial assistance; and P r activities v. Title II of the Americans with Disabilities Act of 1990 as amended discrimination on the basis of disabilityunder r (42 U.S.C. §§ 12101 et seq.), Which prohibits and local governments or instrumentalities p °grams, activities, and services provided or made available or agencies thereto, fable by state 10. Remedial Actions. In the event of Recipient's noncompliance with ' Treasury's 'implementing regulations, guidance ora p h sections 602 and 603 of the Act, other applicable laws any reporting or other program. requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds p ional C.F.R. § 200.339. In. the case of a violation of sections 602 ' if any, or take other available remedies as set forth in 2 (c) or 603(c) of the Act regarding the use of funds, previous shall be subject to recoupment as provided in sections 602(e) and 603 p s payments () (e) °f the Act. 11. Hatch Act. Recipient agrees to comply, as applicable 7324•-7325), which limit certain olitical acti '' with requirements of the Hatch Act (5 U.S.C. §§ 1501-1,508 a Povities of State or local government employees whose principal e nd connection with an activity financed in whole or in part by this federal assistance. P p naployment is in 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 criinin.al, civil, or administrative sanctions, ' .. ns, 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 a • ward must display the following language: "This project is being]. [was] supported, in whole or in part, by federal award number p � � by the U.S. Department of the Treasury." Center project FAIN] awarded to Grant Coun , Washington gton 14. Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which ' under the terms of this award; (2) that are Bete Recipient is finally determined. to be authorized to retain determined by the Treasury Office of Inspector General to have bee (3) that are determined by Treasury to be subject to a repayment n misused; or Act and have not been repaid by Recipient steal • obligation pursuant to sections 602(e) and 603 e of the .p 1 constitute a debt to the federal government. ( ) g b. Any debts determined to be owed the federal government must ' not been paid by the date specified in Treasury's be paid Promptly by Recipient. A debt is delinquent if it • ury's initial written demand fora q has have been made or if the Recipient knowingly or improperlyret • P payment, unless other satisfactory arrangements Treasury airs funds that are a debt as defined in paragraph 14(a). uxy will take any actions available to it to collect such a debt. P OMB Approved No. 1505-0271 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 assurancesW slungton stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the recipient's y pient s beneficiaries, the use or rent of Federal land or property at below market value,. Federal training, a loan of Federal Personnel, subsidies, p P �Y providing assistance. Federal financial assistance does p and other arrangements with the intention. of not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market . p gr 'mss, assurance applies to all federal financial assistance from value, or programs that provide direct benefits. This m or funds made available through the Department of the Treasury., including any assistance that the Recipient may request in the future.urY� The Civil Rights Restoration Act of 1987 provides that the provisions ' services and activities so Ion as an p , ns of this assurance apply to all of the recipient's ro ams g y portion of the recipients program(s) is federally assisted in the ma ' manner proscribed. above. 1. Recipient ensures its current and future -compliance with T' .. � . prohibits exclusion from participation, d Title VI of the Civil Rj.ghts Act of 1964, as amended whic p p denial of the benefits of, or subjection to discrimination under � h activities receiving federal funds, of any person in the United States o programs and U.S.C. § 20004 et seq.), as implemented b the Department on'the ground of race, color, or national origin 42 y p rtm.ent of the Treasury Title VI regulations at 31 other pertinent executive orders such as Executive Order 13166• dire CFR Part 22 and documents. dives; circulars; policies; rneinoranda anal/or guidance 2. Recipient acknowledges that Executive Order 1.3166, "Im. rovin Proficiency, y assisted to improve access to federall p g Access to Services for Persons with Limited En fish d programs and activities for individuals who, because g proficiency (LEP). Reci lent understa � se of nati origin, have Limited English proonal services, and activities because of LEP is a form of � rads that denying a person access tots programs national origin discrimination prohibited under Title VI o ' Rights .Act of 1964 and the Department of the Treasury's implementing f the Civil reasonable steps, or comply with the Department of � p rating regulations. Accordingly, Recipient shall initiate P .. ,the Treasury's directives, to ensure that. LEP persons have access to its programs, services, and activities. Recipient understands an mea ng pr�ovading language assistance services, includingoral ` d agrees that meaningful access may entail effective communication in the I�.eci Tent's interpretation relation, and written, translation where necess , to ensure p 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 g guidance at 70 FR. 6067. For more information on � the Department of the Treasury has published its LEP LEP, please visit ht-tn://vcrww.Iep.cr., 4. Recipient acknowledges and agrees that compliance. with this as federal fion Recipient a surance constitutes a condition of continued receipt of nancial assistance and is binding u period in which. such assistance is provided. p p and Recipient's successors, transferees and assignees for the p d. � 5. Recipient acknowledges and agrees that it must require an sub - transferees, and assignees to comply with assurances 1-4 y grantees, contractors, subcontractors, successors, ' above, andagrees to incorporate the following tan ua e i contract or agreement subject to Title VI and its regulations between the g g n every contractors, subcontractors, successors, transferees, an assignees: Recipient and the Recipient's sub -grantees, . The sub grantee, contractor, subcontractor, successor) transferee, and assignee shall comply with Title VI o the P recipients of federal financial assistancefrom excr f or activity; denying benefits of, or otherwise discriminating against udang from a p. y�ogram national origin (42 U.S.C. g g st a person on the basis of race, color, or • § 2000d et seq.), as implemented by the Department o the regulations, 31 CFR Part 22, which are herein incorporated b re f Treasury's Title VI agreement). p y ference and made apart of this contract (or Title VI also includes protection to persons with "Limite activity receiving federal financial assistance 42 U.S d English Proficiency" in any.program or 31 CF • C. � 20004 et seq., as implemented by the Department o t R Part 22, and herein incorporated by reference and made p ,s he Treasury's Title VI regulations contract or agreement. a e a part of this 6. Recipient understands and agrees that if any realroe financial assistance by the Department of the p P '� or structure is provided or improved with the aid of federal p e Treasury, this assurance obligates the Recipientor in the Property p � case of a subsequent transfer, the transferee, for the period during which the real financial assistance is extended or for another p. p � or structure is used for a purpose for which the federal purpose involving the provision of similar services or benefits. If any