HomeMy WebLinkAboutAgreements/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: Karrie Stockton
CONFIDENTIAL INFORMATION: ❑YES ® NO
DATE:6/27/2024
PHONE: 2937
- -- - ----------
zommim- • •
Final American Rescue Plan Act (AREN,y.efi icy Agreement between
Grant County and Boys and Girls Club of the Columbia Basin in the amount of
$40,000. Term March 3, 2021 - September 30,2026.
1
If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A
If necessary, was this document reviewed by legal? ❑ YES ❑ NO 0 N/A
DATE OF ACTION:
APPROVE: DENIED ABSTAIN
D1:
D2: *771
D3:
4/23/24
DEFERRED OR CONTINUED TO:
®Agreement / Contract
❑AP Vouchers
❑Appointment / Reappointment
DARPA Related
❑ Bids / RFPs / Quotes Award
❑ Bid Opening Scheduled
[]Boards / Committees
❑ Budget
❑ Computer Related
❑ County Code
❑ Emergency Purchase
❑ Employee Rel.
❑ Facilities Related
❑ Financial
❑ Funds
❑ Hearing
❑ Invoices / Purchase Orders
® Grants — Fed/State/County
Ell -eases
❑ 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
- -- - ----------
zommim- • •
Final American Rescue Plan Act (AREN,y.efi icy Agreement between
Grant County and Boys and Girls Club of the Columbia Basin in the amount of
$40,000. Term March 3, 2021 - September 30,2026.
1
If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A
If necessary, was this document reviewed by legal? ❑ YES ❑ NO 0 N/A
DATE OF ACTION:
APPROVE: DENIED ABSTAIN
D1:
D2: *771
D3:
4/23/24
DEFERRED OR CONTINUED TO:
K24-163
ARPA LA TCF BENEFICIARY AGREEMENT
I 12-th
This ARPA LATCH` Beneficiary Agreement ("Agreement") is dated as of the day of -
June .2 024. by and between Grant County, a Washington political subdivision ("County"),
---77, 1
and the entity Boys & Girls Clubs of the Columbia Basin sa, Washing -ton State—non-profit ("Beneficiary")
with the UE1 # G5DKGJTMEZA4
Federal Tax ID # 91-1634789 and
-6.
WHEREAS 14
, the U.S. Department of the Treasury ("Treasury") has allocated to the County
$1,846,449.34 of federal funding from the focal Assistance and I It ribal Consistency Fund
(LAT CF), established by Section 605 of the Social Security Act, as added by Section 9901 of the
American Rescue Plan Act of 2021 (American Rescue Plan) and as amended by Section 103 of
Division LL of the Consolidated Appropriations Act, 2023 for the limited.purposes identified in
the Guidance For The Local Assistance * And Tribal Consistency Fund published by the U.S.
Department of the Treasury and dated in September 2023 identified as Attachment A, and the
UP I
Reporting Guidance for The Local Assistance And Tribal Consistency Fund published by the U.S.
Department of the Treasury and updated in February 2023 identified as Attachment B.
Attachments A & B are attached hereto and incorporated herein by this reference.
WHEREAS, the County desires to allocate portions of the ARPA, LATCF Funds awarded to Grant
County in support of the Boys & Girls Clubs of the Columbia Basin's summer camp program at North Elementary
WHEREAS, the County believes the provision of—funding for the health and well-being of under served chltdren
f summer e n ea e -n
D,
qualifies this project as an eligible use of ARPA LATCF Funds as outlinedpreviously.
WHEREAS, the County and Beneficiary desire to enter into this Agreement so that the County
may advance ARRA,LATCF'Funds via a direct economic support grant to provide the Beneficiary
with ffi
sucient resources to proceed as allowed under Attachment A.
NOWTHEREFORE, 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 -
L Effe
,cti
no more frequently than monthly and at minimum on. a quarterly basis, detailing the eligible
i bursement * Is being requested. Each
expenses incurred by the Beneficiary for which Reim
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 C and that such expenses have not
been nor will be reimbursed under any other government or private entity program. Such a
schedule may be modified with the prior approval of the County. Fai lure to provide any of
the required documentation may result in termination of the Agreement and 1 0 n the
withholding and/or nonpayment of all remaining funds awarded to the Deneficiary by the
County under the Agreement.
4. Advance 12aymento 0
_4. For entities receiving ARPA LAIC funds as an advance
payment, a progress and final report will be required when the funding has been expended.
At the discretion of the BOC C, 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 progres and
final report.
Inel,16 le. Uses. Non -allowable uses of AICPA LATCF Funds include without 16m"tation
ub
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 imposi tion of any tai or tax increase;
b) damages covered by insurance.; c) usage of funds as a deposit into any pension fund, d)
expenses that have been or will be -reimbursed under any federal program; e) debt service
costs; f) contributions to a "rainy days' fund; g) legal set i lemen ts; h) lobbying government
officials on behalf of the entity or the recipient and i) any and all other ineligible uses listed
in the Guidance For The Local -Assistance And Tribal Consistency Fund.
6. Termination. The County mayterminate this Agreement, for -convenience or otherwise and
for no consideration or damages, upon prior notice to the Benefictary.
7. Inde t)en!ient,.,.,C 2ntractor.. 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,
8, IndemnitiggLtiono, 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 ornission 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.
Page 2. of 8
91 Compliance -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 when disbursing ARA LATCF Funds to Beneficiary
or when seeking Reimbursement from the County.
100 :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 a I nd audit by the County or its d
4 1. Desi nee the
Washington State Auditor's Office and as required by Attachments A & B for five (5) years
after all funds have been expended or returned. If it is determined during the course of the
0
audit that the Beneficiary was reimbursed for unallowable costs Under this Agreement, the
Beneficiary agrees to promptly reimburse the County'for such payments 'upon t.
. request,
I L Notices. Any notice desired or required to be -given hereunder shall be. *
it! writing, and shall
be deemed received three (3) days after deposit 0
p it 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.a$ either party shall
01 i
designate to the other from time to time n writing forwarded in like manner,
Bengficim: r, an Boys & Girls Clubs of the Columbia Basin
Contact Name: Kim Pope
Address: 425 N. Paxson onive
City/State/ZlMoses Lake, WA 98837
p
Grant Cam Grant County Commissioners,
PO:Box 37
Ephrata, WA 98823
12. improper 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, maintai"ning, or extending this AgreementO
13. Conffict 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 confl iet of interest.
140 Time is of the essence in this Agreement.
15. Survival. The provisions of this Agreement that by their sense andpurpose should survive
expiration or termination of the Agreement shall so survive. Those provisions include
without limitation Indemnification and Maintenance and Audit of. ecords,
16. Amendment. No amendment or modification to the Agreement will be effective without
the prior written consent of the authorized representatives of the parties.
P a gy e 3) off:` 8
17. Governing.law- Venue. The Agreement woverned iill be g I *
It - n all respects by the laws of
Washington State, both as to interpretation and performance, without
I regard to conflicts of
law or choice of law provisions. Any act -Ion 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 BCW 36.01/4050*
18. Non -Waiver. No failure on the art of the County to ex
110. P , ercise, and no delay in exercising,
any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise
by the County of any rl*jzht 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. AssfQnment- The Beneficiary shall not assign or transfer any of its interests In or
obligations under this Agreement Without the prior written consent of the County.
21. Entire Agreement. This Agreement constitutes the entire agreement between theCop nt)
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 - "art y.,,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 apart to this
ti, y
Agreement. This provision shall n limit any obligation which either Party has to Treasury
not I
in connection with the use of ARPA. LATC .F Funds, including the obligations to provide
access to records and c6operate with audits as provided in this Agreement.
23. Severabilitv, In the event that one or more provisions of this Agreement shall be determined
to be invalid by any court of competent 'urisdiction or agenev having jurisdiction thereof, the
s I
remainder of the Agreement shall remain in ftill force and effect and the invalid proviions
shall. be deemed deleted.
24. Counterparts,. This Agreement may be executed in one or more counterparts, any of which
shall be deemed an original but all of which together shall constitute one and the same
instrument.
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,
Page 4 of 8
BENEFICIARY ORGANIZATION, Boys & Girls Clubs of the Columbia Basin
PRINTED NAMEs, Kim Pope M Executive Director
TITLE,
SIGNATURE,
DATED this daxt of
.
2024
BOARD OF COUNTY COMMISSIONERS
Cletk o t. e r
APPROVED AS TO FORM:
Rebekah M.Ka��frs ------ B__A #*Q 53527
Deputy 'Prosecuting Attorney
f
Paoe 5 o 8
C�
ATTACHMENT A
GUMANCE FOR THE LOCAL ASSISTANC.'E AND TRIBAL CONSISTENCY FUND
U.S. Department of the Treasury
'Updated September 2023
rr-k 0 0
W. - i nbal-Consi
https.-//home.treasu!y.gov/system/fil,es/1*36/L``ocal'Assistance st
Is ^
Fund -Guidance 202392.12at
Page 6 of 8
ATTACHMENT B
REPORTING GUIDANCE FOR THE
LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND
U.S. Department of the Treasury
Updated in February 2024
btt :/ h me.tr . / stem/files 13 6/Local-Assl*,stance-Tr*lbal-Cons St
Fund.-R.evortina-Guiclance 202302.t3df
F'acle 7 of 8
ATTACHMENT C
SCOPE OF WORK
The Board of Commissioners 'I's directing to provide the Beneficiary a total sum not to exceed
$40sOOO of ARPA LATCF Funds in support of the Boys & Girls Clubs of the Columbia Basin's
children's summer camp program at North Elementary in the Larson sub -division.
____ ............. ...... ....
Expenses under this grant must meet the
eligibility criteria outlined below:
1. Eligible Costs any costs directly associated with the materials, programs, and work of providing a summer day camp for
children at North Elementary of the Moses Lake School District. Such costs can include meals, transportation, supplies, etc.
2. Program Funding and Award Amount
The County shall make$ 40,000
of ARPA LATCF funds available under Attachment
A that will be paid to the Beneficiary on a advanced payment
basis.
All funds are to be disbursed no later than September 30, 2026.
3. Reporting
The ABPA. LATCH` funding will be provided via warrant to the B,eneflc*on its
lary tip I
submission to the County of expenditure details, together with copies of invoices, rece0pts and
other supporting documentation for each ex ense for which, reimbursementpis 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 otter aovernment 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 vayment.,
The Beneficiary reporting obligations listed above will not be required if one or both
statements below are checked:
11 7 40
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
Is
usage is required.
This beneficiary is designated as being with 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.
F -lege 8 of 8
K22-1 06 ED
OMB Approved Na. 1505-0271
Expiration Date.- 11/30/2021 1 MAY 10 202').2
U.S. DEPARTMENT OF THE TREAS ...�-
CORONAVIRUS STATE AND LOCAL FISCAL REC RY FUNDS...
01 alni
nnuumn""M
Recipient name and address: DUNS Number: 010202562
Grant County, Washington Taxpayer Identification Number: 916001319
35 C Street NW Assistance Listing Number and Title: 21.027
Ephrata, Washington 98823
Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L.
No. 117-2 (March 11, 202 1) authorizes the Department of the Treasury (Treasury) to make payments to certain recipients fiom the
Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.
Recipients hereby agrees, as a condition to receiving such payment from Treasury, agrees to the terms attached hereto.
Recipient-,
Cindy Carter, Vice -Chair
Rob Jones, Chair01A)
S1aI W )
�1. tu vp
Authorized Representative Signature (above) i ----------- — L..,
Authorized Representative Name: Danny E Stone, BOCC Chair
Authorized Representative Title., Chair
ell -7
Date Signed-,
:2�
U.S. Department of the Treasury:
Authorized Representative Signature (above)
Authorized Representative Name:
Authorized Representative Title:
Date Signed-,
Jacob Leibenluft
Chief Recovery Officer, Office of Recovery Programs
June 1, 2021
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of
information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed
to the Office of Privacy, Transparency and Records, Department of the TreasuM 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the
form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information -unless it displays a -valid
control number assigned by OMB.
.___-_-
'R,
G R ANT (34 IJ N TY C 0 FYI P01 I S S 10 N
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
-1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections
602(c) and 603(c) of the Social Security Act (the Act) and Treasury's regulations implementing that section and guidance.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and
financial capability to ensure proper planning, management, and completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As
set forth in Treasury's implementing regulations, Recipient may use award funds to cover eligible costs incurred. during the period
that begins on March 3, 2021 and ends on December 31, 2024.
3. ReDortina. Recipient agrees to comply with any reporting obligations established by Treasury., as it relates to this award.
4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c) and
603(c), Treasury's regulations implementing those sections, and guidance regarding the eligible uses of funds.
b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives,
shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other
investigations.
Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to
Treasury, whichever is later.
5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award.
6. Administrative Recipient may use funds provided tinder this award to cover both direct and indirect costs.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
8, Conflicts of Interest, Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R.
200,318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and
subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest
affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
9, Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act, regulations adopted by Treasury
pursuant to sections 602(f) and 603 (f) of * the Act, and guidance issued by Treasury regarding. the foregoing. Recipient also
agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for
such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part
200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such
exceptions as may be otherwise provided by Treasury. Subpart F — Audit, Requirements of the Uniform Guidance,
implementing the Single Audit Act., shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term
set forth in Appendix A to 2 C.F.R. Part 25 is hereby *incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term
set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part
180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and
subcontracts described in 2 C.F.R. Part 180, sub -part B) that the award is subject to 2 C.F.R. Part 180 and Treasury's
implementing regulation at 31 C.F.R. Part 19. * -
v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in. 2 C.F.R. Part 200,
Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug -Free workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and
implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31
C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § § 3601 et seq.), which prohibits
discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the
basis of disability under any program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. § § 6101 et seq.), and Treasury's implementing
regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits
discrimination on the basis of disability under programs, activities, and services provided or made available by state
and local governments or instrumentalities or agencies thereto.
10. Remedial Actions. In the event of Recipient's noncompliance with sections 602 and 643 of the Act, other applicable laws
Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2
C.F.R. § 200.339. In the case of a violation of sections 602(c) or 603(c) of the Act regarding the use of funds, previous payments
shall be subject to recoupment as provided in sections 602(e) and 603(e) of the Act.
11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U. S.C. § § 1501-1508 and
7324-7328), which limit certain political activities of State or local government employees whose principal employment is in
connection with an activity financed in whole or in part by this federal assistance.
12. False Statements. Recipient understands that rnalcing false statements or claims in connection with this award is a violation of
federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and
penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
13. Publications. Any publications produced with funds from this award must display the following language: "This project Cis
being]. [was] supported, in whole or in part, by federal award number Center project FAIN] awarded to Grant County, Washington
by the U.S. Department of the Treasury.
14. Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain
under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or
(3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603 (e) of the
Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has
not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements
have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a).
Treasury will take any actions available to it to collect such a debt.
.15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of
injury, Recipient or third persons resulting in death, bodily Miury, property damages, or any other losses resulting in any way from
the performance of this award or any other losses resulting in any way from the performance of this award or any contract,
or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States
and Recipient.
16. Protections for Whistleblowers.
a. In. accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee
in'reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of
authority relating to a federal contract or grant, a substantial and specific danger' to public health or safety, or a violation of
law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant,
b. The list of persons and entities referenced in the paragraph above includes the following:
L A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii, The Government Accountability Office;
iv. A Treasury employee, responsible for' contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to
investigate, discover, or address misconduct.
c. Recipient shall inform, its employees in writing of the rights and remedies provided under this section, in the predominant
native language of the workforce.
.17. IncreasingSeatBelt Use in the .United .States. . Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient
should encourage its contractors to adopt and 'enforce on-the-job seat belt policies and programs for their employees when
operating company-owned, rented or personally owned vehicles.
18.Redticing,TextMessaging while Driving Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009). Recipient should
encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban" text messaging while driving, and
Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 9,
OMB Approved No. 1505-0271
Expiration Date: 11/30/2021
ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department. of the Treasury, the Grant County, Washington
(hereinafter referred to as "the Recipient") provides the assurances stated herein. The federal financial assistance may include
federal grants, loans and contracts to provide assistance to the recipient's beneficiaries, the use or rent of Federal land or property
at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of
providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs,
licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. This
assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury,
including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs.,
services and activities, so long as any portion of the recipient's program(s) is federally assisted in the manner proscribed above.
1. Recipient ensures its current and future -compliance with Title V1 of the Civil Rights Act of 1964, as amended, which
prohibits exclusion from participation, denial of the benefits of, 'or subjection to discrimination under programs and
activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42
U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and
other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance
documents.
2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English
Proficiency," seeks to 'improve access to federally assisted programs and activities for individuals who, because of national
origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs,
services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil
Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate
reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful
access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail
providing ov"ding language assistance services, including oral interpretation and written translation where necessary, to ensure
effective communication in the Recipient's programs, services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and
when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP
guidance at 70 FR 6067. For more information on LEP, please visit hU://www.Igp.gogv.
4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of
federal financial assistance and is binding upon Recipient and Recipient's successors, transferees and assignees for the
period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must requireanysub-grantees., contractors, subcontractors, successors,
transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every
contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees,
I
contractors, subcontractors, successors, transferees, and assignees:
The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title PY of the
Civil Rights Act of 19641 which prohibits recipients offederal financial assistance from excluding from a program
or activity, denying benefits of or otherwise discriminating against a person on the basis of race, color, or
national origin (42 U.S.C. § 2000d et seq), as implemented by the Department of the Treasury's Title V1
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or
agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or
activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the
Treasury's Title V1 regulations, 31 CFR Part 2Z and herein incorporated by reference and made a part of this
contract or agreement. V
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal
financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent
transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal
financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any
personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or
possession of the property;
7. P
Reci ient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the
aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of
any settlement agreements that may result from these actions. That is, the Recipient shall comply with information requests,
on-site compliance reviews, and reporting requirements,
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on
the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of
1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if
Recipient has received no complaints under Title VL
9. Recipient must provide documentation of an administrative agency's or court's findings. of non-compliance of Title V1 . and
efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and
the adn miistrative agency that made the finding. If the Recipient settles a case or matter alleging such disclimmiation, the
Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative
agency finding of discrimination, 'Please so state.
10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that
sub -recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make
sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively
monitoring the civil nights compliance of sub -recipients.
The United States of America has the right to seek judicial enforcement of the terms of this assurances document
and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to
address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that he/she has read and understood its obligations as
herein described, that any information submitted in conjunction with this assurance document is accurate and complete, and
that the Recipient is in compliancewith the aforementioned nondiscrimination requirements.
(v-(AV1
Re t
Date
Signat6re'60rf Authorized Official: Za-nnTE-Sro-ffie--MCC-th-ai�""
PAPERWORK REDUCTION ACT NOTICE K, ts VL& &AA
The information collected will be used for the U.S. Government to process requests for support1he estimated burden associated with this collection of
information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed
to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the
form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of infortnation unless it displays a valid
control number assigned by OMB.
Karrie S. Stockton
From: Danny E. Stone
Sent: Tuesday, June 18, 2024 1:50 PM
To: Karrie S. Stockton
Subject: RE: Boys and Girls Club LATCF Agreement
Attachments: 2024-06-04 BOCC Presentation -Letter B&GClub.pdf; ARPA PILT -Local-Assistance-
Tribal-Consistency- Fund -Guidance.pdf
Hi Karrie,
In our opinion, this is an educational program assistance as listed in the reference I've
included below:
A non -exhaustive list of example activities that fulfill a governmental purpose
include, but are not limited to:
• Provision of health services, educational services, court ser -vices, police., fire,
emergency medical, and other public safety services, utilities or sanitation services,
and direct assistance to households (including cash assistance);
• Capital expenditures on core facilities and equipment, including in housing and
community development (e.g., schools, hospitals, childcare facilities, and parks and
recreation facilities), public safety facilities and equipment (e.g., police vehicles),
and government administration buildings;
• Infrastructure investments., including roads, bridges, water and sewer systems,
utility systems, aiNports, public transit, and technology infrastructure;
*Long-term economic development activities, including affordable housing
development, workforce development and otherprograms to strengthen local
communities undergoing economic transitions;
General government operations, such as general government administration,
personnel costs, administrative facilities, record keeping, tax assessments, or
election administration; and
• Meeting another federal program's non-federal match or cost-sharing
requirements, unless barred by statute or other applicable law (as detailedfurther
in this guidance).
This is where the reasoning came from on this grant. I've attached the source document
where this is found.
Thanks,
L%" 45. SAW
June 4, 2024
Commissioners and audience,
Thank you for allowing me to speak on behalf of the Boys & Girls Clubs of
the Columbia Basin. My name is Kim Pope, Executive Director for the
clubs in Moses Lake, and recently expanded into Kittitas County.
I'm here today to ask for your help. As you are aware, the Moses Lake
School District's budget for the 2024-2025 school year is in financial
disarray. Unfortunately, that negatively impacts the Boys & Girls Clubs in
Moses Lake. We had a contract in place with the school district to
reimburse expenses to operate our five school-based locations during the
school year and one site in the summer.
This funding elimination has a direct impact on almost 600 youth in the
community. Our school-based locations at North, Larson Heights,
Longview and Midway Elementary schools, plus Endeavor Middle School
have operated over the past 7 years via a contract between the Boys &
Girls Clubs and the Moses Lake School District. As of May 22, all funding
ceased for the programs.
am immediately most concerned about our summer camp program. At
this time, we have approximately 85 K-5 graders registered to attend the
all -day summer camp program located at North Elementary. With no
summer school occurring this year, our summer camp is even more
important to the children living in the Larson Housing area. Without a safe
and educational environment, we can only imagine the negative impact
the summer months will have on these children. In addition to running our
summer program at North Elementary, the Boys & Girls Clubs also offers
free summer meals to any child between 2-18 years old, they do not have
to be a club member to receive a free breakfast and lunch from our
distribution locations.
You are knowledgeable of the demographics in our community. North and
Larson Heights elementary schools have a majority of free and/or
reduced lunch eligible students. The percentage is even higher for the
children that attend our clubs, in 2024 North Elementary club members
were 98% free and/or reduced lunch eligible. Many families live below the
poverty level and have no other resources due to various circumstances.
Not only do we provide nutrition and educational programming, but we
offer a safe place for area children to go during the day, and concentrate
on behavioral support. All of this is especially important in the
neighborhoods we serve.
noYs & GIRLS CLUBS
OF THE COLUMBIA BASIN
425 N Paxson Dr
Moses Lake, WA 98837
Tel 509-764-9694
Fax 509-764-9695
www.bngclub.org
Officers
P J DeBenedetti
President
Kelly Price
Vice President
Amanda Walker
Treasurer
Trace Stephens
Secretary
Board of Directors
Chera Anderson
Mike Chase
Tashauna Devine Whittle
Rory Knapp
Stacey Lehman -Garcia
Charlie Lyons
Jason McGowan
Bryton Redal
Blake Rollins
Karli Skjervold
Cameron Whittle
Executive Director
Kim Pope
Operations Director
Cecily Hendricks
Resource Development
Olivia Boyer
We also operate a summer program at our McGraw Family Clubhouse for
another 100+ youth, including a teen center, as well as school -year
programming for 600+ youth. Funding for those programs is not
associated with the school district other than transportation during the
school year.
respectfully ask for emergency financial assistance to continue to offer
an all -day summer program to the children in the Larson Housing
community. If Grant County has ARPA funds that have not been
expended, I cannot think of a better investment than in the 85+ youth we
expect to serve.
The budget that we established with the school district last summer
included $40,000 to operate the summer program. Because of the
elimination of summer school, we anticipate having even more families
register their children for our program, increasing the expenses. At this
point, through some targeted campaigning, we have $4,000 committed
from businesses in Moses Lake. We continue to campaign for funding to
operate in the summer and through the next school year.
I ask that you consider earmarking $40,000 towards the Boys &Girls
Clubs summer program at North Elementary.
Today I am accompanied by my Board President, P J De Benedetti, and
our Director of Operations, Cecily Hendricks. We are all available to
answer questions, offer statistical information, and discuss the direct
impact our programs have on the neediest families in our community.
appreciate your time and your consideration. Thank you.
In service of youth,
Kim Pope
BOYS & GILLS CLUBS
OF THE COLUMBIA BASIN
425 N Paxson Dr
Moses Lake, WA 98837
Tel 509-764-9694
Fax 509-764-9695
www.bngclub.org
Officers
P J DeBenedetti
President
Kelly Price
Vice President
Amanda Walker
Treasurer
Trace Stephens
Secretary
Board of Directors
Chera Anderson
Mike Chase
Tashauna Devine Whittle
Rory Knapp
Stacey Lehman -Garcia
Charlie Lyons
Jason McGowan
Bryton Redal
Blake Rollins
Karli Skjervold
Cameron Whittle
Executive Director
Kim Pope
Operations Director
Cecily Hendricks
Resource Development
Olivia Boyer