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HomeMy WebLinkAboutAgreements/Contracts - 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: D Stone CONTACT PERSON ATTENDING ROUNDTABLE: D Stone CONFIDENTIAL INFORMATION: DYES BNO DATE: 2/29/24 PHONE: 292$ DATE OF ACTION: ,3 .6 Z APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: RAgreement / Contract ❑Bids /RFPs /Quotes Award ❑AP Vouchers ❑Bid OpeningScheduled ❑Appointment Reappointment pp ❑ARPA Related ❑Computer Related ❑County Code El /Committees ❑Emergenc Purchase Y El Budget ❑Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑MOA/ MOU ❑Minutes ❑ Policies ❑Ordinances ❑Out of State Travel L1 Petty Cash ❑ Recommendation ❑ Proclamations ❑ Professional Sery/Consultant ❑ Request for Purchase [:]Support Letter ❑Resolution []Tax Levies [-]Thank You's ❑Tax Title Property p Y ❑Surplus Req. ❑ WSLCB 0 American Rescue Plan A regiment ARPA B 9 ( ) eneflclary Agreement Grant with County Port District 4 (Coulee City) in the amount of $100,000.00. Term is March 3, 2023 thru September 30, 2026. DATE OF ACTION: ,3 .6 Z APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: K/24-065 L%_,C.j ABPA ]BENEFICIARY AGREEMENT This ARPA Beneficiary Agreement ("�,,reemenr) is dated as of the 7th day of February 2024� by and between Grant County, a Washington Political subdivision ("County"), and the, Grant County Port Distejct.#4 entity (Federal Tax jD#UBI--60406570 UE1 # Junior Taxing District ("Beneficiaryll)-,_ a Washington State WHEREAS, the U.S. Department of the Treasury CTreasur3e") has allocated to the County $ 18,983,490.00 of federal stimulus funding. frorn the Coronavinis State Fiscal Re overy Fund and the Coronavims Local Fiscal Recovery Funds under CFDA No. 21.027�".AR�''A.0 Funds") -under Section 602 (b) and 603(b) ofthe Social Security Act, as amended by Section 9901 of the .American I encan Rescue Plan Act ("ARPA Act"), for the limited purposes identified in the Agreement between the WTreasu and Grant County designated under FAIN # #SLFRP2169 (Agreement), identified as the Coronaviras State and Local Fiscal Recovery Funds Final Rule �4Final Rule"), identified as and the Compliance and Reporting Guidance for . r State and Local Fiscal RecovM Funds ("Compliance & Reportin Guidelines 9 identified as attached hereto and, incorporated .herein by this reference. ce. ,ere �m WBI-4REAS, the County desires to allocate portions of the ARP, Funds awarded to Grant County in support of responding Ing to the COVID-1 9 Public health emergency or its negative economic InIpacts. These funds will help purchase 7 HVAC in the coulee City Medical citnic p'o'r'tion of the Port District #4 new Wilding hou___� sing both the clinic and a library, Notable negative economic impacts by the Beneficiary include the following, Grant county was negatively affected by the COVID-1 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 Coulee city Clinic was Inadequate for the treatment of infectious, COMMUrflicable diseases because there were not adequate negative pressure rooms to alleWate spread of disease during the COVID-19-pandernia. Statutory Eligible Use Type is 1.'To respond to the COVIE)�_19 public health emergency or its negative economic .impacts under the Subcategory. Public Health 1. GovID-19 mitigation and prevention — capital investment inpublic facilities to meet pandemic Operational needslsUch as adaptations to public buildings to implement COVID-1 9 mItigarion tactics, Expenditure Category: I 14 Other Public Health Services. WMREAS, the County believes theprovision of these funds to create qU811ty ventilation SYSterns in a new clinic facility Including negative pressure rooms for the treatment Of Patients With Communicable diseases and because In the U.S. T_r_e�a�suryl SLFRF Final Rule FAQ(treasury.gov) question 1.3s 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 qualifies this project as an eligible--- use of ARPA Funds as outlined previously. pan emic.11 WHBREAS, the County and Beneficiary desire to enter into this Agreement so that the County may advance ARPA F-unds Via a direct economic support grant to provide, the Beneficiary with sufficient resources. to proceed as allowed under the Attachments A & B. - NOW, TUREFORE, in consideration of the foregoing •recitals Which are Incorporated herein by reference, and the terms aid conditions set forth below, the parties . agree as follows: Page I of 9 1. Effective date and Term. This • eement commence when last ex ` � t.:. shahs executed b a parties and remain in effect until .. �ceber „.�,� ��� unless to y ::y: writing. _ ........ terminated by the County In 2. ARPA. Funds. The County to agrees ' g provide to the Beneficiary a total dollar sun not eX.CeeCi. $ 'IDQ,000 on a Reirnaursement Payment to incurred Burin the basis for eligible costs . e g period of March_ 3, 2021 throe eligibility criteria OL1tl'in.,K Ugh September 3 0, 2026 based on outlined �, Scope of work. 3. Reimbursement Re nest Su ort. For entities receiving ABPA Funds on a reimbursement basis, to facilitate release of AR -PA• funding to the Beneficiary, the Beneficiary will ' a detailed invoice in a form specified and a 11 subn�xt approved, by the County, no more frequently than monthly and at mxnirnum on a quarterly basis detailing y the Beneficiary f �' � xl�ng the eligible expenses incurred b y or which Reimbursement is beingrequested. Each y submitted. by the Beneficiary • q h Rexrnbursernent request ry will include a signed certification b the Beneficiary expenses represent eligible ex enses ' y that such incurred by the Beneficiary based on the eligibility criteria outlined in .Attachment T.� and that s such expenses have not been nor will be reimbursed under any other government or. .modified with the private entity program. Such schedule may be prior approval of the County. Failure to provide y in termination P e any of the required documentation. may result on of the Agreement and in the withholding and/or of all remaining funds awarded to the Beneficiary by theAgieernent, County under the 4. .Advance nnyment Su ooh, For entitle . s receiving ARRA funds as an advancea ment a progress and final report will be required when the p y , funding has been expended. At the. discretion of the B OCC, all entities in this categoryb budget either at the time. this a may required to provide a narrative agreement is signed or along with the progress and final al report. 5. .I, nelgib1eUses_. Non -allowable uses of ABPA Funds include with following: a) usage of funds to either out limitation, the r directly or ua.directly. offset a reduction in revenue resulting. from: a change in law, re dministrative intlation or net tai erpretation Burin the covered period that. reduces an tax orimposition g b dams y .delays. the of any tax or tax increase; damages covered by insurance;. c) usage of funds as a deposit'• ase, expenses- that have been or will into any pension fund; d� X be reimbursed under any federal program; . casts; f) contributions to a `rain day" P g � e� debt service nel • y y fund; g� legal settlements and h an and ineligible uses listed in the Final R ) y all other Rule, 6. Termination. The County mayterminate ' for no e flus Agreement, for convenience or othervcrise consideration or damages, upon prior notice to tand �.e Beneficiary. 7. Indebendent Contractor. Each. .a under the Agreement shall be for all purposes es anIndependent Contractor. Nothing captained herein will be deemed to create an association a partnership, aoint venture, or a relationshipo f Principal employee between the ' P cipal and agent, or employer and y e parties. The Beneficiary shall .not be or to � be deemed to be, or act or purport to act, as an employee, yee, agent, or representative of the County for an y purpose. Page 2 of 9 86 hidenmaiffication. The Benefic* IaIY •agrees to defend, indemnify and hold the County, officers, officials , its claims nj ) employees, agents and volunteers harmiess frOm and against an and all , •i *uries, 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 Be-neficiaryis performance orfailure to Perform under this Agreement. The section shall survive the expiration or termination.of this Agreement. 9. Compliance wiffi T.aWS. Guidelinpoz. 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 1 , when disburs *ng ARPA Funds to Beneficiary or when seeking Reimbursement from. the County. 106 Maintenance and Audit --1 -------- I;- documents 9L—Re—c-0—rds. The Beneficiary shall maintain records, books., , and Other materials relevant to its Performance under this Agreement. These records shall be subject to inspection I , review and audit by the County Or its designee, the Waslu-ngtOn State Auditors 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.' 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. intended at its last known address, or to such ) and addressed to the party to which it is . other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: BeilefiGla Organization: Grant County Port District #4 Contact Name- Travis Liening, Chair air Address: P. 0 f3ox 537 CitY/State/ZipCoulee City, WA 991 Grant County: grant County Commis,s P.O. Box 37 ioners Ephrata, WA 98823 12. IMDroner Influence. Each party warrants that it did not ai contract with any and will not employ, retain, or Pers.on or entity on a contingent Compensation basis for the purpose of seeking, obtainin& maintainin , or extend- this A and represents that no , 9 ing greement. Each party agrees, warralits, A gratuitY whatsoever has been or will be offered or conferred with a view towards obtainin& maintaining, or extending this Agreement. Page 3 of 9 13, Conflict -0-f-111-11-erest. The elected and appointed officials and CMPIOYeeS of the Parties shall not have any personal interest direct or indirect, which gives rise to a conflict of i interest. 14. Dmn—e. Time is of the essence in this Agreement. 15- au—r—V.'Val- The Provisions of this Agreement that by their sense and Purpose should urvive expiration or termination of the Agreement shall so survive. Those rovisio s without limitation Indemnification and M P ns include Maintenance and Audit of Records. 16- AM-en-d—inent. Na aMendment or modification to the Agreement will bee the prior written consent of the authorized representatives of the parties. tive ffec without. 4. 17. verntg-Lavv• �lene. The Agreement •will be governed in all respects by the laws of Washington. State, both as to interpretation and Performance5 without regard to conflicts of law or choice of law pro - arising ,visions. Any action ansing out of or in connection, with, the Agreement may be instituted and maintained only in a court Of competent jurisdiction Grant County, Washington or as provided by RCW 36.01,050. in 18. NO -n WaiYer. No failure on the part of the . County to exercise, and no delay in •exercisw any rigbt hereunder shall operate as 'a exercising, wavier thereof; nor shall any single or partial exercise by the County Of any right hereunder preclude any other or further exercise thereof ercise exercise of any other right. The remedies herein provided are cumulative ereof or the , and not • * Of ally remedy available to the County at law or in equity. exclusive 19. Binding Effent, This Agreement shall be binding upon and inure to the benefit of •the parties hereto and the' ir respective successors. 20. A pm I ssi ent. The Beneficiary shall •not assign or transfer any of its ** terests in or obligations under this Agreement without the prior'"Mtten consent of the, In County. 21. Entire Agreemiant This gre and the B s A ement constitutes the entire agreement between the County eneficiary for the use of funds received under this Agreement and it supersedes all Prior or contemporaneous communications and Proposals� whether electronic, oral written between the parties with respect to this Agreement. , or 22. No Third Aq beneficiaries. Nothiherei ng n shall or be deemed to create or confer right, action, or benefit in any 0•, to,. or on the part of any person or entity that is nota party to this Agreement, This provision shall not limit any obligation which either Party has to Treasury in connection with the use Of ARPA Funds,, including the obligations to provide access to records and cooperate With audits as provided •in this Agreement. 23. Severability. In the event that one Or more provisions of this Agreement shall be determined to be invalid by any court of •competent julisdic remainder of the Agreementtion Or agency having jurisdiction thereof, the shall remain in, full force and effect and the invalid provisions shall be deemed deleted. Page 4 of 9 shall be deemed an original but all of which to 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. rN VaTNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. DATED this 15th day of February 2024. BENEFICIARY ORGANIzATION* Grant County Port District #4 PRINTED Travis Lien TITLE: Chair SIGNATURE: DATED this day of_____, 224. 1 ad 11 ,I""' -- A T: Ile_ :Barbara J. Vasquez, Of thL oard Approved as to Form: M. M aylor, WSIBA#,- 53527 Rebekahim Deputy Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS GRANT COUNT HINGTON Cindy Carte Chair Danny E. S one, vine, ciin;. Vice Chair Rob Joher Date Page 5 of 9 ATTACHMENT D SCOPE OF WORK The Board of Commissioners is directing to provide the Beneficiary $ 100,000 lary a total dollar amount not to of ARPA Funds in supportof Grant County Port District #4's plans to install a quality HVAC system including the creation of negative ------------- Ive pressure treatment rooms in their new Coulee C4 Medical Clinic facility. Expenses under this grant must meet the eligibility criteria outlined below: L EligibleCoStS Any costs associated with the capital project of installing a heating, ventilation, and air conditioning system (HVAC) in Grant County Port District #4s soon to be constructed medical clinic to in Coulee City, Washington. This project is an eligible use of ARPA funding under Use Type: 1. To respond to the GOVID-1 9 public health emergency or its negative economic impacts 1. Subcategory: Public Health a. COVID-1 9 mitigation and prevention — capital Investment in public facilities operational needs, such as adaptations topublicbuildings to implement COVID-19 to meet pandemic mitigation tactics; Medical facilitiesnerally' dedicated to Cge OVID-19 treatment and mitigation (e.g., ICUs, emergency rooms); and ventilation system installation and improvement 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 Benefic' lary on a Reimbursement Payment' All funds are to be disbursed no later than September 30, 2026. I Reporting The ARPA funding will be provided via warrant to the Beneficiary upon - County of expenditure details I Its submission to the , to with •copies of invoices� receipts and other supporting documentation for each expense for which reimbursellent *s requested, along with a si ed certification by the Beneficiary that such expenses rep 1 911 Beneficiary based on the elig' I resent eligible expenses incurred by the � ib Criteria outlined above and that such expenses have not been nor will be reimbursed under any other government or p - rivate entity program. The Beneficiary May Only submit one request for reimbursement per month and at minimum on a quarterly basis. This will ensure the eligibility of the expenditures consistent with the application •requi prior to payinent. rements The Beneficiary reporting obligations listed above will not be required if one or both statements are checked: A narrative budget and plan has been previously submitted by the applicant and approved by the BOCC. A Progress and final report fTom the benefi V c - clarY On grant usage is requl*red. I withi inal report from the beneficiary on grant usage is required and the BOCC rogress and f I This beneficiary is designated as be'ng n •an eligible class for grant al ocation. A p may require a narrative budget to accompany the progress and final report. Page 9 of 9 K22-106 Al PPRO 'D OMB Approved No. 1505-0271 VE Expiration Date.- 11/30/2021 MAY 10 2022 U.S. DEPARTMENT OF THE TREASUR CORONAVIRUS STATE AND LOCAL FISCAL RECO RY FUNDS min [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 theAmerican Rescue Plan Act Pub. L, No. 117-2 (March 11., 2021) authorizes the Department of the Treasury (Treasury) to make payments to certain recipients , Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. 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 :Ak S1,--cl h(liu V P.- ow 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 Sign -a t --- t -i -re (above) -------- Authorized Representative Name: Jacob Leibenluft Authorized Representative Title-, Chief Recovery Officer, Office - of -- Recovery Programs Date Signed: June 1, 2021 PAPERWORK REDUCTION ACT NOTICE collection of nate and suggestions for reducing this burden should be directed information. is 15 minutes per response. Comments concerning the accuracy of this burden estimate S with The information collected will be used for the U.S. Government to process requests for support. The estimated burden as ociated this to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave.cull N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conductor sponsor, and a person is not required to respond to, a ection of information unless it displays a valid control -number assigned by OM 3. J U.S. DEPARTMENT OF TIM TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS -1. Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in comp lia 602(c) and 603(c) of the Social Security Act (the Act) and Treasury's regulations implementing thatnce with sections section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutionalial, and financial capability to ensure proper planning, mailagement, and completion of such project. , manager 2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3. 2021 and ends on December 31, 2024. 1. —Reportina. Recipient agrees to comply with any reporting obligations established by Treasury,, as it relates to this award. 4. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c) and 603(c), Treastuy's regulations implementing those sections, and guidance regarding the eligible uses of funds, b. The Treasury Office of Inspector General and the Government Accountability office, or their authorized representatives, shall have the right of access to records ( electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later. 5, Pre -award Costs., Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. 6.Administrative Costs. Recipient may use funds provided . tinder this award to cover both direct and indirect costs. 7. Cost Sharing. Cost sharing or matching Rinds are not required to be provided by Recipient. _& Conflicts -of Inter.at. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and IP subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 9. Compliance with A P1 Regulations. Applicable le Law and R,eg gions. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act, regulations adopted b y' Treasury pursuant to sections 602(f) and 603 (f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the follow' ing: i. uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements Of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award, I Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set foith in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation information 2 C.F.R, Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby 'incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension on roc 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, Subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury' implementing regulation at 31 C.F.R. Part 19. * ys 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 or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3 601 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 programs, activities and services provided or made available by state and local governments or instrumentalities or agencies 'thereto. Remedial Actions. In the event of Recipient's noncompliance with sections 602 and 603 of the Act, other applicable laws, Treasury'si lementmig regulations, guidance, or any reporting or other program requirements, Treasury may impose additional IMP conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of sections 602(c) or 603(c) of the Act regarding the use of ftinds, previous payments shall be subject to recoupment as provided in sections 602(e) and 603(e) of the Act. 11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees wbose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12. False Statements. Recipient understands that raping false statements or claims in connection with this award is a violation of federal law and may result in crimmial, 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 fTom 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 to Grant County, Washington by the U.S. Department of the Treasury." 14. Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603 (e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government b. Any debts determined to be owed the federal government must be paid promptly by . Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. J5. Disglaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of injury, Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the, United States and Recipient. _16. Protections for whistleblowers. a. In accordance with 41 U.S.C. § 4712.7Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant., a substantial and specific danger to public health safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant, b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector Gen'eral; iii, The Governnaent Accountability Office; iv. A Treasury employee, responsible for' contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has theonsibility to investigate, discover, or address misconduct. resp c. Recipient shall inform its employees in writing of the rights and remedies provided under this sectionin the predominant ,native language of the workforce. , 11._Jncreasing.,Seat Belt I Tqp, in the United Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and 'enforce on-the-job seat bett policies and programs for their employees when operating company-owned, rented or personally owned vehicles. 18. Reducing Text Mess s=hn 9 -While DiiYiM Pursuant to Executive Order 13513, 74 FR 51225( , , Oct. 62009)Recipient should encourage its employees, subreciplents, and contractors to adopt and enforce policies that ban"text messaging ng whi �.place safety policies to decrease accidents caused by distracted drivers. Recipient should establish worl le driving, and OMB Approved No. 15050271 Expiration Date: 11/30/2021 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 federal grants, loans and contracts to provide assistance to the i i I in (hereinafter referred to as "the Recipient") provides the assurances stated herein. The federal financial assistance may include at below market value, Federal ti -ani i recipient s beneficiaries, the use or rent of Federal land or property iing, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insuranceregud programs, late licenses, procurement contracts by the Federal government at market valueor programs ., that provide direct benefits. This assurance applies to all federal financial assistance from or fun,ds 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 manner I Proscribed above. 1. Recipient ensures its current and future -compliance with Title vi of the, Civil Ri prohibits exclusion from participation, denial of the benegfits Act of 1964, as amended., which fits of,'or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on theground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR 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 Service Pros for Persons with Lirmited 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 VI of the Civil Rights Act of 1964 and the Department of the Treasury's Rnplementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient -understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. 3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource e n , the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit b1W.,//wwW.le X.gov. 4. Recipient acknowledge's 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 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.contract ors2 subcontractors, successors, transferees, and assignees to co with assurances 1-4 above, and agrees to incorporate the following language in very comply 4 contract or agreement subject to Title VI and its regulations between the Recipient e contractors, subcontractors, successors, transferees, and assignees: and the Recipient Is sub -grantees, The sub -grantee, contractor, subcontractor, successor, which transferee, and assignee shall comply with Title V_T of the Civil Rights Act of 1964., prohibit's •recipients offederalfinancial assistancefrom excludingfrom aprogram or activity, denying benefits of, or otherwise discriminating •against a person on the basis of race, 42 U.S.C. § 2000d et seq), as implemented by the Department of the Treasury's Title V1 national origin (color, or regulations, 31 CFR Part 2Z which are herein incorporated by reference and made apart of this contract (or agreement). Title V1 also includes protection to persons with "'Limited English Proflelency "' in any program or activity receiving federal financial 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 by reference and made a part of this � contract or agreement Is property structure 0 6. Recipient understands and agrees that if any real prop or ture - s provided •or improved with the aid of federal 1' financial assistance by the Department of the Treasury', this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a putpose for which the federal financial assistance is extended or for another Purpose involving the provision of shmilar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership possession of the property; ip or 7. Recipient shall cooperate in any enforcement or compliance review activities mby the Department of the Treasury of the m aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. That is, the Recipient shall comply with information requests, on-site compliance reviews, and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act 0-f 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VL 9. Recipient must provide documentation of an administrative agency's or courtIps findings Of nova -compliance of Title VI and and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of these If Recipient has not been the subject of any court or administratvei agency finding of discrimination, please so state. 10, If the Recipient makes sub -awards to other agencies or other entities, the Reci lent is responsible for ensuri that IPI 1P Ing sub -recipients also complywith Title VI and other applicable authorities covered in this document State agencies that make sub -awards must have in place standard grant assurances and reviewprocedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub -recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may rake In pplicable federal law, address violations of this document or a ak order to Under penalty ofperjury, the undersigned offic* lal(s) certifies that he/she has read and understood its I obligations as herein described, that any information submitted in conjunctionwith this assurance document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondisc i i ation requirements. runin ar I _t QA Re t (n, Date 67 � Siggnat 6m f Auth orized OUfficial:' 4DannTE-Sto—n—e,-RCFCC-e[Tair---,o PAPERWORK REDUCTION ACT NOTICE – —4-C) The informationcollected will be used for the Us. Goverment to process requests for support. he estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate a -ad suggestions for redlicing this burden should be directed to the Office of Privacy, Transparency and Records,, Department of the Treasury, 1500 Pennsylvania Ave.coll 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 ection of information unless it displays a valid control number assigned by OMB. 0 U.S. DEPARTMENT OFTHE TREASURY Separately or in addition, many recipients may choose to provide a subs contract or rant to other entities p ward (e.g., via grant) ities to provide services to other end—users. For exam a recipient may example, p y provide a grant to a nonprofit to provide homeless services to individuals experiencing homelessness. In this case, the subaward to a nonprofit is based on th services that the Recipient intends to provide, assistant e p e to households experiencing homelessness, and the nonprofit is serving as the subreci ient providing behalf of the recipient. Subre ' p � p g services on p cipients are subject to audit pursuant to the Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements. 12. Special Tests and Provisions. Treasury has received comments o ' after n the Interim Final Rule and will adopt a final rule a responding to these comments. In addition, Treasury may add clarifications to the Final Rule and other subregulator guidance frequently asked questions. y g as well as Across each of the compliance requirements above, Treasurydescribed ment of intern bed some best practices for development al controls. The table below provides a brief description and example of each best practice. Table 1: Internal controls best practices written palicie's and : procedu"res 'Formal d" ocumenfiatron of reci Documented procedure" for pent policies and g g ility", determinn ,worker ell " ib . . ... ....... . . rocedures Formal :sfia-ternent °f.rn iss ion, . "and for remium ' a V., „` . Do"cu" rnented`<code of c onduc ;Written >standards of conduct values; principles, ethics for subcontractors° Risk-based due di igence professional standards 1're- a .- p yment validatons Enhanced "eligibility review of conducted according to an subrecipienfi wifih,im "erfec p t Risk-based compliance assessed level of risk On oin vafi`" g g dafiions conducted Pe: forrna'nce histo `. �" Higher degree of rnonitonn for monit0' n g , according .to `an assessed .le el- g . ro p sects that'hav6 a h�gh`er risk of nsk of fraud, ;given program" " 7 77tPr maintenance and retention Creation and" sto:ra e of ` g characteristics S' . forage of all: subrecpient J�pRecord financial and non-financial payment informafiion. records". E. Award Terms and Conditions The Award Terms and Conditions of the SLFRF financial assistance agreement lents pursuant g ernent sets forth the compliance obligations for reci p p suant to the SLFRF statute, the Uniform Guidance, and Treasury's Interim Final Rule. Recipients should ensure the remain i ' all Award Terms and Conditions. These obligations y n compliance with ligations include the following items in addition to those described above: ' 1= S191gov°Requirei•neis. All eligible recipients are also System p o required to have an active registration with the S y em for Award Management (SAM) (https://Www.sam.gov). To ensure timely receipt of fundin g, Treasury has stated that Non -entitlement Units of Government (NEUs) who have not previously registered with v SAM. o receipt of the award, but before the sub g may do so after mission of mandatory reporting.7 2. Recordkeeping Requirements. Generally, your organization must maintain aintain records and financial documents for five years after all funds have been expended 4 p ed or returned to Treasury, as outlined in paragraph .c, of the Award Terms and Conditions. Treasury may 7 See flexibility provided in https://www.whitehIouse.gov/wp-content/u loads/2021/0 p 3/M_21 _20. pdf. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance WE Karrie S. Stockton From: Christine Erickson co. <cerickson2012@ mail > g m Sent: Friday, February 16, 2024 7:59 AM To: Karrie S. Stockton Subject: Port #4 Karrie -Here is what I learned this morning. The Port was alreadyassigned g a number but it expired some time ago. So, since I am having to update, they are requiring proof of entity so I have sent in the documents they requested and it will be next week before they will make a determination if I can continue to validate the registration. The guy I talked to said it could take up to a month before we receive our UEI number. Does that sound about right? Anyway, I won't bug you again today. I am requesting a raise at our next meeting, however! Have ao will know more next week god weekend and holiday. Hopefully, Chris Erickson