Loading...
HomeMy WebLinkAboutAgreements/Contracts - BOCCGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: BOCC REQUEST SUBMITTED BY: Karrl@ Stockton CONTACT PERSON ATTENDING ROUNDTABLE: K81"I"12 Stockton CONFIDENTIAL INFORMATION: ❑YES ® NO SATE: 4/16/2025 PHONE:2937 ❑Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ®ARPA 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 ❑ 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 American Rescue Plan Act (ARPA) Beneficiary Agreement between Patriot Church of Spokane Valley and Grant County in the amount of $44,000.00 Term is March 3, 2021 - September 30, 2026. This replaces Jacob's Well/House of Hope agreement. If necessary, was this document reviewed by accounting? ❑ YES ❑NO ON/A DATE OF ACTION: `I" 7%Z--Z5 DEFERRED OR CONTINUED TO- APPROVE: DENIED ABSTAIN D2: WITHDRAWN - ■ 4/23/24 Reappropriation of ARPA funds for Opioid and Substance Use Disorde Services in Grant County I The original grant award, $72,000 from ARPA funds., was provided to establish a men's Sober Living Home, Jacob's Well Transformation House in Grant County. Two separate entities, the House of Hope Ministry and the Columbia Basin Foundation, had agreed to become the fiscal agent for the awarded ARPA funds. Unfortunately, however, both withdrew involvement. Establishing a like-minded, local 501c3 fiscal agent partner to establish a men"s Sober Living Home has been challenging, and an ongoing pursuit to find such a partner would expend time we don't have. By reallocating $44,000 of the original $72,000 ARPA grant, we can provide a much -needed transportation service for Grant County residents (and/or visitors) who presently struggle with opioid use disorder (OUD) or substance use disorder (SUD). ARPA Reallocation Resource Usage - $44,000 Vehicle purchase: Toyota Corolla Hybrid after taxes and fees $30,000 Monthly operational costs: Fuel, meals, oil changes, etc. $700 x 12 months = $8,400 $8,400 Vehicle insurance: One year $1,50Q Administration fee for 501c3 fiscal agent $3,960 Other start-up expenses, e.g. business cards and fliers $140 Total: $44,000.00 Y,f gyXf%t �K� K31r i.A � l-'.Y�Y4 f ! Ti h.../ S.y„f Lease vehicle monthly - $700.00 x 12 = $8400.00 $8400.00 Insurance for the vehicle (yearly fee) $1500.00 Liability Insurance for the Transportation Service $1500.00 Camera and its installation for the Transportation Service vehicle $300.00 Cell Phone purchase and monthly service fee (one year) $1000.00 Maintenance,, Fuel expenses, protective seat covers, etc. Monthly - $580 x 12 = $6900.00 $6,900.00 Administration Fee - 10% of $44.000 = $4,400 $4,400.00 Chaperone fee $100 — Female client needs female chaperon during transportation Est. 50 $5,000.00 Drivers Fee $300 per trip — The goal is 50 for the year $300 x 50 = $15,000 $15,000.00 Estimated total costs for Option Two (12 months of service) $44,000.00 :C01MU M-OL91-11 r% %irant County Organization Name: Patriot Church Spokane Valley Mailing Address: POB 1323, Moses Lake, WA 98837 UEI & FID:33-1360152 Organization Contact:Aaron Nobile Contact Email: pastoraaran@patriotchurch.us Contact Phone IVumber:541-961-4157 Who is Signing Contract (name/title): Michael McKee /Treasurer Date of Submission:4/14/2025 Name of Project: Rapid Response Road to Detox Amount Requested: $44,000.00 In the form below place as much pertinent detail as needed to explain the project and why you feel your organization needs these funds. Also please quote from the final rule the guidance your organization believes justifies your request. Attach a separate document if required. Email submission to: ommisinr rantcount vv av See attached To take advantage of the additional flexibility to cover the costs of meeting these requirements, the Obligation IFR lists the information that a recipient must submit to Treasury regarding estimates of SLFRF funds that it will use to cover administrative and compliance related expenditures. Treasury will update the SLFRF Compliance and Reporting Guidance to reflect recipients' additional reporting regarding these estimated amounts. The Obligation IFR also clarifies that recipients may continue to charge their current negotiated indirect costs rate agreement established with their federal cognizant agency or the de minimis rate of 10 percent of modified total direct costs pursuant to 2 CFR 200.414(f), after December 311 2024 through December 31, 2026. Additionally, the Obligation IFR states that Treasury considered some recipients' comments to revise the rule to define "costs incurred" by reference to recipient appropriation, budget, or allocation processes, and explains that this approach would not provide a standard that could be applied consistently across recipients. APPLICATION OF OBLIGATION DEADLINE TO SUBRECIPIENTS Subrecipients are not subject to the December 31, 2024 obligation deadline. The obligation deadline applies to the recipient of SLFRF funds, and a cost is considered to have been incurred once a recipient enters into a subaward or contract that obligates the recipient to cover that cost. Neither subrecipients nor contractors need to take additional steps to obligate SLFRF funds after entering into a subaward or contract with the recipient. AMENDMENT AND REPLACEMENT OF CONTRACTS AND SUBAWARDS In general, recipients cannot re -obligate funds or obligate additional SLFRF funds after the obligation deadline of December 31, 2024. For instance, if a contractor makes a change order request after December 31, 2024, that necessitates a contract amendment, the recipient would not be permitted to obligate additional SLFRF funds to the project because the obligation deadline would have passed. However, after the obligation deadline, recipients are permitted to replace a contract or subaward that was entered into prior to December 31, 2024 under the following circumstances: 1. The recipient terminates the contract or subaward because of the contractor or subrecipient's default, the contractor or subrecipient goes out of business, or the recipient determines that the contractor or subrecipient will not be able to perform under the contract or carry out the subaward. 2. The recipient and contractor or subrecipient mutually agree to terminate the contract or subaward for convenience. 3. The recipient terminates the contract or subaward for convenience if the contract or subaward was not properly awarded (for example, if the contractor was not eligible to receive the contract), there is clear evidence that the contract or subaward was improper, the recipient documents the determination that it was not properly awarded, and the original contract or subaward was entered into by the recipient in good faith. Treasury will update the SLFRF Compliance and Reporting Guidance for recipients to report any contract or subaward replacements after the December 31, 2024, obligation deadline. 0 GRANT COUNTY ARPA BENEFICIARY AGREEMENT This ARPA Beneficiary Agreement ("Agreement") is dated this 14th day of April 9 2025, by and between Grant County, a Washington State political subdivision ("County"), and the entity, Patriot Church Spokane Valley --------- . Federal Tax ID#: 33-1360152 UEI #: (Beneficiary). a Washington State non-profit organization WHEREAS, the U.S. Department of the Treasury ("Treasury") has allocated to the County $18,983,490.00 of federal stimulus funding from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Funds under CFDA No. 21.027 ("ARPA Funds") under Section 602 (b) and 603(b) of the Social Security Act, as amended by Section 9901 of the American Rescue Plan Act ("ARPA Act"), for the limited purposes identified in the Agreement between the Treasury and Grant County designated under FAIN # #SLFRP2169 (Agreement), identified as Attachment A, the Coronavirus State and Local Fiscal Recovery Funds Final Rule ("Final Rule"), identified as Attachment B, and the Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds ("Compliance & Reporting Guidelines"), identified as Attachment C. Attachments A, B & C are attached hereto and incorporated herein by this reference. WHEREAS, the County desires to allocate portions of the ARPA Funds awarded to Grant County in support of responding to the public health emergency for the class of local non-profit organizations serving our various under -served populations and other segments of our population. Notable negative economic impacts by the Beneficiary include the following: This entity is being created to respond to the health crisis of increased drug abuse, addictions and homelessness so prevalent as a result of the COVID-19 pandemic. Non-profit organizations serve some of the most heavily impacted groups experiencing the most negative physical and social impacts of COVID-19 WHEREAS, the County believes the provision of ',,i,,s by local non-profit organizations to our citizens benefit a wide array of socio-economic groups. Assisting those organizations serve some of the most heavily impacted groups experiencing the most negative physical and social impacts of COVI D-1 9. qualifies this project as an eligible use of ARPA Funds as outlined previously. WHEREAS, the County and Beneficiary desire to enter into this Agreement so that the County may advance ARPA Funds via a direct economic support grant to provide the Beneficiary with sufficient resources to proceed as allowed under the Attachments A & B. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below, the parties agree as follows: 1 Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2026, unless terminated by the County in writing. Page 1 of 9 GRANT COUNTY ARPA BENEFICIARY AGREEMENT 2. ARPA Funds.. The County agrees to provide the Beneficiary a total sum not to exceed $44,000 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. Reimbursement Request Support. 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, detailing the eligible expenses incurred by the Beneficiary for which Reimbursement is being requested. Each Reimbursement request submitted by the Beneficiary will include a signed certification by the Beneficiary that such expenses represent eligible expenses incurred by the Beneficiary based on the eligibility criteria outlined in Attachment D and that such expenses have not been norwi[L be reimbursed under any other government or private entity program. Such a 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. Ineligible Uses. Non -allowable uses of ARPA Funds include, without [imitation, the following: a) usage of funds to either directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation or administrative interpretation during the covered period that reduces any tax or delays the imposition of any tax or tax increase; b) damages covered by insurance; c) usage of funds as a deposit into any pension fund; d) expenses that have been or will be reimbursed under any federal program; e) debt service costs; f) contributions to a "rainy day" fund; g) Legal settlements and h) any and all other ineligible uses Listed in the Final Rule. 5. Termination. The County may terminate this Agreement, for convenience or otherwise and for no consideration or damages, upon prior notice to the Beneficiary. 6. Independent Contractor. Each party under the Agreement shall be for all purposes an Independent Contractor. Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Beneficiary shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 7. 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. Page 2 of 9 GRANT COUNTY ARPA BENEFICIARY AGREEMENT 8. 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, and Compliance & Reporting Guidelines to the extent applicable, when disbursing ARPA Funds to Beneficiary or when seeking Reimbursement from the County. 9. Maintenance and Audit of Records, The Beneficiary shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by the County or its designee, the Washington State Auditor's Office and as required by Attachments A & B, and Compliance & Reporting Guidelines for five (5) years after all funds have been expended or returned. If it is determined during the course of the audit that the Beneficiary was reimbursed for unallowable costs under this Agreement, the Beneficiary agrees to promptly reimburse the County for such payments upon request. 10. Notices. Any notice desired or required to be given hereunder shalt be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its Last known address., or to such other person or address as either party shalt designate to the other from time to time in writing forwarded in Like manner: Beneficial-y: Organization: Patriot Church Spokane Valley Contact Name: Mike McKee Address: PO Box 1323 City/State/Zip: Moses Lake Washington 98837 Grant County: Grant County Commissioners PO Box 37 Ephrata, WA 98823 11. 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, maintaining, or extending this Agreement. 12. 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. 13. Time, Time is of the essence in this Agreement. 14. 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. Page 3 of 9 GRANT COUNTY ARPA BENEFICIARY AGREEMENT 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; Venue. The Agreement will be governed in all respects by the Laws of Washington State, both as to interpretation and performance, without regard to conflicts of law or choice of Law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Grant County, Washington or as provided by RCW 36.01.050. 17. Non -Waiver. 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 shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the County at Law or in equity. 18. Binding Effect, This Agreement shalt be binding upon and inure to the benefit of the parties hereto and their respective successors. 19. Assignment. 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. 20. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Beneficiary for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 21. No Third -Party Beneficiaries. ' Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not Limit any obligation which either Party has to Treasury in connection with the use of ARPA Funds, including the obligation to provide access to records and cooperate with audits as provided in this Agreement. 22. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having Jurisdiction thereof, the remainder of the Agreement shalt remair! in full force and effect and the invalid provisions shall be deemed deleted. 23. 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. 24. 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. Page 4 of 9 GRANT COUNTY ARPA BENEFICIARY AGREEMENT Updated 3.26.2024 IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. DATED this 1 5th day of April BENEFICIARY L............ Signature: Printed Name: Michael McKee Title / Position: Board Member/Treasurer DATED this dayofVki� I ATTE T: LOOP r Barbara J. Vasquez, Clerk of the Board Via Ana:(. _ Approved as to form. ,2021r.5' BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Rob Jones, C h a i r Cindy CarteA, Vice Chair Kevin Burgess, Member Page 5 of 9 GRANT COUNTY ARPA BENEFICIARY AGREEMENT ATTACHMENT A INTERAGENCY AGREEMENT BETWEEN TH E U.S. DEPARTM ENT OF TREASU RY AN D GRANT COUNTY Page 6 of GRANT COUNTY ARPA BENEFICIARY AGREEMENT ATTACHMENT B U.S. DEPARTMENT OF TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINAL RULE EFFECTIVE 4-1-2022 �i -. ./ orrie.t. as ry.. V ° t l/files/1 /SLFRF-Final-RLJ1e. .............. .. ... . ....................................................................................................................... ... Pe 7 Of GRANT COUNTY ARPA BENEFICIARY AGREEMENT ATTACHMENT U.S. DEPARTMENT OF TREASURY COMPLIANCE AND REPORTING GUIDANCE FOR CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS DATED 9-20-22 Version 5.0 http,o,N//home.treasL.icy. ISLFRF-Com.p li ance-a nd-Repqrti.ng-GLJida nce,.pdf ........ ... 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 $44,000 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. Expenses under this grant must meet the eligibility criteria outlined below: 1 ELIgible CoStS: Funds will be utilized by this entity for transporting to treatment facilities, individuals identified as chemically dependent within Grant County. Funding will cover the Lease/Rental of a vehicle, insurance, fuel, maintenance costs of vehicle, all costs associated with the safety and security of transports, and Administrative Fee. 2. Program Funding and Award Amount: The County shall make $ 44,000 ARPA funds available under Attachment A that will be paid to the Beneficiary on a Advance payment basis. All funds are to be disbursed no later than September 30, 2026. 3. Reporting. The ARPA funding will be provided via warrant to the Beneficiary upon its submission to the County of expenditure details, together with copies of invoices, receipts and other supporting documentation for each eXDense for which reimhiirsemp.nt i-q requested, along with a signed certification by the Beneficiary that such expenses represent eligible expenses incurred by the Beneficiary based on the eligibility criteria outlined above and that such expenses have not been nor will be reimbursed under any other government or private entity program. The Beneficiary may only submit one request for Reimbursement per month. This will ensure the eligibility of the expenditures consistent with the application requirements prior to payment. The Beneficiary reporting obligations listed above will not be required if one or both statements below are true and checked: A narrative budget and plan have been previously submitted by the applicant and approved by the BOCC. A progress and final report from the Beneficiary on grant usage is required. This Beneficiary is designated as being within an eligible class for grant allocation. A progress and final report from the Beneficiary on grant usage is required and the BOCC may require a narrative budget to accompany the progress and final report. Page 9 of 9