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HomeMy WebLinkAboutAgreements/Contracts - BOCCA GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT:BOCC REQUEST SUBMITTED BY:Karrie Stockton CONTACT PERSON ATTENDING ROUNDTABLE.. Kat"1"1@ Stockton CONFIDENTIAL INFORMATION: DYES ONO DATE. 5/30/2024 PHONE; 2937 (I � kf� Em Ti I k 11 i INNEREENITIM 1 11111 1 ElAgreement / Contract EIAP Vouchers FlAppointment / Reappointment ®ABPA Related D Bids / RFPs / Quotes Award E]Bid Opening Scheduled F] Boards / Committees 0 Budget ElComputer Related El County Code El Emergency Purchase El Employee Rel. 7Facilities Related ElFinancial El Funds ElHearing ❑ Invoices / Purchase Orders ® Grants — Fed/State/County 71 -eases EIMOA / MOU ElMinutes ❑Ordinances E] Out of State Travel OPetty Cash El Policies F-1 Proclamations El Request for Purchase El Resolution 7 Recommendation El Professional Serv/Consultant OSupport Letter E]Surplus Req. F]Tax Levies E]Thank You's OTax Title Property 0WSLCB 311 D.O RD. A /rr D i p I T ------------------------ American Rescue Plan Act (ARPA) Beneficiary Agreement with City of Warden to receive funding in the amount of $656,000. Term is March 3, 2021 -September 30, 2026. If necessary, was this document reviewed by accounting? El YES F-1 NO W N/A If necessary, was this document reviewed by legal? ❑ YES ❑ NO FmR N/A DATE OF ACTION: df I--- t( "_' DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D1: D2: D3: 4/23/24 ARPA BENEFICIARY AGREEMENT This ARPA Beneficiary Agreement ("Agreement") is dated as of the 7th day of .February 20245 by and between. Grant County, a Washington political subdivision ("County"), and the entity City of Warden (Federal Tax ID# g1- 6012285 , UEI # KVNZSHHZLWY3 �, a Washington State Incor orated City. p("Beneficiary,). 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 the Coronavirus State.and Local Fiscal Recovery Funds Final Rule ("Final Rule"), identified as , and the Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds i"Compliance & Reporting Guidelines"), identified as 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 _Water and sewer projects that will enhance the quality of life for the citizens of Grant County, Notable negative economic impacts by the Beneficiary include the following: the Booster Pump Station has been identified as critically in need of rehabilitation by the recent Water System Plan. . At approximately 43 years old, the Booster Pump Station is nearing the end of its useful life. The Booster Pump Station has shown signs of significant ineffeciencies and early signs of failure. With this project completed the city will provide continuing reliability to the Water System and ensure that the residents in the upper pressure zone and all of Warden School District schools have adequate water pressure for daily use and fire flows in emergency situations. WHEREAS, the County believes the provision of this funding for the provision of water service and qual for local citizens is of vital concern and falls under the area of "water, sewer, and broadband" in the SLFRF program. is therefore worthy of and eligible for funding at this time. 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: Page 1 of 9 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until DSO(enibe 3.1., 20261 unless terminated by the County in writing. 2. ARPA Funds, The County agrees to provide to the Beneficiary a total dollar sum not to exceed $65� on a Reimbursement Payment basis for eligible costs incurred during the period of March 3, 2021, through September 30, 2026 based on eligibility criteria outlined in Attachmeat D, Scope of work. 3. Reimbursement Reques=p ort. For entities receiving ARPA Funds on a reimbursement basis, to facilitate release of ABPA 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 incurred by the Beneficiary for which Reimbursement is being requested. Each Reimbursement request submitted by the Beneficiary will include a signed certification by the Beneficiary that such expenses represent eligible expenses incurred by the Beneficiary based on the eligibility 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. Failure ' to provide any of the required documentation may result in termination of the Agreement and in the withholding and/or nonpayment of all remaining funds awarded to the Beneficiary by the County under the Agreement. 4. Advance payment Su2port. For entities receiving ABPA 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; 0 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. Independent Contractor. Each party under the Agreement shall be for all purposes an Independent Contractor. Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal 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 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. compliance with Laws, Guidelines. The Beneficiary shall comply with all federal, state, and local laws and all requirements (including debarmept and other required certifications and audits) of .Attachments A & B. and Compliance & Reporting Guidelines to the extent applicable, when disbursing ARTA Funds to Beneficiary or when.. seeking Reimbursement from the County. 10. Maintenance and Audit of Records. The Beneficiary shall maintain records, boobs, documents, and other materials relevant to its performance under this Agreement. These records shall be subiect 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 th.e Beneficiary, was reimbursed for unallowable costs under this Agreement, the Beneficiary agrees to promptly reimburse the County forsuch payments 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: Beneficiary: Organization: CI tyo f War. den Contact Name: Kristine Shuler Address: 121 S Main Street MOM City/State/ZipWarden, Washington98857 Grant Coun Grant County Commissioners P.O. Box. 37 Ephrata, 'WA 98823 12. Im.proper 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 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 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 or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 17. Governing 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. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, 20. Assignment. The Beneficiary shalt not assign or transfer any of its interests in or obligations under 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 past of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which eitherParty has to Treasury in connection with the use of ARPA Funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 23. Severability, In the event that one or more provisions of this Agreement'shall be determined to be invalid by any court of competent 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 orte or more counterparts, any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 25. Authorization. Each party signing below warrants to the 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 shall become effective as of the last date signed below. /qjay DATED this of 2024. BENEFICIARY ORGANIZATION: City of Warden TITLE: r PRINTED N SIGNATURE: DATED this day of C , 2024. BOARD OF COUNTY COMMISSIONERS GRANT COUN'T'Y, WASHINGTON . 0 Cindy Carter, Chair- t Danny E. one, Vice Chair Rob Ones fi r SAT EST: 'rf Barbar J. Vasquez, C 1 rk he - oard Date App)•oved a to Fon- Rebekah M. Ka or, WSBA#: 53527 Deputy Prosecuting Attorney Page 5 of 9 ATTACHMENT A INTERAGENCY AGREEMENT BETWEEN THE U.S. DEPARTMENT OF TREASURY ANIS GRANT COUNTY Attachment A to be provided on a separate document Page 6 of 9 ATTACHMENT B U.S. DEPARTMENT OF TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINAL RULE EFFECTIVE 4-1-2022 htfi s;//home,treasu oy stem/files/I36/SLFRF-Final -Rile. df 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 htt s;//hoiiie.treaSLI .caV/s stem/files/'13f/SLFRF-Com l'iance-aiid-Re ortin-GLlidance. df Page 8 of 9 GRANT COUNTY ARPA BENEFICIARY AGREEMENT Updated 3.26.2024 The Board of County Commissioners is directing to provide the Beneficiary a total sum not to exceed $656,000 of ARPA Funds in support of this entities work to upgrade the Booster Pump Station for the citizens of Warden, Washington. This project falls under Statutory Eligible Use Type 4: to make necessary investments in water, sewer, or broadband infrastructure in Expenditure Category: 5.8 Water and Sewer; Other. Expenses under this grant must meet the eligibility criteria outlined below: 1. Eligible Costs:Any costs associated with the creation and/or implementatoin of this entity's plan to make improvements to the Booster Pump Station to provide adequate and dependable water services for the current and future citizens of the City of Warden, Washington. 2. Program Funding and Award Amount: The County shall make $656,000 ARPA 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 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. 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 true and checked: A narrative budget and plan have 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 1<22-106 ' AP'! OM13 Approved No. t 50-55-o"M Expira-donDatc: 11/1-0/2021 MAY 0 U.S. DEPARTMENT OF THE TREAS CORONLAVIRU S STATE AND LOCAL FISCAL RECO Y FUNDS Recipient wcume and address: DUMS Nimiber: 0 102025 62 Gratit County., Washington TaXP aver 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 Secunity Act (the Act) as added by section 9901 clothe. Amerlemi Rescue Plan Act., Pub, L No. 117-2 (Mareb 1.1, 202 1) (authorizes the Departnient of the Treasury (Treasury) to make payinents to ceftami recip'ants, from the Coronavinis State, Fiscal Recovery Fund wad the Coronavirus Local Fiscal Recover und, Recovery F Reciplents hereby agrees, as a condition to recelvincr such payment froni TreMMY, agrees to the tents attadhed her to. Recipient: Cindy Carter, Vicie-Chair R.obiones,Chair Authorized Representative S Ignaturc (ab, ow) Authofized, Representative Name: Danny E Stone., BOCC Chair Authori'zed 4presentative Title: Charm - - - ------ -- ----- - Date Siped: 'wt 'U.S. Departm.ent of the Treasury - Authorized Represontative Signature (above) Authorized Rep.resentative Name: Jacob Leiben'llift Authorized Representative Title., Chief Recovery Officer, Office of Recovery Programs Date Signed: June 1, 2021 PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Govemment to proces - 5 requests for support, The estinutted burden associated with this collection of imfo­rmation is 15 minitteg per response. Comments concerning the accuracy of this burden estimate and suggest ons for reducinty this burden should be directed to the Offico, of Privacy,t= .2 Tiansparency-and'Records, Department of the Tmasuq, 1500 Petuisylvaaia Ave,., N.W., Washington, D.C. 20220, DO NOT send the 0 fomi to this address, An agency may not conduot or sponsor, and a person is not xequimd to respond to, a collection of information un[ess it displays a valid control number assigaed by OINM. -1 EZ !!J Document Ref. CASES-JEYGW-6FGSS-9VR4D U -S, D) 01PARTMINT OF TIM TREASURy CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDInONS a. Recipient understands and agrees that the funds dlsbuMd under this award may only bo used in compliance with sections 602(c) and 603(c) of the Social Security Art (tho Act) and D-easury's rogulWons implementing that section and guidance. b. Recipient will detemiine prior to engaging in any project using this assistance that it bm the instffifflonals managerial, and finaucial capability to ensure propor planning, maflagement, and completion of such pro" ect, oJ 2,1!grio "Mrf period ofperformanoe or this award begim on the date hereof and ends on December 31, 2026. As -onnange, 'rho A_ f set forth in TreasM's implementing rogt4ations, keoiPlent may use award funds to cover eligible costs liaourred during the Period that begins on Maroh 3, 2021 and ends on December 3 1P 2024. .3. Rerting, 1P Reu6 ient agrees to comply with any reporting obligations established by Treasury, as it relates to this award. A.-MaintenaUqe of ax d Ac :easjo Re a. Recipient shall maintain records and fmaneiBl dOGUMOJIts sufficient tO evidence COMP11ance with sections 602(c) and 603 (c), Treastuy's regulations 'IMP lementing those sections, and guidance regaxdhig tho eligible uses of Binds. b. The Treastuy Office of Inspector General and the Govemitent Accountabiaty office., or their auth i shall have the right of access to records (bleotronio and otherwise) of Recipient in 0 1 OrIzed Tepresentatives, investigations. IP rder to conduct audits or other c. Records shall be mafiftinedbyRec' "cut for a period of five (5) Years after all ids have been expended or retumed to Treasuty, whichever is later. 1PI - I S. pre -Mos 4 Pre -award costs, as die red in 2 C.F.R. § 200,458, may not be p4ia with ft&g from this award, -A M: n i s tr at hLe-C—o s t L R e c ipient may use ids ds pro V1 ided under this award to cover both direct and indirect costs. 1,:_CAt Sharing., Cost sharing or matching funds are, not required to be provided by Recipient. of Inter st. Recipient understands anal agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 204.318(c} and that suoh con-fliot of ititerest polipy is appliodble to each aofivity fundod under this award. Recipiont and subtocipients must disclose in wrieg to Treasury or the pass-through entity, as appropriate, MY potential conflict of interest affeotiug the awarded funds in accordance with 2 C.F.R. § 200,112. 9. Compliance Md—th Applicable Lm and Re lai ons., a. Roci ient agrees to comply with the requirametts of sections 602 and 603 Of the Act, regulations adopted b� Tqreasu pursuant to sections 6020 and 603(of the Act, and guidance issued by Treasm-y regarding thO foxeg Mg. Recipient also agrees to comply with all other applickfa federal statutes, regulations, and exeouttve orders, and Roo' ientsbali plovide for such compliance by other pardqs in any -agreements it enters into with ' IP I other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: 16 1, Urdform Administrative Requirements, Cost Principles, and Audit Roquirements Bor Federal Awards, 2 Y.R. Part 200, other than suoh provisions as Treasury may deternaine are inapplicable to this Award and subjda to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implemeathig the Single Audit Act, sball apply to this award, I Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to WE& the award tem set fofth in Appendix A to 2 C.F.R. Part 2S is hereby incorporated by reference. iii, Reporting Subaward and Exemitive Compensation lnfom3ation, 2 CF.R. Pad 170, pursuant to which the award to= set forth in Appendix A to 2 C.F.R. Put 170 is hereby incorporated by reference, iv. OMB Giaidelffios to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement), 2 CXX Patt 180, including the requirement to include a term or c0adition ill all lower dex covered trawaotions (contracts and, subcontracts described in 2 CER, Put 180, subpart B) that the award is subjeot to 2 C.F.L Part 180 and Treasury's implementing rVilatilon at 31 CYR Part 19. ' Document Ref; CASE 5-J EYCW-6FGS,9-9VR4D v, Recipient Integrity and Performance Matters, pursuant to which the award term set fbith 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, Put 20. VII,New Restrictions on Lobbying, 31 C.F.R.Part 21.. viii,Uniform Relocation Assistance and Real Propaty Acquisitions Act of 1970(42U,S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable fedeml environmental laws and regulations. c. Statutes and regulations prohibiting disonimm"ation applicable to this award, include, without limitation, tho following: I i, Title VI of the Civil )Rights Act of 1964 (42 U.S.C. §§ 2000d etseq.) and Treasicy's implementing regl4ations at 31 W.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving g foderal fmanoial assistance; R. R. The Fair Houshig Aot, Edo VEII of the Civil Rights Act of 1.968 (42 U.S.C. §§ 3 601 et sect,), whioh prohibits discriminationm'haias* an basis orate, color, religion, national origin, sex, familial status, or disability; M19 I iii. Section 504 ofth6 kohabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving fed=l fmlanoial assistance-, iv. The AgeDisellimmiation Act of 1975 , as amended (42 U.S.C. § 6 101 et seq.), and Twasury's implementing I 'i reguladons at 31. CY.R. Part 23, which or acti prohibit diso receiving federal fmanolat assistance, and 1 rImInWou on the basis of age in programs vities v. Title R of the .Americans with DlsabilitW Act of 1990, as amended (42 U.S.C. §§ 12101 at seq.), which pmhjbits discrimination on the basis of disability under prograni% aotivides, and seMcez provided or made available by sate and local govemments or insft=entalities or agencies thereto., 110. Rema diml 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 programrequirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of faturc award Amds., 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) ofthe Act regarding the use of fmds, previous payments shall be stab cot to re colipmout as provided in sections 602(q) and 603 (e) of the Act. 1. Hatch -Act.. Recipient agrees to comply, as appRoable, with requirements ofthe Hatch Act (5 US.C. §§ 1501-1508 and 73244328), which limit certain political activities of State or looal goverment employees whose pimicipal employment is in t � &V connection vith au activity .arced ml whole or in part by this federal assistance. 112, False Statement, Reoipieut understands that ma false statements or claims in connection with this award is a Violation of federal law and may rosult in OrlmirA, civil, or adndnistative sanctions, including flnes, imprisonment, civil damages and penalties, debarment from pardaipabg in federal awards or oontracts, =d/or any other remedy available by law. ,11, Eublioafions Any publications produced with Ands from this award must display the following language: "This project [is being]. [wag] supported, in whole or in part, by foderal award mutber [enter prosect FAIN] awarded to Grant County, Washington by the US, Department of the Treu-ury." WO 1 i - I I n _11 MOT, WU + -AMM- a, WO, - W a. Any fids paid toI Roo"iont (1) 1 1P in excess of the amount to whifohRecipii 'eat is fmaUy determlaed to be authmized to retain under the terms of this award; (2) that are determined by the Treasury Office of Impector GeneTal to have bean misused; or (3) that are detendned by Treasury to be subject to a repayment obligation puxsuant to sections 602(e) and 603(e) of the Art and have not been repaid by Recipient shall constitute a debt to the federal goverment, b. Any debts determined to be owed the fedeml govemment must be paid promptly by Recipient..A debt is delinquont if it has not been paid by the date specified ia Troasury's 'initial writtet demand for payment, unless other satisfactory auangements, I have b eon made or If the Recipient Imowj* ngly or improperly retains fads that are a debt as defined in paragraph 1.4(a). Treasury will take any actions available to it to collect, sued a debt. Dowment Ref; CASE5-JEYOW-6FGS8-9VR4D 4 a. The United States expressly disclaims any and all responsibility or liabffity to Recipient or third pr8afts for the actioJ2,3 of Recipient or third persons resulting in death, bodily imjuryp property damages, or any other losses resuW. it mly way fponj the pedormance of this award or any other losses rosulti:ng in any way ftom the performance of this award or a contract, or subcontract undor this award. b. The acceptance of this award by Roo'ient does not ' went. 1P in any way establish an agency relatlowhip between the United States aud RecPI Ifi.-Protectigng for WhistleblgEg _rs. a. In accordance'With 41 U.S.C. § 4712, Recipiont may not diisoharge,, demote, ,or otherwise diserfininate against an employee in reprisal for disclosing to any of the list of per -sons or entities provided below, infonuadon that the employee reasonably behoves is ovidence of gross rimismanagement of a federal contraot or grant, a grpss waste of federal f4nds, EM abuse of authority relating to a fedemJ 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 corktraot (inoluding the c9mpotition for or negotiation of a contract) or grant, b. The Hot of poisons anal entities referenced in, the paragmph above includes the following: L A membor of Congress or a representative of a committee of Congress; I An Inspector Gemral; M. The Gover=ent Accountability Office; iv, A Treasury employOQ rcsPonsiblo for contract or grant oversight or management; v. Au authorized official of the Departmmit of Xustice or other law enforcement agency; A. A court or graadjm-y-- or vg. A management official or other employee of recipient, contraotor, or subcontraotcq who has investigate, disoover, or addross misconduct, the responsibility to 01 Recipient sball info= its employees In vaitiq of the Tights and remedies provided undor this section, in the predominant native language of the worliforca, .17.Thore-asin glod1le-L1116-ek -the United - Sates,. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 19 97), Recipient shoiAd encourage its contractors to adopt and 'enforce on-the-job seat belt policies mid programs for their employees when operating company-owned, ronted or personally owned vehicles. JR.Reducing cxtMegsaqMNle_Dri_i-ngPursuant to ExecutiveOrder 13513, 74 FR 51225 (Oot 6) 2009),Reciplont should encourage its employees, subreciplents, and contractors to adopt and onf-orce P messaging policies that ban'text mess ingwhiledriving,and Recipient should establish workplaoe safety policies to decrease acoidents caused by distracted drivers, document Ref: GASE15-JEYGW--6FGSS-QVR4D OMB Approved No. 1505-0271 Expiration Date: 11/30/2021 ASSURANCE OF COM-PTIANCE -VVITH CWffi RIGFfTS pXQUMLj ME-XTS ASSURANCE OF CON TLIANCE Wrm 'TITLE VI OF TBE CIVEL IRIGM ACT OF 1964 Asa condition ofreceipt of federal financial assistance from the Department-, of the Treasury, the (3rantCouutyW08Wng0,,a (herein' after referred to as "tho Reciplie&') ptoyides the asaurances stated heTein. The fedoral financial assiattmee may hiclude federal grants, loans and ccmtmots to provido assistance to the recipient's bmefioi * anes, the use or rent of Federal land or pToperty at below market value, Federal trairAng, a loan of Federal persormel, subsidies, and other arrangemonts with the intention of p Wing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, rovi licenses, prootirament contraots by the Federal government at 1=ket value, or programs that provide direct benefits, This assurance applies to all federal fmancial assistanco from or Rmda mada available though the Depaftent of the Treasmy, inoludmig any assistance that the Recipient may request in tho future. The Civil Rights Restoration Act of 1987 provides that the provisions car this assuratice apply to all of the recipient's progra-ms 3 services and activffies, so long as aty portion of the relciplent's program(s) is fedemUy assisted in the mamer proscribed above. x. Reedplient ensures its current and ftare -compliance with Title V1 of the Civil ki9fits Act of 1964, as amended, which prohibits exclusion from p ardeipation, denial of the b onefits of, 'or s-ab'j ection to disorm''nadon under programs and 0 1 activities receiving federal funds, of any person in the United States on the ground of race, color, or national (42 U.S.C. § 2000d et seq.), as implemented by the DePartmcnt of tho Tteasury Title VI regulations -at 31 CFR I Part 22 and other pertinent executive orders such as Executive Order 13166-Y diteotives; circulars; personal propetly is provided, this assurance oblivates the : eclpieazt Jcor the per�cd daring which it Teta is owtie��shi � �r possession of the property; 1 F w .e'cipient shall cooperate, tin anyenforcement or compliance revie-w activitie by the Depaitnient of the'rreasury of the aforementioned obligations. Enforcement may i:ticlude investigation, arbitrat an, media:tiou, liligation, and onitcr*Ti ani, settlement agreements thatmay result. from. these ac ons. That is, the Recipient shall c o' mpl With information requests, 4. axr-sitc cornplr nce I• V1t S, and reporting requirenxcn�t , 8, Recipient shall maintain, a. complaint log aad inform the Department of the Trea.su r of an complaints of disc r inination on tli.e grounds of race,, color, or national c m in., and limited Sngli prof iency covered `b � Tittle VT of the Civil Rights Art o, i and n pier entin re L is a s and prcv de, tpa roc �a t, a List of all such reviews or proceedings based oa the. complaint, pending or completed, clud 1 Outcome, Recipient also �x1cisfi infonn the De pai•tmcnt ofthc Trcastul` Reciplent has received no cc plauits tinder Title VL 9, Recipient must provide documentation of an a:dzti :r..1istrativ ,*rleney's or court's findings of non-compliance of Title V1 and efforts to address the, non-coinptiance, Including any voluntar co pl�a�cc ar of 6r a roe cnts be% °ec11 the Recipient and the ad strative agency that made the finding. If the. cipie t settle8 a ase, or matter alleging Such d:i cri�nit�at��a the, Recipient must provide, docun ental c o the, s ttell�ent''f..e,cipieat lags pct hcen t subject a�� court or ad 4ust:ra.t e agency f ndinc of disc°rirnia ration,Tease sostate, l0, if the Recipient mal es swb awards to other a m�cics or other entities, the Recipient is res � i�ble for ensur%n that sub-reciplents also comply with Title and other applicable authorities covered in this docwnent, State a en,' s that :tom s �bWa. va d must have place standard. grant assurances and. rev ew procedures to demo trate that that t�lie arc e�`fe tiv l . mo-61torin the civil ribs comphanc o sub -recipients, �' The'United States of America has e,����t t� seek- udicial enfbrcerAcn:t of the terras of this assurances dcauui and nothing in this document alters or lent imits rho federal enforceMen.t ��.ea�sures that the �.Tnited States a take in order to address violations of this document or ap lxcabie federai laAr Under pewalty of pe Jury,theundersignedofficial(s) c itifile that he/she :has. read and understood its �bli�ations a herein. described, that any i-. orm tion .s-6mitt d to co. unction illi this assurance doculue is occur and I: lite that the.:Recipien.t is in camplian,c with the afore ntiorled nondiscri unat' n rc uiren�ent �. p ,#nd • . w � x 7 �h ate ------------ x,grnatt , of � i ed Offici 1* E�t0—h; SCC- 1 K The information collectedvVill us :t`cr the oYemmeat to process requests for u� �'f�� �t t� �y � w., , , .P. a d burden sociated. wi ta. this collection of in -formation is 15 * 111tcs per respo e, Coma tents ouncoraing t'he accuracy of Cs burclea estimate �d u ggges�oi�s fnr reducing t e directed to tftx afr�.vayx xzs_aca aad Roods na rpt df the `rc:suid sl�cui b P nits lvaniia -Ave. %��W"� hshington D� . . 20220, DO NOT send the form to this address, A. aggency may of conduct or sponsor, and a. p rsoi is not required tor ��nd to, a oollectt�n cf ir�formaO unla s it dis la s. Control number asci dd by OMB. � � a valid, Document Ref CASE6-JEYCW-6FGSS-9VR4L