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HomeMy WebLinkAboutAgreements/Contracts - BOCCGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: gOCC REQUEST suBMrr-rED BY: Karrie Stockton CONTACT PERSON ATTENDING ROUNDTABLE: Karrie Stockton CONFIDENTIAL INFORMATION: ❑YES ONO DATE. 3/22/2024 PHONE:ext. 2937 (.� ,,-- UbA �, i. i... ._ _. - ,,:.teaWhat WAmerican Rescue Plan Act (ARPA) Beneficiary Agreement with Grand Coulee Dam Senior Center in the amount of $5,000. Term is March 3, 2021 through September 30, 2026. DATE OF ACTION: P4.2"*- 1 APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: ----------------- ❑Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ®ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget El Computer Related ❑County Code ❑Emergency Purchase El Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ® Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel ❑Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution E:1 Recommendation ❑Professional Sery/Consultant ❑Support Letter []Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB (.� ,,-- UbA �, i. i... ._ _. - ,,:.teaWhat WAmerican Rescue Plan Act (ARPA) Beneficiary Agreement with Grand Coulee Dam Senior Center in the amount of $5,000. Term is March 3, 2021 through September 30, 2026. DATE OF ACTION: P4.2"*- 1 APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: y,24.()96 ABPA BEM MCMYAGMEMNT ARPA Beneficiary Agreement (-,Agreement,,) is dated as of the 27th dayof FebruarY 2024, tnd between Grant Countv. a Washinotnn nnliiinni 110 f Grand Cou'lee Dam Seniors ­VULULY auu Lut; IM11W (FederalTaxID# vEI # _0_TXM9BaffiLLq3),, a Washington State., tax exempt public chadMe organka5m ( "Beneficiary"). f - VAMREAS, the U.S. Department of the Treasury CTreasy"hs allocatd) to the County 18,983,490-00 of federal stimulus fumdin-from tke CoronS the Coronavirus Local Fiscal Recover 9 avirus tate Fiscal Recovery Fund and Recovery Funds under CEDA No. 21..027. "ARTA Funds ",) under Section 602 (by and 603(b) of the Social Security Act, as amended by Section 9901 of the American Rescue Plan Act CARPA. ACO, for the limited - purposes identified in fied the Agreement between the Treasury and Grant C OuntY designated under FAIN # #SLFRP2169(Agreement),., identified as Attachment A. the Coronaviras State and Local Fiscal Recovery Funds Final Rule C"Final Rule"), identified as Attachment B. and the Compliance and Reporting Guidance •for State and Local Fiscal Recovery Funds C"CQmpliance & Repord Guidel' s"identiMg ine fled as At—kchment C. Attachments A. B & C are attached hereto and ed herein by this reference. incorporat WB REAS, the Coun'ty desires to alloc"ateportions of the ARPA Funds awarded to Grant Copnty in Support of-repladng lost revenue for 10cw non-profit organixations serving our under -served Population 'Notable negative e c0n0nuic impacts by the Beneficiary include the following: Ldst revenue from curtailed operations. The population these amities some are some of the most heavily impacted groups during the pandemic. Our seniors were the most vulnerable to negative physical and social impacts of COM - D -I 9 and were kept away from services such as .Copgreg . ate meals and social activities. These entities need an infusion of funding to restore their services to the velry vunerable. WHEREAS, the County believes the provision of non-profit fbod assistance and nut on programs qualifies this project as an eligible use of Funds, as outlined previously. WBEREAS, the County and Beneficiary desire I to enter this Agreement so that the County may advance ABPA. Funds via a direct ec OnOMIC SITPOrt 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 n 'vT_- V El_.� reference, and the terms and conditions set forth below, the parties . PaCrEw I nf 0 (-hR 2 1 2024 C 0 R S Effective Date and Term. 'This Agreement shall commence when last executed b py all arties and remain in effect until December 31, 2026, unless terminated by the County in writing - AREA —Funds, The County agrees toprovide to the Beneficiary a total dollar sum not to exceed $ 60000 incurred I --- ona advance payment basis for eligible costs e all.* during the period Of March 3,,.2021 !1 -- a through September 30, 2026 based on .R.Obility criteria outlined in Attachment D, Scope of Work., 3. Reimbun. ement .0.0 Re• basis Re S ort- For entities receiving ABPA Funds ona. reimbursement 0 11 1 to '5facilitate release of ARPA funding to the Beneficiary, the Beneficiary will a detailed'.invoice m a submit * form specified and approved by the County, no more frequently than monthly and at, mum on .a quarterly basis, detailing the eligible expenses incurred by the Ben6ficiary for which Reirabursem entis being requested. Each Reimbursew submitted by the Beneficiary will include a signed certificati ent request on by the Beneficiary that such a S" expenses represent eligible expenses incurred by the Beneficiary based on. the eligibli 2 ity criteria outlined in Attachment D. and that such expenses h�ve not been I will be aent or private entity proms. reimbursed under any other govemr Such nor schedule may be modified with the prior appToval of the County. Failure to provide any M, team' documentation way result ' Of the required ination. •of the Agreement and in the withholding and/or nonpayment of all remaining fids awarded to the Beneficiary by the County 'under the Agreement. 4. Advance-nnent vmort. For entities rece- Progress and final rePort will be Wing ARPA funds as an advance Payment, a requimd when the funding has been expended - At the discretion of the BOCC, all entities M' 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. .1neh ble 'z" t)Wises•--allowable uses of ARIA. Funds include3, without limtaton V NOn the following ' -4) usage Of funds to either directly or indirectly offset a reduction - revenue resulting from a change in law, regulation or m net tax administrative •interpretation during the covered period that reduces any tax or delays the IMPO bda.. S'UO:R Of any tax Or tax increase; ) mages covered by m-surance; c) usage of funds as a deposit into expenses that have been or will be reimbursed under any any pension fund; d) costs; f) contributions to a ""rainy days,' fund, legal federal Program; e) debt service 46 9) settlenients, and h) any and all other ineligible uses listed in the Final Rule, 6. lermination.The County play rter minate this Agreement, for C for no consideration or damages, upon onvemence or otherwise and prior notice to •the Beneficiary - 7. In d Co Each Independent Contractor. 'Darty under the Agreement shall be for all purposes an Nothing contained herein will be deemed to create an association a partnership, a joint venture, or a relationship of principal and agent, or e n nvf%,. P emand ployee between the arties. The Beneficiary shall not be, or be de vJL emed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. paap. 7. nf 0 hidemnificationg, The Beneficiary agrees to defend, indemnify and hold the Counits ty. officers, officials, employees, agents and volunteers harmless from and against any and all * 16 clain." , injunes, damages, losses or expenses including without ltation personal bodily . Ujry. Mi . sickness, disease, or death, or damage to or destruction of injuM are alleged or proven to be caused in whole or in part by an act pr�pe�gty.. which Beneficiary, its officers I Or Omission of the .. directors, employees, and/or agents relating to the Beneficiary's performance or failure to perform under this Agreement. The section expiration or termination of this Agreement. shall survive the 9. Conifiance Mdt _ h Laves Quidelines. 'The Beneficiary shall comply with all federal,, state and local laws and all requirements(inc luding debarment and other required certifications and audits) of Attachments A& 13, and Compliance & Reporting Guidelines to the extent applicable,, when disburs" Mg ARPA Funds to Beneficiary or when seeking Reimbursement from th6 County. 1 0, MalLnten .mce and .Audit of, Kecord documents,, and S. The •Beneficiary shall maintain records other materials relevant to its Performance under this ? records shall be sub I* ect to * ection Agre •These ins review I and audit by the County or its des* Washington State Auditors Office and as 0 ignee, the required by Attachments A & B, and Compliance & Reporting Guidelines for five (5) y ears after all funds have been, expended or roturned. If it is determined du'mng the course of the audit that the Benefic glary was reimbursed for unallowable costs under this Agreement the Beneficiary agrees to promptly reimburse the County for such paymepts upon request l 1.Lotices. Any notice desired Or required •to begiven, hereunder shall be m- writing, three (3) days after deposit with the U.S. Postal Service be deemed received t and shall postage fillyaid, 'ertfied mA r"Otum receipt requested, and addressed to the party to which it is antended at its last known address, Or to such Other,Person or address as either designate to the other from time time * party shall to in. writing forwarded in like manner: ane c Organization: Grand coulee Dam Seniors Contact Name:_rf Address: 203 Main stvo City/State/Zip Grand Coulee, WA 99133 41 errant Caun -,A : Grant County Commissioners P;O- Box 37 Ephrata, WA 98823 12. 1Moroper,Muence, Each party warr ants that it did not and will not employ, retain, or contract with any person Or entity on a contingent corapensation 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. P§Iap 01 of 4 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. lime. Time is of the essence in this Agreement. 15. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment. No amendment ormodification to the Agreement will be effective without the prior" written consent of the authorized representatives of the parties. 17. .Lml Law; Venue. The Agreement will, be governed in all respects by the laws of washiniton. State, both as to interpretation and performance, iwithout: regard to conflicts Of law or choice of law provisions. Any action arising out of or in connection with. the .Agreement may be instituted andaintained only in. a court of competent jurisdiction Grant County,, Washington or as provided by RCW 36.01.050. 18. on- aiver. No failivre on- the part of the County to exercise, and no delay 'in exercising,, any right hereunder shall it operate as a wavier thereof; nor shall any single orP artialexercise by the County of any . ri ght 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. 40 It 19. IB Effect. This Agreement shall be binding upon and inure to the benefit of-theparties hereto and their respective successors. 20. Assianment. 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. 210 Entire A. cement. 1his 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 PMly 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 ARPA Funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement, 23. S 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 fuU force and effect and the invalid provisions shall be deemed deleted, lea cry A of 4 24. 250 Countema This Agreement may be executed inoneor more counterparts shall be deemed an any of which instrument. cert but all of which together shall constitute one and the same Authorizatian ft AP Power and --, Each party signing below warrants to the othe]r party; that they have the full authority to execute this Agreement IN WITNESS WHEREOF . on behalf of the Party for whom they sign. j this Agreement is executed 'becomea the last date si below. an AMve as of DATED this day of 2024. BENEFICURY ORGAmzATION:brand Coulee Dam Seniors PRMTED NAAR: 7 TL — C lio' SIGNATURE: /2,4izL CX,, 1" JAA,11,4-A-le J DATED this day 0, 24. 02-. A ST: Boud B b J. Vasquez, ' 1 r �ofA=Ved to .,,F0rm:. ----------- Rebekah M.�' WSBAM - 53527 Deputy prosecuting , Attomey Damnny E. tone, Vice Chair Rob er .2 Date Paorp g of a all ATTACHMENT A INTERAGENCY AGREEMENT BETWEEN THE U.S. DEPARTMENT OF TREASURY AND GRANT COUNTY Attachment A provided as 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 htlps://home.treasM.gov/system/files/136/SLFRF-Final-Rtile. f 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 https:Hhome.treasury.gov/systemlfiles/l36/SLFRF-CoMpliance-and-Reporting-Guidance.-odf 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 $ 5,000 of ABPA Funds in Support of Assistance to Impacted Nonprofit Organizations (Impacted or Disproportionately Impacted) reported as 2.34 under 2 -Negative Economic Impacts in the SLFRF Compliance Report. Expenses under this grant must meet the eligibility criteria outlined below: 1. Eligible CostS Any costs associated with the provision of nutrition programs to those served by senior centers as a disproportionately impacted population during the COVID-19 pandemic. 2. Program Funding and Award Amount The County shall make $ 5,000 of ABPA funds available under Attachment A that will be paid to the Beneficiary on a advance 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 documentation for each expense for which reimbursement is requested, along with a signed certification by the Beneficiary that such expenses represent eligible expenses incurred by the Beneficiary based on the eligibility criteria outlined above and that such expenses have not been 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: 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 .11N.42-106 APPROVED OMB Approved No. 1505-0271 Expiration Datc., 11/3 0/2021 MAY 10 202.2 U.S. DEPARTMENT OF THE TREAS CORONAVIRUS STATE AND LOCAL FISCAL RECO ERY FUNDS Recipient name and address-, DUNS Number: 010202562 Grant County, Washington Taxpayer Identification Number: 916001319 35 C Street NW Assistance Listing Number and Title-, 21.027 Ephrata, Washington 98823 Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub, L. No. 117-2 (march 11, 202 1) authorizes the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. Recipients hereby agrees, as a condition to receiving such payment from Treasury, agrees to the terms attached hereto. Recipient: Cindy Carter, Vice -Chair Rob Jones, Chair Lu V)211 . I Authorized Representative Signature (above) Authorized Representative Name: Danny E Stone, BOCC Chair Authorized Representative Title-, Chair Date Signed: Al U.S. Department of the Treasury: Authorized Representative Signature (above) Authorized Representative Name,, Authorized Representative Title-, Date Signed: Jacob Leibenluft Chief Recovery Officer, Office of Recovery Programs June 1, 2021 PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for sipport. The estimated b-urden associated with this collection of information is IS minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., 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 displays a valid control number assigned by OMEB. 7Z E E I V E 4 0 -1 A Y I GRANT (MUNTY COUJIV11,9, '310NERS* U.S. DEPARTMENT OF THE 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 compliance with sections 602(c) and 603(c) of the Social Security Act (the Act) and Treasury's regulations implementing that section andg uidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional managerial, a financial capability to ensure proper planning, management, and completion of such project. g and p P J 2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31 2026. set forth in Treasurys implementing regulations, Recipient may use award funds to cover eligible costs inc As that begins on March 3, 2021 and ends on December 31, 2024. g erred during the period 3. ReDortin_g_. 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),Treas regulations implementing ( ) Treasury's re lations im lementin 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 re resentative shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits representatives,, or other investigations. 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 under this award to cover both direct and indirect costs. L. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. 8. 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 a § . .. �' ward. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, an p g tY9y potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 9. Compliance with Applicable Law and R 1gulations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act, regulations adopted b * Treasury pursuant to sections 602(f) and 603 (f) of.the Act, and guidance issued b Treasury regarding theforegoing. p ' Y agrees to comply with all other applicable federal statutes, re Y � g g foregoing. Recipient also 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. Pa rt 200, other than such provisions as Treasury may determine are ina licable to this Award a ' exceptions as maybe otherwise xovided b pp and subject to such P y Treasu ry Subpart F — Audit. Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System. for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award t set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. term iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, ursuant to which the award set forth in Appendix A to 2 C.F.R. Part 170 is herebyincorporated b refe p d term rp y reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 180, including the requirement to include a to • • p � p )� 2 C.F.R. Part q . 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 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix X11 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. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discritnination 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. 10. Remedial Actions. In the event of Recipient's noncompliance with sections 602 and 603 of the Act, other applicable laws, Treasury's implementing 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 sections 602(c) or 603(c) of the Act regarding the use of funds, previous payments shall be subj ect 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 whose principal 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 lava. 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. 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. 15. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of 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; iii. 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. 6, 2009), Recipient should encourage its employees, subrecipients, 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. 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 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 or property 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, regulated programs, 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 fiends 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 recipXent'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 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have 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, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit bM://WWW.Iep.goy. 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 VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity; denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S. C. § 2400d et seq., as implemented by the Department of the Treasury's Title VI 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 real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property; 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 finding. 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 make 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 taw. Under penalty of perjury, the undersigned official(s) certifies that he/she has read and understood its obligations as ti herein described, that any information submitted in conjunction with this assurance document is accurate and complete, and that the Reci mp rent is in coliance with the aforementioned nondiscrairimiation. requirements. P Re t Date Signa. of Authonzed Official: 4Darnny-ESVOTI —e,, Mtt-ClTair" PAPERWORK REDUCTION ACT NOTICE VLcs &�-,Ac`. The information collected will be used for the U.S. Government 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 and suggestions for reducing this burden should be directed 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 displays a valid control number assigned by OMB.