Loading...
HomeMy WebLinkAboutGrant Related - BOCC (002)GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: BOCC DATE:3/21/2024 REQUEST SUBMITTED BY: Karrie Stockton PHONE:@Xt. 2937 CONTACT PERSON ATTENDING ROUNDTABLE: Karrl@ Stockton CONFIDENTIAL INFORMATION: DYES ONO Lw ; r DAgreement / Contract D Bids / RFPs / Quotes Award ❑AP Vouchers ❑ Bid O enin Schedul p g ❑A ointment pp /Reappointment ®ABPA Related ❑Computer Related ed ❑County Code ❑Boards /C ommittees ❑ Emerenc Emergency Purchase 1:1 Budget D Facilities Related ❑Financial D Funds D Employee Rel. D Invoices / Purchase Orders ® Grants — Fed/State/Count y D Leases D Heari ng DMinutes 1:1 Policies ❑Ordinances ❑Out of State Travel ❑MOA/ MOU ❑Pett y Cash El Recommendation D Proclamations DProfessional Sery/Consultant D Request for Purchase DSu ort pp Letter D Resolution ❑Tax Levies ❑Thank You's DTax Title Property ❑Surplus Req. DWSLC B American Rescue Plan Act (ABPA) Agreement with g Grant County Fire District 3, in the amount of $100,00.00. Term of March 3, 2021 throu ht g September 30, 2026. DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: D2: " D3: DEFERRED OR CONTINUED TO: ARPA BENEFICIARiT AGREEMENT This ARPA Beneficiary Agreement ("Agreement") is dated as of the 4th day of May , 2023 by and between Grant County, a Washington political subdivision' g p and the entity Grant County Fire District #3 (Federal Tax ID# 91-606314 , UEI # NCJCRKY9WL8 ), a Washington State Junior Taxing District ("Beneficiary"). WHEREAS, the U.S. Department of the Treasury has allocated to the Count $18,983,490.00 of federal stimulus fundingfrom the Coro Y Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Funds under CFDA No 21.027 ("ARPA Funds") under Section 602 (b) and 603(b) of the Social SecurityAct as amended � d by Section 9901 of the American Rescue Plan Act ("ARPA Act"), for the limitedu oses identified p rp in the Agreement between the Treasur and Grant County designated under FAIN # #SLF RP2169 (Agreement), identified as the Coronavirus State and Local Fiscal RecoveryFunds Fin("Final» identified as al Rule Rule ), and the Compliance and Reporting Guidance for State and L Recove Funds�"Compliance & ocal Fiscal Reporting Guidelines"), identified as are attached hereto and incorporated herein by this reference. WHEREAS, the County desires to allocateortions of the ARPA A Funds awarded to Grant County In support of the provision of fire and public safety services Notable negative economic impacts by the Beneficiary include y the following. The COVID-19 pandemic provided experientially and through exposing potential shortcomings in services in times ofan N demics and states of emergency, that emergency services such as fire districts lacked capacity and certain services for fulfillingthe 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 other public safetyservices es (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 rant sufficient resourcesg to provide the Beneficiary with su to proceed as allowed under the Attachments A & B. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below, thea p rhes agree as follows: Page I of 9 ABPA BENEFICIARY AGREEMENT This ARPA ]Beneficiary Agreement ("Agreement") is dated as of the 4th day of May 2023� by and between Grant County, a Washington political subdivision ("Cou ty"), and the entity Grant county Fire District #3 (Federal Tax 1D# LeDLa it lur-r-I Junior Taxing District Ll a •Washington State ("Beneficiary"), AREAS, the U.S. Department of the Treasury ("Treasury"}has allocated to the County $18-983,490.00 of federal stimulus funding from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Funds under CFDA No. 21.027 ("ARPA Funds" ) under Section 602 (b) and 603(b) ofthe Social Security Act, as amended by Section 9901 ofthe American Rescue Plan Act ("ABPA Act"), for the limited purposes identified in the Agreement between the as a ant -10un' -'ro u n" - L' 0 , e C e Treasu and Grant County designated under FAIN # #SLFRP2169 (Agreement), identifid a identified as the Coronavirus State and Local Fiscal Recovery Funds Fl"nal Rule ("Final Rule"), and the Compliance and Reporting Gu' Guidance for State and Local Fiscal Recove Funds mpliance & Reporting Guidelines"), identified as are attached hereto and incorporated herein by this reference. gi6"" WEEREAS, the County desires to allocate portions of the ARPA Funds awarded to Grant County in support of the provision of fire and public safety services Notable negative economic impacts by the Beneficiary include` followmg: The COVID-19 pandemic provided experientially and through exposing potential shortcomings in services in times of pandemics and states of emergency, that emergency services such as fire districts lacked 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 Mew. W -REAS, the County believes the provision of police, fire, and otherpublic safety services (including purchase of fire trucks and police vehicles) qualifies this project as an eligible use of ARPA Funds as outlined previously. AREAS, the County and Beneficiary desire to enter into this Agreement so that the County may advance ABPA, Funds via a direct economic support grant •to provide the Beneficiary with sufficient resources to proceed as allowed under the Attachments A & B. NOW, TBEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and condit* Ions set forth below, theparties agree as •follows: Page 1 of 9 1. Effective Date and Term. This I Agreement shall commence when last executed by all parties and remain in effect until 01--ecember 31 2026,1., unless terminated by the County in writing, 2. .RPA Funds. The County agrees to provide to the Beneficiary a total dollar sum not to exceed $ 100,000 on aRelmb - ursement Payment. for eligible costs incurred during the period of March 3, 202 1, throu r ------ gh September 30, 2026 based on eligibility criteria outlined in !A�ta�h�n.e�.t_�;;, Scope of Work. 3. Reimbursement Request S For entities receiving •ARPA Funds on a reimbursement basis, to facilitate release of ,RP A funding to the Beneficiary, the Beneficiary will submit a detailed invoice in a form specified and approved by the County, no more frequently than monthly and at minimum on a quarterly basis, detailing the eligible expenses the Beneincurred by Beneficiary for which Reimbursementis being requested. Each Reimbursement request submitted by the Beneficiary will include a signed certiffication by the Beneficiary that such igi ty expenses represent el* He expenses incurred by the Beneficiary based on the eligibili criteria outlined in Attachment D and that such expenses have not been nor will be reimbursed under any other government or private entity program. Such schedule may be modified with the prior approval of the County. Fa•ilure to provide •any of the required documentation may result in termination of the Agreement and in thewithholding and/or nonpayment of all rem ' ' Agreement. aining funds awarded to the Beneficiary by the'County under the 4. unnort.For entities receiving ARPA funds as an advance payment, a progress and final report will be required when the funding has been expended. At the discretion of the BOCC, •all entities in this category may be required to provide a narrative budget either at the time this agreement is signed or along with the progress and final report. 5. Ineligible Uses. Non -allowable uses of ARPA Funds •include, •without limitation, the following: a) usage of funds to either directly or indirectly •offset a reduction in net tax revenue resulting from a change in law, regulation or administrative interpretation during the covered period that reduces any tax or delays the imposition of any tax or tax increase; b) damages covered by insurance; c) usage of funds as a deposit into any pension fund; d) expenses that have been or will be reimbursed under any federal program- e) debt service costs; f) contributions to a "'rainy day" fund; g) legal settlements and h) any and all other ineligible uses listed in the Final Rule. 6. Termination. The County may terminate this Agreement, for convenience or otherwise and for no consideration or damages, upon prior notice to the Beneficiary. 7. Indevendent Contractor. Eachparty under the Agreement shall be for all uroses an Independent Contractor. Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of prm*ci*pal and agent, or employer and employee between the parties. The Beneficiary shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. Page 2 of 9 84 Indemnification. r The Beneficiary agees to defend, indemnify and hold the County, its officers, Officials, employees, agents and volunteers harmless from and aga"nst any and all claims, injuries, damages, losses or expenses including without limitation personal injury bodily injury, sickness, disease, or death, or damage to o , r 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 Beneficiarys ' performance or failure to perfonn under this Agreement. The section shall survive the expiration or termination of this Agreement. 6 1 4 4, 9. coniffliance with Laws., Guidelines. telines. The Beneficiary •shall comply with all federal, state and local laws and all requirements (including debarment •and other required certifications and audits) of Attachments A & B, and Compliance & Reporting Guidelines to the extent applicable, when disbursing ABPAFunds to Beneficiary or when seeking Reimbursement from the County. 10. Maintenance and Audit of Records. The Beneficiary shall maintain records, books documents, and other materials relevant to itsperformance under this Agreement. These records shall be subject to inspection, review and audit by the County or its designee, the Washington State Auditor's Office and as required by Attachtnents 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 reimburseBeneficiary agrees to promptly the County for such payments upon request. 11. Notices. Any notice desired or required to begiven hereunder shall be in writing, and shall be deemed received tht-ee (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time * in writing forwarded in like manner-, Rgnefj�Ca, Organization: Grant County Fire District #3 Contact Name:AnAeLLLo, � Le,[be Address: P.O. Box 565 -J City/State/Zip Quincy, WA 98848 Grant CpAnpL., Grant County Commiss, ioners P.O. Box 37 Ephrata, WA 98823 12. Impro-ver Influence., Each party warrants that it didnot and will not employ, retain., or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, •maintaining, or extending this Agreement. Each party agrees.,, warrants " and represents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining, or extending this Agreement. Page 3 of 9 13. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. 15. -Survival. The provisions of this Agreement that by their sense andpurpose should survive expiration or termination of the Agreement shall so survive. Thoseprovisions 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. Governim 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 conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Grant County, Washington or as provided by RCW 36.01.050. 18. Non -Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof; nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 19. B M -ding Effect, This Agreement shall be binding upon and inure to the benefit of theparties hereto and their respective successors. 20, Assijznment, The Beneficiary shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 21. Entire Aareement. This Agreement constitutes the entire agreement between the County and the Beneficiary for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 22. No Third Party 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 provision shall not limit any obligation which either Party has to Treasury in connection with the use of ABPA 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 jurisdiction or agency having jurisdiction 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. Counterparts. 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. Authorization. 25. Auth n. 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 forrhorn y •sign. gn. IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. %-.A- DATED this C�'dqy of VY\ —i -i � .92023. BENEFICIARY ORGANIZATION: Grant County Fire District #3 PRINTED NAME:Ai,011 Tr T I TL E:� { . f SIGNATURE: DATED s thiday of 2023. ATTEST-. Barba J. asq ez, Clerk a rd ApprovedaS toForm: "X 41 Rebekah 11fI. Kaylor, WSBA#: 53527 Deputy Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WAS -H -1-N ON Rob Jones, it Cindy Carter, ice Chair 64aniritc 1j, E tone, Member JI/ Date Page 5 of 9 ATTACHMENT A INTERAGENCY AGREEMENT BETWEEN TIE U.S. DEPARTMENT OF TREASURY ANIS GRANT COUNTY Attachment A to be provided ars a separate document Page 6 of 9 ATTACEMENT B U.S. DEPARTMENT OF TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINAL RULE EFFECTIVE 4-1-2022 httos: //bome.treasurv. gov/system/Ci les/l 36/ SLFRF, -F inal -Ru Page 7 of 9 ATTACHMENT C U.S. DEPARTMENT OF TREASURY COMPLIANCE AND REPORTING GUIDANCE FOR CORONAVIRUS STATE AN -D LOCAL FISCAL RECOVERY FUNDS DATED 9-20-22 Version 5.0 https.-/,/home.treaSLir system/ -Fl I es/ 1 3) 6,,'SL FU - I Como li atice-and-Report imp,-GuidqLj� Page 8 of 9 ATTACHMENT D SCOPE OF WORK The Board of Commissioners is directing to provide the Beneficiary a total dollar amount not to exceed $-100,000 of ABPA. Funds 'in support of the on-going provision of fire district services to their residents. During the COVID-19 pandemic, local fire districts were severely taxed while providing for their role as emergency responders in local 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: I Eligible Costs include equipment and training ensuring the fire district has adequate resources 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 aReimbursement Payment basis. All funds are to be disbursed no later than September 30, 2026. 3. Reporting The ABPA funding will be provided via warrant to the Beneficiary upon its submission to the County of expenditure details, together with copies of invoices, receipts and other supporting c e on r each expense do. :dffi fifd-ti 'fo__ e' h for"Al"61 r'eim­bur'­s*em­ent­is with a �1*`g'ned certification by the Beneficiary that such expenses represent eligible expenses incurred by the Beneficiary based on the eligibility criteria outlined above and that such expenses have not been nor will be reimbursed under any other government or private entity program. The Beneficiary may only submit one request for reimbursement per month and at minimum on a quarterly basis. This will ensure the eligibility of the expenditures consistent with the application requirements prior to payment. The Beneficiary reporting obligations listed above will not be required if one or both statements below are checked: 4k A narrative budget •and plan has been previously submitted by the applicant and approved by the BOCC. A 4 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 ai K22--106 OMB Approved No. 1505-0271 Ri'VED Expiration Date: 11/30/2021 MAY 1 0 202.2 COR U.S. DEPARTMENT OF THE TREASU_ R1_' CORONAVIRUS STATE AND LOCAL FISCAL RECO RY FUNDS.. _TD - Recipient name and address: IP DIU��NS Number: 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 No. 117-2 (March I I of the, American Rescue Plan Act, Pub. L. , 202 1) authorizes the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. I Recipients hereby agrees, as a condition to receiving ' such payment from Treasury, agrees to the terms attached hereto. Recipient: Authorized Representative Signature (above) Authorized Representative Name: Danny E Stone, BOCC Chairr ` Authorized Representative Title: Chair Date Signed: P7, ..... .. U.S. Department Treasury - of the p a . . .. ..... .... Authorized Representative Signature (above) Authorized Representative Name: Jacob Leibenluft Authorized Representative Title: Chief Recovery Officer, 0 ' - -1 ------ ffice of Recovery Programs Date Signed: -June 11 2021 PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U'S' Government to Process requests for support, The estimated burden associatedcollection information is 15 minutes per response. Comments concerning the en ss his of accuracy of this burden estimate and suggestions for reducing this burden to the Office of Privacy, Transparency and Records, Department of the Trea u, 15oo p should be directed form to this address. A 8 M ennsylvania An agency may not conduct or sponsor, and a person is not required to respond to, a Ave,, NX, Washington, D.C. 20220. DO NOT send the control number assigned by ONM. collection of information unless it displays a valid F31 MAY CopjMj1pFjj()jVq- K U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1. Use ofFunds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c) and 603(c) of the Social Security Act (the Act) and Treas-ury's regulations implementing that section and guidance,. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project. 2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. A set forth in Treasury's, implementing regulations, Recipient may use award funds to cover eligible costs incs .urred during the period that begins on March 3., 2021 and ends on December 31, 2024. 3. Reporting,. 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), Treasury'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 .9 shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. Records shall be maintained by Recipient for a period of five (5) years after all funds hav6 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 under this award to cover both direct and indirect costs. 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. B. Conflicts of Interest. 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 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 Applicable Law and Regulations, a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act, regulations adopted by' Treasury Pursuant to sections 602(f) and 603M of the Act, and guidance issued by Treasury regarding the foregoing. Rec4 ient also 1P 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 following: 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. Uniform Guidance Requirerne ts of the U implementing the Single Audit Act, shall apply to this award. n, I Universal Identifier and System for Award Management (SAMA, 2 C.F.R. Part 25, Pursuant to which the award term set Barth 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 to 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 (Nonprocurement), 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's implementing regulation at 31 CZR, Part 19. ' 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 lementing regulations. ix-. Generally applicable federal environmental laws and regulations. Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the followffig: 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 VM of the Civil Rights Act of 1968 (42 U.S.C. § § 3 601 et seq.), whichprohibits 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 H of the Americans with Di'sabilitieg 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. 10. Remedial Actions., In the event of Recipient's noncompliance with sections 602 and 603 of the Act,, other applicable laws IMPm , Treasury's i leenting regulations, guidance, or any reporting or other program requirements, Treasury may impose additional 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 section's 602(c) or 603(c) of the Act regarding the use of funds, previous payment shall be subject to recoupment as provided in sections 602(e) and 6*03(e) of the Act. s 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 whoseprincipal employment is in connection with an activity financed in whole or in part by this federal assistance. 12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating 'in federal awards or contracts, and/or any other remedy available by law. 13. Publications. Any publications produced with funds from this award must display the following language: "This project is being] . [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to Grant County, Washington by the U.S. Department of the Treasury." -14. DebtsOwedthe, 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 inparagraph 14(a), Treasury will take any actions available to it to collect such a debt. .15. Disclaimer., a, The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of i' 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, Recipient 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 or 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 General; in. The Government 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 the responsibility to investigate, discover, or address misconduct, c. Recipient shall inform. its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 17. Increasing Seat Belt Use in the United States _. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and 'enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. 18. Reducing Text Messaging While Driving . Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 612009), Recipient should encourage its employees, subrecip lients, and contractors to adopt and enforce policies that ban. text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. OMB Approved No. 15050271 Expiration Date: 11/30/2021 ASSURANCE OF COMPLIANCE WITH CML RIGHTS REQUIREMINTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department. of the Treasury, the Grant County, Washington (hereinafter referred to as "the Recipienf) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the recipient's beneficiaries, the use or rent of Federal land orproperty at below market value, Federal training, 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 insurance, regulatedprograms, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future, The 4Civil 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 proscribed above. 1. Recipient ensures its current and future -compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, 'or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1.964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningf1al 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, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit btp: Jeilgov 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's 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, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between 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 with Title T7 of the Civil Rights Act of 1964, which prohibits recipients offederalfinancial assistance from excluding aprogram or activity, denying beneflts of, or otherwise discriminating against a person on the basis o ra ec coloror f , , national origin (42 U.S. C. § 2000d et seq), as implemented by the Department of the Treasury's Title V1 regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of' this contract (or agreement). Title V1 also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented bye Department of the Treasury's Title V1 regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the realproperty or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property; i 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the 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 of 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 court's findings of non-compliance of Title VI'and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the fmding. If the 'Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this document State agencies that maire sub -awards must have in place'standard grant assurances and review procedures 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 take in order to address violations of this document or applicable federal law, Under penalty of perjury, the undersigned official(s) certifies that he/she has read and understood its obligations as herein described,, that any information submitted in conjunction with this assurance document is accurate and com'Plete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Ret Signa of Authorized Official' C010 laa Date Qannyt-S= n�e, PAPERWORK REDUCTION ACT NOTICE0 AL, V1 if -45, / a VII The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of e directed information is 15 minutes per response, Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden shouldb ted to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., NX, 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 displas a valid control number assigned by OMB. y