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HomeMy WebLinkAboutGrant Related - BOCC (003)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: Kai'f 12 Stockton CONFIDENTIAL INFORMATION: ❑YES ®NO DATE: 1 1 /7/2024 PHONE: 2937 ILUM WIN im []Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment RARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑ Computer Related ❑ County Code ❑ Emergency Purchase ❑ Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing El Invoices / Purchase Orders ®Grants — Fed/State/County ❑Leases ❑MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations [:]Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB SUG T'E6_ DIN FOR AGENDA: (Who, What,'Then, W'h , Term, cost, eta. American Rescue Plan Act (ARPA) Beneficiary Agreement between the Wellness Place and Grant County. Term is March 3, 2021 to September 30, 2026. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A ii DATE OF ACTION: f APPROVE: DENIED ABSTAIN D1: D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: WITHDRAWN: K24-272 ARPA BENEFICIARY AGREEMENT This ARPA Beneficiary Agreement ("Agreement") is dated as of the - 24th day of May 1 20231 by and between Grant County, a Washington political subdivision ("County"), and the entity Wellness Place (Federal Tax 1D#91-18Q1Gas UET #_ A_LT1L2JQjV4 ), a Washington State lax exempt pubfir charilable uMal3i "Beneficiary"). WHEREAS, the U.S. Department of the Treasury ("Treasury"') has allocated to the County $18.,983.,,490.00 of federal still -lulus funding from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Funds under CFICA 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. Acf for the limited purposes identified in the Agreement between the rr.11_1 a.'o A r-_ " 11 K cl / A 4- i4 'Ju C' A 4-,A T7 A TXT -4 4-�CT ic r: �,4 — — I I C a SUWY, A.J1 wMilit C."ounty d0signatcd Ulidei JuAIN n ltol.4117- .2169 ) llil;u 46 Attachment A. the Coronavirus State and Local Fiscal Recovery Funds Final Rule ("Final Rule"), identified as Attachment B, and the Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds ("Compliance & Reporting Guidelines"), identified as Attachment C. Attachments A, B & C are attached hereto and incorporated herein by this reference. WHEREAS, the County desires to allocate portions of the ARPA Funds awarded to Grant County in support Of renlacinglast revenija for fbe class c� lQral non-prafit oroanizatons is under-- erved. populations and other segments of our population. Notable negative economic impacts by the Beneficiary include the following: Lost revenue from curtailed operations. Non-profit organizations serve some of the most heavily impacted groups during the pandemic. The negative physical and social impacts of COVID-19 kept these organizations from being able to raise funds and provide services as they normally would. These entities need an infusion of funding to restore their services to the impacted populations they serve. WHEREAS, the County believes the provision of services by local non-profit o[ganizations to our citizens benefit a wide array of socio-economic groups. Assisting those organizations with revenue replacement is vital to the continued operations of those entities and ultimately benefits both the under -served and the general citizenry of our area. 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 Tenn. 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. 2. ARPA Funds. The County agrees to provide to the Beneficiary a total dollar sum not to exceed $ m000.00 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. Reimbursement Request SU-port. For entities receiving ARPA Funds on a reimbursement basis, to facilitate release of ARPA 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 tbP'RPn pf'i oi qpu fnr uihi t-'h P Pimhi mzpm Pilt -mipOpt! Farb R LmbursementrPniieQt V JR. ;�� -- --t is boil, a rr 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. Advancep ent Su ort. For entities receiving ARPA funds as an advance payment, a progress anct tina! report win ue requirea wnen tne tuncang nas been expenaleu. 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 fnflnwillg: q1 114zncre. n 1-nds it], I ­,W f fly to P ek-rdirectiv or ind'naothr offket q rp.diirtin-n in Ilet fny I - .1 -- 11Z - Q__ 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; f) 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. ply I I d" I i "rllq I I I , I A I lnuependem (,ontractor. Each party unaer tne Agreement Shall oe ior 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 e ' loyee between the parties. The Beneficiary shall not be, or be deemed to be, or act or MP I purport to act., as an employee, agent, or representative of the County for any purpose. Page I 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 debarment and other required certifications and audits) of Attacbments A & B, and Compliance & Reporting Guidelines to the extent applicable, when disbursing ARPA Funds to Beneficiary or when seeking Reimbursement -F-rnm fbp rl A C011-My a-fl-i. Tar' A� -iV * 10. Maintenance and Audit of Records. The Beneficiary shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by the County or its designee, the Washington State Auditor's Office and as required by Attachments A & B, and Compliance & Reporting Guidelines for five (5) years after all funds have been expended or returned. If it is deten-nined during the course of the audit that the Beneficiary was reimbursed for unallowable costs under this Agreement, the Beneficiary agrees to promptly reirnburse the County for such payments upon request. --!L -r , i 11. fN otces. Any notice desired or reqairea to be given hereunder shall be in writing, and shah 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: Wpliness Place Contact Name:.Marissa Collins Address: P.O. Box 1802 City/State/Zip: Wenatchee Wa. 98807 Grant C Grant County Commissioners P.O. Box 37 Ephrata, WA 98823 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or . "A +X , 0— m'P *&AJ1JLJaiAwitaxalVC1011 1 L!I.YU! a %WV.LIU6VUL sk."Vl FClIS,1011 MRS 101MCWFUSC01 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 I 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. ,""I 17. Governing Law; Venue. The Agreement will be governed in all respects by the laws of WnSIIIiInatn" qtqtp linfli qq to intp rptniinin n"11 nprfn M-1 rm Arith ut rpanrd fn rol 4tD 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 ftuther 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. 90 "r-t 0 P-"" .10 0 t Binding hitect. I his Agreement shall be binding upon and inure to the bene o me parties hereto and their respective successors, 20. Assiginvent. 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 Agyeement. 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. . -1 0 J- 2'2. iNo inirct-Paqy- tieneilciaries. m-ming nerein sha'a or ne aeemeato create or conter any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to Treasury in connection with the use of ARPA Funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 23, everability. 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 fall force and effect and the invalid provisions shall be deemed deleted. Page 1 of 9 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. DATED this day of 2024. BENEFICIARY ORGANIZATION: Wellness Place Ptr PRINTED NAME: riiscKi V(qT__,TITLE: 't )(VC, SIGNATURE: DATED this day of klo il�b&,- —, 2024. BOARD OF COUNT -COMMISSIONERS COUNT/T,W INGTON Cindy Carter, hair Danny E Stone, Vice Chair too" W Rob Joember /q /'Barbara J. Vasquez, Clerk of the Board Da 7" A7p/,o,we XZ or Rebekah M. KXIor, WSBA#: 53527 Deputy Prosecuting Attorney Page 1 of 9 ATTACHMENT A INTERAGENCY AGREEMENT EMENT BETWEEN THE U.S. DEPARTMENT OF TREASURY AND .ttac ment A to be provided on a separate docwnent Page 1 of 9 ATTACHMENT B U.S. DEPARTMENT OF TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINAL RULE EFFECTIVE 4-1-2022 httvs:/'/liotiie. treasury. gov/systeni/files/ I -') 6/S LF RF -F itial-R-til e --_)df _ Pacre I 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 .https.,/'/bome.treastiry.grov/sys-tem/",filei,--i" i3" 6 'SLFRF-Cowp'liance-aiid-Repoi-ti-ng-G-Liidance. Page I of 9 ATTACHMENTD SCOPE OF WORK The Board of Comn-tissioners is directing to provide the Beneficiary a total dollar amount not to exceed $ io 3000.00 ' of ARPA Funds in support of the class of recipients known as non-profitorganizations, These organizations qualify under ARPA expenditure category 2-Negative Economic Impacts and under subcategory 2.34-Assistance to Impacted Nonprofit Organizations. Expenses under this grant must meet the eligibility criteria outlined below: EligibleCOAS Any costs associated with the nonprofit's mission to meet the needs of their community members. These co ujd in-oJude de n . wilb decreased Levjeanije, fing 'al inn C.j ecturi-Ly, ingreg -d e co opk, the Mpacjt Lo Welfalhe-r hinandal bard—hip, challenges cove[ing pa-yroll. rent or morAtage, and other operating costs (OFR pg 23). Fur]ds from this grant Will be used specifically to f Mnd this entily's services to citizens_ of Grant County. WA. 2. Program Funding and Award Amount The County shall make $ io,opo.00 of ARPA funds available under Attachment A that will be paid to the Beneficiary on aAdvance Pament basis. Allfunds art to be d-t-sbmirseed no later tUhart:Septetnber 30,2026. 3. Reporting The .,ARP., 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 vate 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 10 prior to payment. The Beneficiary reporting obligations listed above will not be required if one or both statements below are checked: Fa7_1_ A nnrrntive. blid(yetanrl -la- has previouslv s binitterl bxj, the an 11% V j I IN I i c —ant and an rovekd -V--, 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 1 of 9 ?3 T) In- AY 7 _11;X OYM Approved No. 1505-0271 k RV V Lij ExpirationDate: 11/30/2021 MAY 10 2022 U.S. DEPART I�MNT OF THE TREASUR' CORONAVIRUS STATE AND LOCAL FISCAL RECO RY FUNDS Recipient name and address: DUNS Number: 010202562 Grant County, Washington Taxpayer Identification Number: 916001319 35 C Street NW Assistance Listing Number and Title: 21.027 Ephrata, Washington 98823 41A, VU 4L'uou E)y 8" _L1 YYU ()-tile !I-MenCa7fl Xescue Act, P L) aL An ub, L. No 117-2 (March 11, 202 1) authorizes the Department of the Treasury (Treasury) to make payments to certain recipients fron, th Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. e Recipients hereby agrees, as a condition to receiving tvmg such payment from Treasury,, agrees to the terms attached hereto. Recipient: Authorized kepresenftive Signature (ab Authorized Repr6sntative Name: Authorized Representative Title: Date Signed: U.S. Department of the Treasury: AmLliorizea Kepresentative Signature (above) Authorized Representative Name: Authorized Representative Title. - Date Signed: Danny E Stone, BOCC Chair-' Chair dgip 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 Proms 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 Treasury, 1500 Pennsylvania Ave., NX, Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not LeViredle, reWIA 0, a collection of information unless it displays a valid control number assigned by ONM. In's rarz iVe R 1 Low -L FA .... .. lih OCT 2 MAY 0 5 2022 9 -T C U.S. DEPARTATENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 11. Use of a, 1-0cipientunderstands and agrees that thefundsdisbursed under this award may only be used m compliance with sections 602(c) and 603(c) of the Social Security Act (the Act) and Treasury's regulations implementing thaf section. and guidance, b. Recipient will determine prior to engaging in any project using this assistance that it'has the institutional, matiagmial,, 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 51M W1111 M Ire- xy -6- m3p kancu g 1:egulax urls) R-ecipient 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. Rmorting. Recipient agrees to comply with any repoiling obligations established by Treasury, as it relates to this award. 4. MaWte s tQ Rer nmcg of ccesco md— A a. Recipient shall maintain records and fmancial 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 GOVemment Accountability Office, or their authorized representatives,, shall have the right of access to records (electronic and otherwise) of ReciIP ient in order to conduct audits or other investigations. 'PArnrAq Qlinll IkA in frby Prcipient for a vk4%,#4^A A­4?-r,crt% fjz% r�iAjL 4AV�w ") LGljurjeC,L ekyafL haV VU00BI OPOUO'durreLatoTreasury, whichever is later. 5,Tre-award Costs. Pre -award costs, as defined M" 2 C.F.R, § 00.458, may' not be paid with fimding from this award A&MLs. afive Costs.. Recipient may use funds provided under this award to cover both direct and indirect cost. Sts. 1i afA-M14� -_�_ _-_ UI J W oaiiiim -muI_Ud'sen— reqilreU10 be proviced by Recipient B -.Conf lict9--of hLerult, 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 subrecipie,uts must disclose in writing to Treasury or the pass -through entity, as appropriate, any potential conflict of interest affecting the awardedmds in accordance with 2 C.F.R. § 200.112, grit It - - 9. U=11=109.Vitft AIDDlica-ble;L and. P-e9wations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act, regulations adopted b� Treasury 0 pursuant to sections 602( 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 partio in any agreements it enters into with other parties relating to this award, I " Federal .4 ullati applicable A �_u' D Federal reg . ions applicable to this award MCI de, Wifhout limitation., the bollowmig: i L Unifon-n 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 subj ect to such exceptious 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 T Tin 4 1 Ile al IdellfiAlmr wn A Qxrof;wn Fr%-r (Q A .,�, V ) 4-11 *4�� ii wWA" IL„ bd 4 set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. the awaxd tetm HL 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 inootporated, by reference, iv. 01�ffl Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocuxement),, 2 C.F.R. Part 190, including the requixement to include a term or condition in all lower tier covered. traw. actions (C.0 n f and ... - - - -r- J 'n _P. ;Z subcontracts described in 2 C.F.R. Part 180, Subpart B) that the award is subject to 2 C.F.R. Pact 180 and T'r�ie`; implementing regulation at 31 C.F.R. Part 19. ' asury's V4 RJvQi. -------- ---- - SI Purs'Liallt to w"Ma Ule award term set tOrttl M Y, UP X Part 200 AAppendXH to Part 200 is hereby incorporated by reference, , vi. Governmentwide Requirements for Drag -Free Workplace, 31 C.F.R. Part 20. vil. New Restrictions on Lobbying, 31 C.F.R. Part 21. 6*0 vW, Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § § 4601-4655) and Implementmg regulations, ix. Generally applicable federal environmental laws and regulations. Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following; 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, wbich prohibit discrimination on the basis of race,, color. or national origin under t) grams TO activities receiving federal financial assistance; I The Fair Housing Act, Title VEEI of the Civil Rights Act of 1968 (42 U.S.C. § § 3 601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; ni. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits disormimiation 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 discr=iination on the basis of age in programs or activities receiving federal financial assistance, and V v. Title E[ of the Americans with Disabllitie§ Act of 1990, as amended (42 U.S.C. § § 12 101 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,Ame-did A-clins. oIn the event of Recipient"s noncompliance with sections 602 and 603 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may "impose additional conditions on the receipt of a subsequent tranche of fature award finds, if any, or take other available remedieg as set fork M* 2 C.F.R. § 200.339. In the case of a violation of section's 602(c) or 603(c) of the Act regarding the use of ftmds, previous payments shall be subject to recoupment as provided in sections 602(e) and 603 (e) of the Act. I-L-Hatch- Act., Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U. S.Q. § § 15 01-1508 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. .12LY-alst-&-iments., Recipient understands that making false statements or claims in connection with this award is a -violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisomnent, civil damages and ET A mIx" .rMent ft= P--,-96"afing I.- -P-A,.s,I allut "Lae AlJ or UUMMOLS or any o 11 r mmedy avali lablej by law. 13. Publicatim, An y publications produced with funds, from this award must display the fallowing language: "This project is being) . [was] supported, in whole or in p4 by federal award number [enter projoct FAIM awarded to Grant County, Wasbington by the U.S. Department of the Treasury." 4. Debts we the the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient ipient is &ally determined to be authorized to ret am under the terms of this award; (2) that are deterniined by the Treasury Office of Inspector General to have been misused; or (3) that are detemiined 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 govemment. b. Any debts determined to be owed the federal govenunont must be paid promptly by Recipient. A debt is delinquent if it has paid ` -E the "ate spec' 1- '? - ! i - not been id by a aied in I reasury, s initial written demand for payment, unless other safisfactory arrangements have been made or if the Recipient ImOwingly 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, a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily i * ertv damages, or any other losses resulting Miury, prop in any way ftoiij the performance of this award or any other losses resulting p 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 ReGipient. -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 of the list of persons or entities pro-vided below, information that the employee reasonably Mg believes is evidisclos' to anydence of gross mismanagement of a federal contract or grant, a grpss waste of federal Rinds, 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, idle, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant, If The i t i. -L, M. .6 . - 0" 'Lae USL olpersons ana entities reteroncedmtheparagraphaboVe includes flie following: i. A naember of Congress or a representative of a committee of Congress; I An Thspector General; in. The Government Accountability Office; �i_VF ffAx Iii�Zi'WY k;MP-1pyQe� r1VeqspJVxit­k6s i"UAI- U- winidu Urgraet oversiglit oMaagement; v. An authorized official of the Department of Justice or other law enforcement agency- Ic vi. A cot rt or grandjury; or vu. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct, c. Recipieat shall infonn its employees in writing of the rights and remedies provided under this section, in the predojllinant native language of the workforce. Increasingy SmA.Belt In Ik_U njted.SJate6, Pursuant to Executive Order 13043,,62 PR 19217 (Apr. 18,, 1997)p Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs far their ern to when operating company -owned, rented or personally owned vehicles. 18. Re_d_ugIngTest �Pursuant _ Messaging e _D - - MYM9, ant to Executive Order 13 513, 74 FR.51225 (Oct. 61 2009). Recipient should encourage its employees, subrecipients,, and contractors to adopt and enforce policies that ban text messagmg whilo driving, and Recipient should estiblish workplace safety policies to decrease accidents caused by distracted drivers. OMB Approved No. 1505-0271 Expiration Date-, 11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS AS SLTRANCE OF COWLIANCE WITH TITLE V1 OF THE CIM 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") ides the assurances stated herein. The foderal financial assistance may include ipi provides federal grants, loans and contracts to provide assistance to the recipient's beneficiaries, the use or rent of Federal land or property IP at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangement with the intention of Drovidina assistance. Federal financial assistance does not encompasts contrac.tsq of cniarqnte Ir q+,C,14 j4 %46 e,4nmula— pror-_--Xawz licenses, procurement contracts by the Federal goverment at market value, or programs that provide direct benefits. This , assurance applies to all -federal fmandal assistance from or funds made available tbroug'h the Department of the Treasury, including any assistance that the Recipient may request in the Riture. The Civil Rights Restoration Act of 1987 provides that, the provis-ons of this assurance apply to all of the -Oro i grams, services and activities, so long as any portion of the recipient's prograr n(s) is federally assisted in the manner Proscribed above, 1. Recipient ensures its current and AiWre -compliance with Title VI of the Civil Rigfits Act of 1964, as amended, wbich prohibits exclusion from participation, denial of the benefits of, *or subjection to discfm�natjon under programs and activities receiving federal funds., of any person , , in the United States on the ground of racecolor, or nationaol I rigin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treas 'my 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 aolmowledges that Executive Order 13166, "hnProving 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 on 4gin discnrnm ation prohibited under Title V1 of the Civil Unp initiate Rights Act of 1964 and the Department of the Treasury's i ' lementing regulations. Accordingly, Recipient sha reasonable steps, or cooly with the Depatinient of the Treasury's directives, to ensure that LEP persons have meaninew gful nnni-111CIS +0 4fo "-e ro cg'+ 13 4 54 _WJ It twea4iIIA! access may orktail providing language assistance services, including oral interpretation and written translation where necessal-y. 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 a -ad when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEIS' guidance at 70 FR 6067. For more information on LEP, please visit hU://wwwj go- 4. Recipient a6nowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees., contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in ever 0 Y contract or agreement subject to Title. VI and its regulations between the Recipient and the Recipient's sub-grwitees, contractors., subcontractors, successors, transferees, and assignees: The sub grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title Y1 of the Civil Rtghts Act of 1964, which prohibits recipients offederalfinancial assistanceftom excludingftom aprogram 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 o the Y�easury's 77tie py re )f ewlations., 31 CFR Part 22. which are heretn in corporahed b-,v re-ferenep -an- d m,,7,A apryv�^ A agreement). 27de PY also includes protection to persons with ""Limited English Proficiency ' in � �a'&"ny progran, or activity receiving federal financial assistance,, 42 UAC. § 2000d et seq., as implernented by the Department o the Treasury's Title T17regulations if contract or agreement. , 31 CFR Part 2Z and herein in c orpora ted by referenc e and m a de a pa rt of this 6. Recipient understands and agrees that if any real property , or structure is provided or improved, with the aid of federal fhpnep?-Xfs�-M nf f6gh nnsiv=- oubl-^aaws 1i Ulu Accipment, ule 01 a SUbSe or case ^ quent transfer, the, transferee, for the period during which the real property or structure is used for a purpose for which the federal fmancial assistance is extended or for another purpose involving the provision of similar services or benefits. if any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property; 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations, Enforcement may include in'restigation, arbitration, mediation, litigation, and monitorffig of any settlement agreements that may result froln 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 Deparftnentof the Treasury of any complaints of discritnination on the grounds of race, color, or national origin, and limited English proficiency covered by Title V1 of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all suchreviews, or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasw-y if Recipient has received no complaints under Title VL 9, Recipient must provide documentation of an administrative, agem tP c.v. r fl 4 ✓n n-PTJ4-1 W W.I. .4j.0 and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative, agency that made the finding, If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documcntatioa of the settlement, If Recipient has not been the subiect of any court or administrative agency finding of diserhuffiation, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-reciM cents also comply with Title VI and other ELRplicable authorities covered d in. . ere. - tbis doemme'n"'tA-t-e� age-LICie-8 t nnke sub -awards must have in place* standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub -recipients. The United States of America has the right to seek judicial enforcement of the terns of this assurances document and nothing M' this document alters or liraits 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 lie/she has read and understood its obligations as herein described, that any information submitted in conjun'dion with this assurance document is accurate and complete, and in COMP1 - that the . Recipient is iaace with the aforementioned nondiscri M*ation requirements. A V( Re Date Cigna fAuthorizedOffic"t'a-L"' PAPERWORK PMUCTION ACT NO"ME VL Ins CJ� The information collected will be used for the U.S. Govennnentto process requests for support. e estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden esthnate, and suggestions for reducing this burden should be directed to the Office of Privacy., Timsparency and Records-, Department of the Treasury, 1500 Pennsylvania Ave,, NX. WasbiAgtan, D.C. 20220v DO NOT s-e-r-d- th_� form to this address. An agenoy may not. conduct or sponsor, and a person is not required to respond to, a collection of inf.;Ma,tion unless it displays a valid control, number assigned by OMB.