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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: BOCC REQUEST SUBMITTED BY: Karrie Stockton CONTACT PERSON ATTENDING ROUNDTABLE: Karrie Stockton CONFIDENTIAL INFORMATION: ❑YES WNO DATE -4/8/2024 PHONE:ext. 2937 ----------------------------- 11MMEMENE I EM ------------- ®Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ®ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑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 ❑Recommendation ❑Professional Sery/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title. Property ❑WSLCB .. i/. _,� . .i. .., i i ,�.. ✓ 51--`iPA-A /.� .,�i.i � �_ .:.�. �_.. ,... ,�� .s..o .i. i /. - / i / .� ._/,�,.....�........_, _�...�.... /.....�.. ice... �i.i_� i i .,,. ..��iAmerican Rescue Plan Act (ARPA) Benificiary Agreement with the City of Moses Lake to receive funding in the amount of $633,000. Term is March 3, 2021 - September 30, 2026. DATE OF ACTION: � C APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: K24-112 GRANT COUNTY ARPA BENEFICIARY AGREEMENT Updated 3.26.2024 This ABPA Beneficiary Agreement ("Agreement") is dated this 7th day of February , 2024, by and between Grant County, a Washington State political subdivision ("County"), and the entity, City of Moses Lake , Fed e ra l Tax I D#: 91-6007721 UEI #: LBN5R7X7M7R2 (Beneficiary). a Washington State Incorporated City WHEREAS, 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) of the Social Security Act, as amended by Section 9901 of the American Rescue Plan Act ("ARPA Act"), for the limited purposes identified in the Agreement between the Treasury and Grant County designated under FAIN # #SLFRP2169 (Agreement), identified as Attachment A, the Coronavirus State and Local Fiscal Recovery Funds Final Rule ("Final Rule"), identified as Attachment B, and the Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds ("Compliance & Reporting Guidelines"), identified as Attachment C. Attachments A, B & C are attached hereto and incorporated herein by this reference. WHEREAS, the County desires to allocate portions of the ARPA Funds awarded to Grant County in support of assistance for "and disproportionately impacted" classes: Impacted classes experienced the general broad based impacts of the pandemic, while disproportionately impacted classes faced meaningfully more severe impacts often due to preexisting disparities. J Notable negative economic impacts by the Beneficiary includa-the following: The need to provide assistance to impacted huseholds which may include aid for re-employment, job training, food, rent, mortgages, utilities, affordable housing development, childcare, early education, addressing learning loss and many more issues. WHEREAS, the County believes the provision of services by local government to our citizens benefit a wide array of socio-economic groups. Assisting local government with funds to assist homeless households is vital to the continued operations of the programs, to end homeless sponsored by those local governments and ultimately benefits both the under -served and the general citizenry of our area. This provision of services to homeless households. qualifies this project as an eligible use of ARPA Funds as outlined previously. WHEREAS, the County and Beneficiary desire to enter into this Agreement so that the County may advance ARPA Funds via a direct economic support grant to provide the Beneficiary with sufficient resources 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, the parties agree as follows: 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2026, unless terminated by the County in writing. Page 1 of 9 1. Effective Date and Term. This Agreement shall commence when last executed by all 1 20 partim es and reain in effect Lint'110 26 utiless terminated by the County in writing - 2 .ARRA. Funds. The COUnty agrees to provide to the Beneficiary a total dollar sum not to exceed $ 633,000 on a Reimbursement Payment basis, f -or eligible costs - incurred during the period of March 3, 2021, through September 30,, 2026 based Oil eligibility criteria' outlined 'in, Scope of Work. 3. Rein bursernent Request Stionort. For entities receiving.A.RPA Funds on a reimbursement basis, to -.facilitate release of ARRA funding to the-yr- nit . , the Beneficiary will subt n' it 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 incurred by the Beneficiary for which Reimbursement is be' ested. leach Reimb-Lirse'mei t request ing requ submitted by the Beneficiary will include -a signed certification by the Beneficiary t i rYtha suc-h expenses I represent eligible expenses incurred by the Bene'r1ciary 'based on the eligibility criteria outlined in Attachment D and that Such expenses have not been nor will ,be reii-abursed under any otherg,veru ment or private entity program, Such schedule may be modified with. the prior approval 'f the C Ounty, Faflur t of the 0 e Failure b provide any reqUired documentation may result in termination of the Agreement and in the withholding and/or 0. nonpaynient of all rema,inin2 funds awarded to th Beneficiary by the County under the w e, Agreement. 4. Advance payment For entities receiving ABPA funds ayment, a Support. as an advance p, progress and final report will be reqUired when the funding has been ex pended. At the discretion of the BOCC, all entities in this category i -may be, required to provide a narrative budget either at the time this agreement is s i crTong with the pro s and fft al r -port. n ened or-gre s 5* nellaible Uses. Non -allowable uses of ARPA Funds incl. UdeiW1thout limitation the following: a) usage of funds to either directly or indirectly offset a reduction in net tax resulting fi a chan- I 'ittlation `r administrative 'interpretation during revenue resu I om, (.Te in lam, reg .0 the covered peri.O*d that reduces any tax or dela ys the imposition of any tai or taxincrease; b) damages covered by insurance; C) -usage of funds as a deposit into any pension fund; d) e?.penses that have been or will be reimbursed under any . federal program-, e) debt service costs: f) contributions to a "rainy day" fund- lam) '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 other * wise and for no consideration or damages, Upon prior notice to the Beneficiary. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an Independent Contractor. Nothing contained tierein will be deemed t assoc * ation. o create an asso i a partnership, a joint venture, or a relationship of principal and 'agent, or employer and employee between the pat -ties. The Beneficiary shall. not be, or be deemed to be, or act or purport to act. as an employee, acrent, or representative of the County for any purpose. Page 2 of 9 Document Ref: CASE5-JEYCW-6FG85-9VR4D 8. Indemnification. The Beneficiary agrees to defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers harmless from and against any and all claims injuries, 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 Beneficiary's performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Cmpliance with Laws, Guidelines. 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 ARPA Funds 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 its performance 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 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 payment8 upon request. 11. 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, 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: 41 Bene&iaU. Organization.- City of Moses Lake Contact Name: Kevin Fuhr, City Manager Address: 401 S Balsam SL C ity/State/Zip :a jne4 larn I -a- Ira AA44 nQOo= LYXWL:%.Jo -L-'CAA,%X.J a Grant County.Grant County Commissioners .P.O. Box 37 Ephrata, WA 98823 12. Iii momr.Influence. Each party warrants that it did not 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 Document Ref; OAS E6-JEYCW-6FG$S-RVR4D 134 Conflict of Interest. The elected and appointed officials and emptoyees, 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. 150 5urvival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so stitwive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 1 1 1 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. Governina 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 competen't Jurisdiction in Grant County, Wasbington or as provided by R 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. 1.9.. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, 20. Ass,ignment, The Beneficiary shall not assign or transfer any . of its interests in or obligations Linder this Agreement without the prior written consent of the County. 21. Entire Agreement, 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 ARRA Funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 23. Sever . 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 Documont Ref'. CASES-JEYCW­OFG8S-9VR4D 24. Counterparts. This Agreement may be executed in one or more counterparts, any of which shalt be deemed an original but all of which together shalt 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, IN WITNESS WHEREOF, this Agreement is executed and shalt become effective as of the last date signed below. DATED this 13th day of March 52024. ]BENEFICIARY ORGANIZATIONO City of Moses Lake PRINTED NAME. - Kevi n F u h r City Manacier a TITLE:—____ , %.# SIGNATURE. c rohr DATED this - 111bq'1/1 . day of 20244 BOARD OF COUNT'-�Y COMMISSIONERS NT COV `4TY� ASHINGTON T 4YAl Cindy Ca4r, Chair Danny E. Stone, Vice Chair Rob J6.n.0er,-Werdber ST: o e Board Date Bar a as J. Vque�N t1l k t rove as. For RebekahM/."Kaylor, WSBA#: 53527 Deputy Prosecuting Attorney Page 5 of 9 Douument Ref: GAS ES -J EYGW,,6FG8 6-9VR4D ATTACH M E-iNT A INTERAGENCY AGREEMENT BETWEEN THE US. DEPARTMENT OF TREASURY AND GRANT COUNTY Attachment A to be provided on a separate document Page 6 of 9 DOCLIment Ref; GASES-JEY0*-6FGSS-9VR4D ATTACHMENT B U.S. DEPARTMENT OF TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS HNAL RULE EFFECTIVE 4-1-2022 r t httl,)s:/)iiome.treaSLII-Y.ti,ov/system/-.Files .I 36/SLFRF-FinaI-RU Page 7 of 9 Document Ref, CASE5-JEYCW-6FGSS-9VR4D ATTACHMENT C U.S. DEPARTMENT OF TREASURY COMPLIANCE AND REPORTING GUIDANCE FOR CORONAVI"RUS STATE AND LOCAL FISCAL RECOV�ERY FUNDS DATED 9-20-22 Vers -loll 5.0 4 1 li,ttps,.-.//home.ti,eastiry.gov/system./`I-'iles/"136/`SLF'R,F-Coi,ii iaii.ce-and-R.enot-tiii, g�Gui(iance.pdf Page 8 of 9 Document Ref: CASE5-JEYGW-6FGSS-9VR4D ATTACHMENT D S COP E-1 OF WORK The Board of Commissioners is directing to provide the Beneficiary a. total dollar amount not to exceed $ 633t000 of ARRA, Funds in support of this entity's work to provide an upgraded open Doors Sleep Center which serves the homeless population of Grant County. Expenses under this grant must meet the eligibility criteria outlined below: 1. EfigibleCoStq Any costs associated purchasing 40 Pallet Shelters, a 2 stall bathroom unit, and a 2 stall accessible bathroom unit as an upgrade to the current Open Doors Sleep Center located in and operated by the City of Moses Lake, This expenditure is specifically recognized as eligible in the Overview of the Final Rule (OFR pg. 18). It 11sts emergency housing assistance: rental assistance, mortgage assistance, utility assistance, assistance paying delinquent property taxes, counseling and legal aid to prevent eviction and homelessness & emergency programs or services for homeless individuals, including temporary residences for people experiencing homelessness as eligible uses of SLFRF funds. 2. Program Funding and Award Amount The County shall make$ 633,000 . of ABPA funds available under Attachment A that will be paid to the Beneficiary on a Reimbursement Payment basis. All funds are to be disbursed no later than September 30, 2026. 3. Reporting The ARPA 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 used 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 a ' pproved 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 BCCC may require a narrative budget to accompany the progress and final report. Page 9 of 9 Document Re . CASE6-JEYGW-6FGSS-9VR4D ur r w K-2 2 -106 01MB Approved No, 1505-0271 Expiration Date: 11/30112021 iM A Y 0 U.S, DEPARTMENT OF THE T-REASTRI Co C - /)q COROINAVIRUS STj-\.TE AND LOCAL FISCAL REM 'ERY FUNDS Reciplent name and address: DUNS N-Lunber: 010202562 Grant Coutity, Washington Taxpayer Identification Nunber:916001' ) 19 35. C Street NW Assistance Listffigr umber and Title,-, 21,027 Ephrata, Washington 98823 Sections 602(b) and 603(b) of the Social Secunity Act (the Act) as added by -section 9901 of the American Rescue Plan Act, Pub, L, No. 117-2 (March 11, 2021) a-uthorlizes the Department of the Treasury ea jury) to make Pawnents to certain reci ients fronj the IP Coronaviinis. State Fiscal Recovery Fund and the Coronavints local Fiscal Recovely Fund. Reci ients hereby agrees, as A condition to recel-rind such payment from Treasury, agrees to the terms attkhed hereto, IP ti Recipient: Cindy Carterp Vice -Chair Rob Jones Chair r Authorized Representative Signature (above) Authorized Representative Name-, Danny E Stone, BOCC Chair Authorized Rej)resentative Title: Chair 'Date Sigyned: U.S. Depail-ment of the Treasury: Authorized Rpresentative Signatare (above) Authmized Representative Name: Jacob Leibenluft Authofized Representative Title-, Cbief Recovery Officer, Office of Recovery Programs Date Signed; Julie 12 2021. C7 -PAPF-MORK REDUCTION ACT NOTICE The information collected will be used for the U.S, Goverament to process req1tests for stip en support: The estim t d burden associated with this collection of information is t5 minutes per response. Comments conc.-IrTuing the accuracy of this burden esthnate andsurstions for reducing this burden sholad be Me directed n'�7a tothe Office ofPi cy, Transparency an-dRecords, Department of the Treasury, 1500 Pennsylvania Ave., N.W.,'WashTington, D.C. 20220. DO NOT send the forra to this address,, An agency may not conduct or -sponsor, and a person is not required, to respond to, a colLeoction of 111formation Aniless It 6splays a valid control number assigaed by Mffi. e ^ . :. w:.- z: CiM ms... i V Document Ref, CA$E5-JEYCW-6FGSS-9VR4D U.S., D) 01PARTMINT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDI nONS -h,40 a. Reoipient understands and agrees that the funds disbufted under this award may only be used in compliance with sections 602(c) and 603(c) of the Social Security Act (tho Act) andh-euury's rogulaions implementing that section and guidance. b. kwipiont will determine prior to engaging in any project using this assistance that it has the institationaI3 managerial$ and financial capability to ensure propor planniag, maflagetnent, and complotion of such "ect. P-roi J.Period -QMrfbrmance, The period of performanoe for this award begins on the date hereof and ends on December 31, 2026. As set forth in TroaM's implementing regWatiow, Reelplent may use award funds to oovor elWble costs inourxed dwing thePeriod that begins i on March 3, 20,21 and ends on December 31 2024. .3. Rwgrting,. Recipient agrees to comply with any repoxiing obligations established by Treasmy, as it relates to this award, I-Maintanauce -ofand AccgmLo Re el a. Recipient shall maintak records and fhazae'al d0cumcnts stiffs 'Ont to evidence compliance with sections 602(c) and 603 (c), Treasmy' s regulations imp lementing those sections, and guidance regardhig the aligible Uses of fmds. b. The Treastuy Office of Inspector Gmeral aad the GovommentAccountability Office, or their authorized Tepresentatives shall have the right of access to records (oledrotio and otherwise) of Recipient in order to conduct audits or other , investigations. c. Records shall be m6itainedbyReci' Recipient exiodof:rIve, Treasury, whichever is later. 1PI P (5) Years after all funds have been expended or returned to e- as . Pre -award costs, as defined in 2 C.F.R. § 200.458, =y'not be paid, with ceding from this award, kAdministrativ Costs. IPCc Roo' lent I entmu use fimds provided under this award to cover direct and indir tcosts. Co tsharing9d Cost sharing or matching Inds are, not required to be provided by Recipient. Recipient understands anal agrees it must maintain a conffict of interest policy consistent with 2 CX. R. § 0.n an 200,318(c) and that suoh con-fliot of interest policy is applioable to each a0fivity funded tinder this award. Recipi t d subrociplents must digolose inwridug to Treasury or the pass-through entity, as appropriate, any potential conflict of interegt affecting the awarded funds in accordauce with 2 C.F.R. § 200,112. 9. Comnliance mit—h An-D11cable L m and Regulat" a- ROCI'Pieftt agrees tO COMPlY With the requiremOnts of sections 602 and 603 of the Act, regulations adopted bTreasury Pursuant to sections 602(� anal 603(f) of the Act, and guidance issued by Troastn-y regarding tho forvg vire Recipient also agrees to comply with all other applickfe federal statates, regulatiolls, and executive orders, and Roo' !eat shall provide for such compliance by other partiqs IP 'n any- agreemOnts it enters into with Aer parries relating to this award. b. Federal regulations appReable to t1iis award include, without lihnitation) the foil I I owmg: i. Uniform AdministraUvc Requirements, Cost Pn-nclplas, and Audit Reql9rements fol~ Federal Awards, 2 C.F.R,. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subidet to such exceptions as may be otherwise provided by Treasury. Subpat F — Audit, Requirements of the Uniform Guidance, implementing the Single Audit Act., shall apply to this award, ix, Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award team act forth in Appendix A to 2 C.F.R. Patt 25 is hereby incorporated by reference. iii, Rupordng Subaward and Exemitive Compensation formation., 2 C.F.R. Part 170) Pursuant to which the award teim set forth in Appendix A to 2 C.F.R. Pmt 170 is hereby inewporated by reference, iv. OND Guidelines to A9=608 on (30-vammontwide Debarment and Suspension (NOAPtocurexnant), 2 C.F.R. Part 180, iaclufflng the. requirement to hiclude a terata Or cOudition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the awaxd is st1bject to 2 C,F-L Pait 180 and Tread 's iMPIOMenting rVilation at 31 CYR Part 19. - Document Ref; 0ASE6-JEYCW-6FGS8-9VR4V v. Recipient hxtegr4 and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appondix XII to Put 200 is hereby incorporated by reference. Ir A. Govemmentwide Requi ementiq for Drug -Free Workplace, 31 CYJ, Part 20, 1 * 0 vii. New Restrictions on Lobbying; 31 C.F.R. Pxt 21. viii, Uniform Relocation Assistanoe and Real PropeAy Acquisitions Act of 1.970 (42 U.S.C, §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. I c. Statutes and regulations prohibiting disarlinination applioahle to this award, include, without limitation, tho following, i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d of seq.) and Treasury's implement'reodations at 31 M9 - C.F.R. Part 22, which prohibit diserfinduation on the basis of race) color, or national origin under programs or activities receiving federal molal assistance; I I I The Fair Rovshig Alot, Titlo VIU of the Civil lights Act of 1.968 (42 U.S.C. §§ 3601 et seq.), ,which probibits discrimination in housing on the basis of race, color, religion, natloaal origin, sex, fudlial status, or disability; iii. SQotiou 504 of th6 Rehabilitation Act of 1973, as amended +(291 AC. § 794), whioh prohibits discrimination on the basis of disability under any program or activity receiving federal fimanoial assistance; iv. The Age Discrimmiation Act of 1975, as amended (42 u.S,C. §§ 6 101 et seq.), and Tmosury's implementing regulations at 31 UR Part 23, which prohibit discrimnation on tho basis of age in program or activities receiving federal fiamolat assistmoo; and v. Title 11 of the Amerioans wig] is 1 ; abihtW Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability -under program, aotivides, and services provided or made available by state and local goverments or instn=eatalities or agencies theretoO I - .10. Remedial &&m., 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, Troasury may impose additional conditions on thexeceipt. of a subsequent iTanche of MWro award ficads, if, any, or take other available remedies as set forth in 2 C.F.R, § 200,339. Ih the case of a violation of sections 602(c) or 603 (c) of the Act regarding the use of rands, previous payments shall be subject to recoupment as provided in sections 602(p) and 603(c) of the Act. 1. Hato tr Recip !out agrees to comply, as applioable, with requirements of tho Hatch Act (5 U* S - C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose pimicipal employment is mi connection vith au activity fmanced MI whole or in part by this fedeml assistance. 112. False Statements;Recipient understands that making false statements or olaims in connection with this award is a violation of federal law and may result in crime, civil, or adnAnIstrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from patdaipa6g in Waal awards or contracts, and/or any other remedy, available by law. P11, publkah*on% Any publications produced with ids from this award must display the following language: "This project [is being]. [wag] supported, m whole ox in part, by federal award number [enterPrIO"cot FAIN] awarded to Grant Co-tmty, Washington by the U.S. Department of the Treasury." j R 10 - MID-1110-mliff M a. Any funds paid to Roo'1P iont (1) in excess of the amount to which Recipient is fmaUy determined to be autharized to retain under the terms of this award; (2) that are detBrtmineed by the Treasury Office of Imp ector General to have been misused; or (3) that are determine d by Treasury to be sub) ect to a repaymout obligation pursuant to sections 602(e) and 603 (q) 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 fedaml government must be paid promptly by Recipient..A. debt is delinquent if it has not been paid by the date specificd in Trt-,aM's initial written demand for payment, unless other satisfactory mangemants have been made or If the Re oiplent lmowingly or lmMp orly retains ids that are a debt as defined in paragraph 1.4(a). Treasury will take any aeons available to it to collect such, a debt. 000ument Ref; CA$EI5-JEYOW-6FGS8-9VR4D 4 a. The United States expressly disclaims any anal all responsibility or liabffity to Rocipient or third persons for the actions of i Recipient or third persons rmj resulting in death, bodily uu, property damages, or any other losses resuling M" any way from the pe oiTnan.ce of this award or any other losses resulting in any way ftom the performance of this award. car any contract, or subcontract under this award. I b. The acceptance of this award by Roo' P lent does not in any way establish an agenoy relationship between the United States and Recipient, rated tig:ag o histleblowors. a. In; accardance'VARb 41 U.S.C. § 4712, Recipient may not disoharge, demote, -or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, infonuation that the employeo reasonably beliavos is evidence of gross mismmagemeat 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 speciflo danger to public health'or safet34 or a violation of law, rule, or regulation related to a federal contraot (inoluding the competition for or negotiation of a contract) or grant b. The Ust ofpersons and ontities referenced its. tho paragmph above includes the following: L A membor of Congress or a representative of a committee of Congress; I An Inspector General; ifl, The Government Accountability Office; W. A Treasury employm responsible for oontraot or grant oversight or magoment; v. An authadzed official of the Department of Ristice or other law enforcement agmey; A. A court or grand jmy; or vfi. A management official or other employee of Recipient, contractor, or subcontraotor who has the responsibility to investigate, discover, or address miscond-act, 0, Recipient shall info= its employees in Ming of the -rights and ramedies provided under this section, in the predominant native language of the worldbrea, .17.1n easing-&kBeltU-6e—.LnthoUtiited.Stakes, Ptirsuantto Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient shoidd encourage, its contractors to adopt and enforce on-the-job seat belt policies and programs for thoir employees when operating comp any -owned, ronted or personally owned vehicles. 18, Reducing Te&tMgsaging While.D Pursuant to Executive Order 13 513, 74 FR 51225 (Oct. 6, 2009). Reoipimt should encourage its employees, subracipilents, and contractors to adopt and onf-orce policies that ban. text mesisaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers, Doo mens Ref; GASES-JEY0W.-6FG$,9-0VR4D OMB Approved No. 1505-0271 Expiration Date; 11/30/2021 ASSURANCE OF COMPLIANCE wITH CIM RIGHTSREQUM WNTS ASSURANCE OF CON LACE WrM TITLE VI OF TBE CIVIL RIGHTS ACT OF 1964 As a condition of rec ' t of federal fmancial assista= from the Depaftent,of t1w Treasury, the Granit County,Wash!Von elp (hereinafter referred to as "Iho Reoipie&) PTOVIdes thB assurances stated haoin. The fedoral flancial assistcmce may include federal grants, loans and contracts to provido assistance to the recipient's benefloilatieso the use or rent of Federal land or property at below market value, Federal trainhig, a loan of Federal personnel, subsidies and other arrangements With the intention of, prowding assistance, Federal financial assistance does not encu pass contracts of guarantee or insurance, regulated programs, hoonses, proourament oontraots by the Federal govonuneat at t=ket valuo, or program§ that provide Oirect benefits. This assurance applies to all federal fmancial assistanco from or f=ds made available through the Depaftent of tho Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Ad of 19 87 provides that the provisions of this assurance apply to all of the recipient's programs, services and acflvitieg, so long as any portion of the r00* cent's program(s) is fedenUy assisted in the manner proscribed above, 1P 1. Recipient ensiires its owront and future -compliance with Title V1 of the Civil Rigfits Aot of 1964, as amended, which prohibits exclusion from pardeipatiot, denial of the benefits of, 'ox subjection to disc" *nation under programs and nnu actiAties rewlvmg federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et sed,.), as implemmtedby the Depar'bnent ofthe Ueumy Title V1 regulations at 81 CFRFart 22 and other pertinent executive orders such as Excoutive Order 13166; directives; circulars; polides- documents. 5� , momoranda and/or guidance 2. Recipient acknowledges that Executive Order 13166, `Improv- Access to Services for Persons with Limited English Prof Wiency," seeks to improve access to federally assisted prograras and activities for individuals who, because of national origin, have Llted English proficiency (LEP). Recipient understands that denying a person nocess to its programs, services, and activities because of LEP is a form of national ofigmi diseflu Miation prohibited under Title V1 of the Civil Rights Act of 1964 and the Department of the Treasury's fixiPleraeating regiftflons, Accordingly, Recipient sliall initiat-ev reasonable steps, or oomply with the Department of the Treasury's directives, to ensure that LEP Persons have meamingful access, to Its programs, somices, and activities. Reciplent understands and agrees that womiingfifl accoss may entail providing language assistance services including oral interpretatiou and. written ft=lation where necessaq, to ensure effective commutucation in the Recipient's programs, services, and activities, 3. Roo* iont agrees to consider the need for language services for LEp persons during dovelopme p i 1P nt of ap I cable, budgets and when conduoting programs, services and activides. As a resourco, the Department of the Treasuq has published its LES guidance at 70 FR 6067. For more information on LEP, please visit ktv://wmM.1m.gov, 4. -Recipient aolmowledges and agrees that compliance with this assurance cons es a condition of continued receipt of federal financial assistance and is binding upon. Recipients and Roo' imat's successors, izansferees and period M' which such assistance is Provided, 1P assignees for the 5. Recipient acknowledges and agrees that it must reqtux 0 4ny sub -grantees, oon actor subcontmetors, successors; 4 transfoxces, and assignees to comply With assurances 1.4 above, and agrees to incorporate the following language M every oontract or agreement subjeot to Title V1 and its rogulafimis between the Recipient and the Recipient's sub,grautees, I contractors, subcontractors, successors, tramfaroes,, and assignees: The sub -grantees, contractor, subcontractor, successor, transferee) and assignee shall comply -with 'tie 'Vi of the 0-W.Rights Act of 1964, which prohlb hs recipients offederalflnancial assisUnce ftom excluding from a program or activity, denying beneflu of, or otherwise discriing"naung against a person on the basis of race, color, 0'r national origin (42 U.S. 1C. § 2000d et seq.), as Implemented by the Departrn ent of the Treasury's Yide V1 regulaflom, 31 M Part 22, which are herein incorporated by reference and made apart ajthls contract (or agreement). Mls Yfalso Includes protection toped ons with "'Limited English Profictency"'In anyprogram or acvirecelvingfederalfinancial assistance, 42 US. C. § 2000d et seq,, as imP Iam n e ted th by pa ent of the . 6 De rtm Treasury ry ',Y Title Y1 regula tions, 3l CFR Part 22, and h crein incorporated by reference and made a part of th Jy coniract 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 assonance obligates the Reolpleixt, or in the case of a subsequent transfer, the transferee, for the period during which tho real property or structure is used for a purpose for which the federal financial assistanpe is oxtended or for another purpose involving the provision of similar servicog or banefits, if any Document Ret CA8F-6-JEYCW-6FGSS-9VR4D perso-nal prof ez-ty is provided, this assurance obligates the. ..uuipiunt ror the pe iod durin which it retai��s o��l�e��ship or possession of the property; 7. Recipient shall cooperate La any enforcement or coinplia:nce review activities by the Depart ent of the Trea:st y of the -aforementioned obligations, Enforcement may include itaVest;iga.tion, arh tration, mediation, litigation and mo ito . any settlement agree�nents that a result roni these actions. That i " ring of e L , the Recipient shall comply with info ion recluests� on-site compliance reviews, and reporting requirements. 8. Reci punt shall maintain a corf1plairit log and infornt the Department of the Treasury of any Complaints of discrumat on o the grounds of race, color, or national oiigiti,.and litnited English proficiency covered b Title VT.. of th.� Civil grhts Act f 1964 and u plementing regulations and provide, `upon: request, a list of 11 such reviews ot• :�:roceedin.as base � cif' � � d on the complaint, pending or completed, including ou:tco e, recipient also rust in�'ann thy. De-pattment of the Treasury if Recipient has received no co mplaints under Title VL. "Recipient must provide doe tt x er tati.c n oI`au ad i istrat ire agenney's or court's &di.ngs of non-compliance of Title and efforts to address the nett�coMl�li2nce, i.n.cluding any voluntary compliance or other agreements between the ',ec:ipient aIId the adMinistrat .lre agency that made the finding. If the Reciplelit settles a case or me alleging suc�l� discxi. ' " g mintttio , the Recipient must provide doe nelitation of the settlenien:t.. If Recipient has nut leen the subject of any court or adwilxistrative agency finding ofd scrirnalat o -a, Tease so state, 10. If the Recipient tnakes sub—awards. to other agencies or o yer entities, the recipient is responsible for ensux-ix�g that sub -recipients also comply with Title 1. and other applicable au.th,olities covered in this docinnent State agencies th nal; e sr.�-�a„ :r�.rs must lla.��'{ Fe :gin. place standard grant assurances and reg. • �e�v procedures to demonstrate that that they are effectively xom.toling the ciQ rights compliance of sub—recipients, The United States of America lea. s ' the tight to seed judicial enforcement of theterm of this a.ssuarses docualel t anal, riothin-o ' this document alte�,s or li�aits the federal enforcement Meas"res ghat tlle united Mates may tale in order to address Violatians of this document or applicable -federal. lav, Under p enatty of pe�ury; the undersigned official(s) cel tfflies that he/she has read and understood its d g o�bli a�tions as herein esorrbe , that any ���rmation submitted conjunction Witli this azs ur nce document is accurate at id complete, and that the Recplent is in, compliance e vzth the albremerat o -n d nondiscrimination requirements. Date itrnatr c��3hoiedcalrQarrny-E-S „- w PAP E.l�.�'�rOR REDUCTION .SGT NOTICE b wl " C, . � �.� € C� �: � The inform .t' ncollect d wi be used for the U.S. GM.Lmnient to process .reguests for suppoTt 'rhe estimated burden associated w thL this cullecti.01.1 of i