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Home My WebLink AboutAgreements/Contracts - BOCC (002)GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT:BOCC REQUEST SUBMITTED BY:Karrie Stockton CONTACT PERSON ATTENDING ROUNDTABLE.. Karrl2 StOCkt011 CONFIDENTIAL INFORMATION: FIYES WNO DATE. 6/18/2024 PHONE:2937 LAW 01i _, �. � �, SND ,. /. _- _ .- . Wh American Rescue Plan Act (ARPA) Beneficiary Agreement between Grant County and Moses Lake Cham i r of Commerce in the amount of $100,000.00. Term is March 3, 202gVru September 30, 2026. If necessary, was this document reviewed by accounting? El YES El NO 0 N/A If necessary, was this document reviewed by legal? El YES El NO 0 N/A DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: Wu ®Agreement / Contract EJAP Vouchers ElAppointment / Reappointment -------- ®ARPA Related El Bids / RFPs / Quotes Award E]Bid Opening Scheduled El Boards / Committees El Budget ElComputer Related FCounty Code 7 Emergency Purchase El Employee Rel. ElFacilities Related FIFinancial El Funds 71-learing El Invoices / Purchase Orders IRGrants — Fed/State/County E]Leases DMOA / MOU FMinutes ElOrdinances 70ut of State Travel El Petty Cash El Policies F-1 Proclamations 7 Request for Purchase 0 Resolution El Recommendation El Professional Serv/Consultant OSupport Letter ElSurplus Req. FlTax Levies E]Thank You's OTax Title Property 0WSLCB, LAW 01i _, �. � �, SND ,. /. _- _ .- . Wh American Rescue Plan Act (ARPA) Beneficiary Agreement between Grant County and Moses Lake Cham i r of Commerce in the amount of $100,000.00. Term is March 3, 202gVru September 30, 2026. If necessary, was this document reviewed by accounting? El YES El NO 0 N/A If necessary, was this document reviewed by legal? El YES El NO 0 N/A DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: K24- 15 8 GRANT COUNTY ARPA BENEFICIARY AGREEMENT Updated 3.26,2024 This ARPA Beneficiary A ree— ment ("Agree' went") is dated this 4th . day of May 2024) by and between Grant County, a Washington State political subdivision ("County"), and the entity, Mases lake .chamber of Commerce Federal Tax lD#: _91-0544733 U 1#: - w�� . a Washington State tax exempt ublic charitable organization (Beneficiary). WHEREAS, the U.S. Department of the Treasury ("Treasury") has allocated to the County $18,983,490.00 of federal stimulus fundin from the Corona.virus StateFiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund under C* FDA No.. 2.1.0 7 ("ARRA Funds") under Section 602 (b) and 603(b) of the Social SecurityAct as amended by Section 9901 of the American Rescue'Man Act. (` ARRA Acte), for the Limited purposes identified in the Agreement between the Treasury acrd Grant County designated under FAIN # #SLFRP2169 (Agreement), 'identified as Attachment A, the Coronavirus State and Local Fiscal Recovery Funds Final. Rule ("Final, Rule"), identified a Attachment B, and theomplianoe and Reporting Guidance for State and Local Fiscal Recovery Funds ("'Compliance . Reporting Guidelines"), identified as Attachment G. Attachments A, B & G are attached hereto and incorporated herein by this reference: WHEREAS, the County desires to allocate portions of the ABPA Funds awarded to Grant County in support of re'lacing ost revenue for the class if local ncn�' refitnr anizations serving our various under-servedpopulations .. and other segments of our population and to support capital expenditures to "implement COVID-19 prevention or mitigation tactics" as referenced under 4, General Provisions other, bw- capital Expenditures on page 190 of the Final Rule, .ww.r-.ri+.....`v.+✓w.._rsw..rw ar.. r... ......nw.r r.✓rw..wn.w.rw.rw nwrr i... u+✓✓....f...r.....r....ur.r_......... ...._.....w.✓...n...n.....r rirw. i. br..wwi rvWr+/.✓i.-vh•'.vr_ .wv+-uw+.uw.vvw.... - -- �r.._...v...v....v..m...r.... a...a.w. nr.r.....uu r✓..rwrw.r._._r trr....r....r.rw.rv.ru..u.✓n .. ..a✓..., -.rr. w......n-....-..r..... Notable negative economic impacts y the Beneficiary include the following. Lost revenue from disrupted operations. lion. -profit organizations serve some of the most heavily impacted groups during the pendemio. The negative physical and social impacts of COVID-19 kept these organizations from being able to ralse funds and provide services as they normally would. These entities need an infusion ,of funding to restore and enhance their services to the impacted populations they serve, . i services ,b local non-profit ora citizens v1i��REA the County believes the provision of Y p organizations to our benefit a wide array of socio-economic groups, Assisting those organizations with revenue replacement and capital funding is vital to the continued operations of those entities and ultimately benefits bath the under -served and the general citizenry of our area. In some cases, such as this one in, that revenue replacement will be used to assist a nen-profit that helps small business recover, begin, or begin again. A wide range of citizens/businesses have experienced or are experiencing life disrupting effects and therefore... q uatifies 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 ARRA 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. Effectiv -_d Tom. 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, Rage 1 of 9 GRANT COUNTY ARPA BENEFICIARY AGREEMENT Updated 3,,26,2024 2.Eunds.. The County agrees to provide the Beneficiary a total sum not to exceed $100,000 — on a Advance Payment basis for eligible costs incurred during the period of March 3, 2021, through September 30, 2026 based on eligibility criteria outlined in Attachment D, Scope of Work. 3. 8,-ejmb-as-e-me-nl--R--e-q-u-e-s-t-$-u-p p--Qd,,- To facilitate rete as e ofABPA funding to the Beneficiary, the Beneficiary wilt submit a detailed Invoice in a form specified and approved by the County, no more frequently than monthly, detailing the eligible expenses incurred by the Beneficiary for which Reimbursement is being requested. Each Reimbursement request submitted by the Beneficiary Wilt 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 a. schedulemay 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 a remaining funds 'Warded to the Beneficiary by the County under the remaining Agreement.. 4. Ln-ek Use,& Non -allow uses of ABPA Funds- include, without limitation, the following. a Usage of unds to either directly or indirectly offset a reduction in net tax revenue resulting from a charge in Lawregutation or administrative interpretation during the covered period that reduces any tax or delays theImposit ion 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 0 costs; f) contributions to a "rainy day" fund, g) legal settlements and h) any and all other ineligible uses listed In the Final Rule. 5, IaLm:inliar. The County moray terminate this Agreement,. for convenience or otherwise and for no consideration or damages, upon prior notice to the Beneficiary, 6. Each party under the Agreement shalt be for at[ 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 emptoy ee between the parties. The Beneficiary shalt 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, 7. Inde:fin tfi-o-tim The Beneficiary agrees to defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers harmless from and against any and all k 0 i 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 b t sson of the Beneficiary, its y an ac. or omi i C officers, directors, employees, and/or agents retating to the Beneficiary's performance or failure to perform under this Agreement. The section shall, survive the expiration or termination of this Agreement. Page 2 of 9 GRANT COUNTY ARPA BENEFICIARY AGREEMENT Updated 3.26,2024 8. Cognpliance w1tb__Law_sAauidBALn_e_& The Beneficiary shalt 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 G. uideLines to the extent applicable, when disbursing ABPA Funds to Beneficiary or when seeking Reimbursement from the County. 9. Maintenan[a__and,,.,Au,djJ._, Beneficiary The Beneficiary shalt maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shalt 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. It it is determined during the course of the audit that the Beneficiary was reimbursed for unaLlowable costs under this Agreement, the Beneficiary agrees to promptly reimburse the County for such payments upon request. 10. LQtLca,, Any notice desired or requited to be given hereunder shalt be in writing, and shalt be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail receipt ., 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 shalt designate to the other from time to time in writing forwarded in like manner: Benefici Organization: Moses Lake Chamber of Commerce C ontact - Debbie Doran -Martinez, President & CEO Name.- Address P.O. Box 2435 C * tty/State/Zip. Mmes Lake, WA 98837 - os Grant Coun!y: Grant County Commissioners PO Box 37 Ephrata.,, WA 98823 Irnp-r-op-e-rInfluerine, Each party warrants that it did not and wilt 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 Agreemento 12. —C,-Qnfl'lct of.l.nterest. The elected and appointed officials and employees of the parties shalt not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 13. Dme-.- Time is of the essence in this Agreement. 14. urvival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shalt so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. Page 8 of 9 GRANT COUNTY ARPA BENEFICIARY AGREEMENT Updated 3.26,2024 15. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties.. 16. Governing Law: Venme-. The Agreement will be governed in all respects by the Laws of Washington State, both as to interpretation and performance, ormance, without regard to conflicts of taw or choice of taw provisions. Any action arising out of or in connection with the Agreement maybe instituted and maintained only in a court of competent jurisdiction in Grant. County, Washington oras provided by RCW 36.01.050. 17. NohrWaiver. No failure on the part of the County to exercise, and no delay In exercising, any right hereunder shalt operate as a wavier thereof; nor shalt 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. 18. ung .-Effect This Agreement shall be binding upon and inure to the benefit of the parties .hereto and their respective successors. 19. Assignment. The Beneficiary shalt not assign or transfer any0 f its interests in or obligations under this Agreement witho ut the priorwritter consent of the County. 20. n1ireA reement. This Agreement constitutes the entire agreement between the County and the Beneficiaryfor 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, 21. NnJM�P ._r . B��'iarLes, Nothing herein shall or be deemed to create or confer any right, action, o - r benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shalt not limit any obligation which either Party has to Treasury in connection with the use of ARPA Funds, including the obligation to provide access to records and cooperate.with audits as provided in this Agreement, 91 22. S-ey-erabjjli�,& In the event that one or more provisions of this Agreement shall be determined V to be invalid by any court of competent jurisdiction or agency havingj"unsdiction thereof, the remainder of the Agreement shall remain in full, force and effect and the invalid provisions shalt be deemed deleted. 23. Counterparts-. This Agreement may be executed in one or more counterparts, any of which shalt be deemed an original but at[ of which together shall constitute one and the same instrument. 24.I uthorizat'Qrn , 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.. Page 4 of 9 GRANT COUNTY ARPA SEN5FICIARYAGR5EMENT Updated 3, 26,2024 IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the is date signed below. A DATED this ay Of 2024. BENEFICIARY Signature:-,.,-,.-- -:0- jg� Printed Name: Title 1Position#. DAT D this ;tq day of —12024. �OF COUNTY COMMISSIONERS / GR4�TC04NTYlWAVF""-H.NbT0N Coin y Carter, Cliair Danny--zstone, Vic6lGh-al Rob Jones, Member EST: I �74 B rig bra J. Va le of the'Board sq e Date Rebekah M. Koor, WSBA#: 53527 Deputy Prosecuting Attorney Page 5 of lo GRANT COUNTY ARPA BENEFICIARY AGREEMENT Updated 3.26-2024 ATTACH MENT A INTERAGENCY AGREEMENT BETWEEN THE U.S. DEPARTMENT OF TREASURY AND GRANT COUNTY GRANT COUNTY ARIA BENEFICIARY AGREEMENT Updated 3,26.2024 ATTACHMENT B U.S, DEPARTMENT OF TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINALRULE EFFECTIVE 4-1-2022 ps- /h-onvAteasury,go)d,5 Page 7 of 9 GRANT COUNTY ARPA BENEFICIARY AGREEMENT Updated 3.26.2024 ATTACHMENT C U.S. DEPARTMENT OF TREASURY COMPLIANCE AND REPORTING GUIDANCE FOR CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS DATED 9.2Q - Version 5.0 id -an . Of 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 $ 100,000 of ARPA Funds in support of the class of recipients known as non-profit organizations. These organizations qualify under ARPA expenditure category 2 -Negative Economic Impacts and under subcategory 2.34 -Assistance to Impacted Nonprofit Organizations. This organization's project could also qualify under the following,, 4. General Provisions: Other, b, Capital Expenditures on page 190 of the Final Rule. Expenses under this grant must meet the eligibility criteria outlined below: 1 Eligibte Costso any revenue replacement of losses 'Incurred from the absence of norm.al fundrais-ing events ......................... during the COVID-19 pandemic. 2, Program Funding and Award Amount. The County shall make $_1_0Q,.000 ARPA funds available under Attachment A that will be paid to the Beneficiary on a Advance payment basis. At[ funds are to be disbursed no later than September 30, 2026. I Reporting. The ARPA funding will be provided via warrant to the Beneficiary upon its submission to the County of expenditure details,, together with copies of invoices, receipts and other supporting documentation for each expense for which re1mbursement is requested, along with a signed certification by the Behef icia ry that such expenses represent ' etigilbte 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 itures consistent with the application -requirements prior to payment. The Beneficiary reporting obIlgations 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