HomeMy WebLinkAboutAgreements/Contracts - BOCCK23-171
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,ABPA BENEFICIARY AGREEMENT
This ARPA Beneficiary Agreement (".Agreement"") is dated as of the 7th day of June 5 20235
by and between Grant County, a Washington political subdivision ("County"), and the entity
Grant County Public Hospital District I dba Samaritan Healthcare
(Federal Tax ID#91-6001698 5 UE1# F8XSH3TBCJ33 a Washington State
public hospital district _ ("Beneficiary").
WHEREAS, the U.S. Department of the Treasury ("Treasury") has allocated to the County
$18,983,490.00 of federal stimulus funding from the Coronavirus State Fiscal Recovery Fund and
the Coronavirus Local Fiscal Recovery Funds under CFDA No. 21.027 ("A.RPA Funds") under
Section 602 (b) and 603(b) of the Social Security Act, as amended by Section 9901 of the American
Rescue Plan Act ("ABPA Act"), for the limited purposes identified in the Agreement between the
Treaspi
yand Grant County designated under FAIN # #SLFRP2169 (Agreement), identified as
the Coronavirus State -and Local Fiscal Recovery Funds Final Rule ('Final. Rule"),
identified as and the Compliance and Reporting Guidance for State and Local Fiscal
Recovery Funds "Compliance & Reporting Guidelines"), identified as
re attached hereto and incorporated herein by this reference.
WHEREAS, the County desires to allocate portions of the ABPA Funds awarded to Grant County
in support of responding to the COVID-19 public health emergency or its negative economic Impacts.
Notable negative economic impacts by the Beneficiary include the following'.
Grant County was negatively affected by the COVID-19 pandemic and the healthcare system of our county was shown lacking and needed updating.
Residents of Grant County who are low-income and persons of color have been impacted especially hard. The current Samaritan Hospital was
Inadequate for the treatment of infectious, communicable diseases because there were not adequate negative pressure rooms to alleviate spread of
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disease during the COVID-1 9 pandemic. Statutory Eligible Use Type is 1. To respond to the COVID-1 9 public health emergency or its negative economic
Impacts under the Subcategory.% Public Health 1. COVIN -'19 mitigation and prevention -- capital investment in public facilities to meet pandemic operational
needs,such as adaptations to public buildings to implement COVID-19 mitigation tactics. Expenditure Category: 1.14 Other Public Health Services.
WHEREAS, the County believes the provision of these funds to create quality ventilation systems in a new
Samaritan facility including negative pressure rooms for the treatment of patients with communicable diseases and because in the U.S. Treasury's
SLFRF Final Rule FAQ (treasury.gov) question 1.3's answer says, "A recipient can also provide funds to an entity that is special-purpose government
for the purpose of directly benefiting the entity as a result of the entity experiencing a public health impact or negative economic impact of the pandemic."
qualifies this project as an eligible use of ABPA Funds as outlined previously.
WHEREAS, the County and Beneficiary desire to enter into this Agreement so that the County
may advance ABPA Funds via a direct economic support grant to provide the Beneficiary with
sufficient resources to proceed as allowed under the Attachments A & B.
It
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:
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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.
2. ARPA Funds. The County agrees to provide to the Beneficiary a total dollar sum not to
exceed$ 2,000,000.00 on a Reimbursement Payment basis - for eligible costs
incurred during the period of March 3, 2021, through September 30, 2026 based on
eligibility criteria outlined in Attachment. DScope of Work..
3. Reimbursement )&equest Su v ort. 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
the Beneficiary for which Reimbursement is being requested. Each Reimbursement request
submitted by the Beneficiary Will include a signed certification by the Beneficiary that such
expenses represent eligible expenses incurred by the Beneficiary based on the eligibility
criteria outlined in Attachment D and that such expenses have not been nor will be
reimbursed under any other government or private entity program. Such schedule may be
modified with the prior approval of the County. Failure to provide any of the required
documentation may result in termination of the Agreement and in the withholding and/or
nonpayment of all remaining funds awarded to the Beneficiary by the County under the
Agreement,
4. Advance ppyinent Su art. For entities receiving ARPA funds as an advance payment, a
progress and final report will be required when the funding has been expended. At the
discretion of the BOCC, all entities in this category may be required to provide a narrative
budget either at the time this agreement is signed or along with the progress and final report.
5. Igelipible Uses, Non -allowable uses of ARPA Funds include, without limitation, the
following: a) usage of funds to either directly or indirectly offset a reduction in net tax
revenue resulting from a change in law, regulation or administrative interpretation during
the covered period that reduces any tax or delays the imposition of any tax or tax increase;
b) damages covered by insurance; c) usage of hands 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.
7. Inde endent 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.
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8. Indemnification. The Beneficiary agrees to defend, in'derm-lify 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 Attachments A & B, and Compliance & Reporting Guidelines to the extent
applicable, when disbursing ARPA Funds to Beneficiary or when seeking Reimbursement
from the County.
10. Maintenance and Audit of Records. The Ben.eficiary . shall maintain records, books,
documents, and other materials relevant to its performance under this Agreement. These
records shall be subj ect 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 -Lmallowable costs under this Agreement, the Beneficiary agrees to promptly
reimburse the County for such payments upon request.
11. Notices. Any notice desired or required to be given hereunder shall be in -writing, and shall
be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully
prepaid, certified mail, return receipt requested, and addressed to the party to which it is
intended at its last known address, or to such. other person or address as either party shall
designate to the other from time 'to time in writing forwarded in like manner:
Beneficiary:,
Organization: Grant County Public Hospital Dist I dba Samaritan Healthcare
Contact Name: Theresa Sullivan, CEO
Address: 801 E. Wheeler Road
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City/State/Zip. Moses Lake, WA 98837
Grant County. 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
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.
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24. Counter.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 executedand' shall 'became -effective as of
the last -date signed below.
DATED this day of 2023.
BENEFICIARY ORGANIZATION, Grant County Public Hospital District No 1 dba Samaritan H6althcare
111111q� 1!11!11�
V% TITLE: Chief Executive Office -r ----
DATED this day of 2023.
BOARD OF COUNTY COMMISSIONERS
GUAIqTT"UNXY,SHINGTON
Danny E S ne, Member
X
Ba bar J. Vasqu& Glen " f the Board Date
ry %4
AArovtea ,rm:
T, __Il11 W7r
Rebekah Naylor, SBA#: 53527
Deputy Prosecuting Attorney
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ATTACHMENT A
INTERAGENCY AGREEMENT BETWEEN
THE U.S. DEPARTMENT OF TREASURY AND
GRANT COUNTY
Attachment A to be provided on a separate document
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ATTACHMENT B
U.S. DEPARTMENT OF TREASURY
CORONAVIRUS NATE AND LOCAL FISCAL RECOVERY FUNDS
FINAL RULE
EFFECTIVE 4-1-2022
:// ,. o . e.t easur .AoV/ ste `f e / 1 /S:LF -Final -. e. .f
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ATTACHMENT C
U.S. DEPARTMENT OF TREASURY
COMPLIANCE AND REPORTING GUIDANCE FOR CORONAVIRUS STATE AND
LOCAL FISCAL RECOVERY FUNDS
DATED 9-20-22
Version 5.0
htlps://home.treqs-urv.goV/s tem/files/ 13 6/SLFRF-Compl*iance-aiid-R.ep,oil'ing7,GuidLilce.pLf
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ATTACHMENT D
The Board of Commissioners is directing to provide the Beneficiary a total dollar amount not to
exceed$ 2,000,000.00 of ABPA Funds in support of Samaritan Healthcare's plans to install a quality
HVAC system including the creation of negative pressure treatment rooms in their new medical center facility.
Expenses under this grant must meet the eligibility criteria outlined below:
1. EligibleCosts Any costs associated with the capital project of installing a heating, ventilation, and air conditioning system
(HVAC) in Samaritan Healthcare's soon to be constructed medical center located in Moses Lake, Washington. This project is
an eligible use of AICPA funding under Use Type: 1. To respond to the COVID-1 9 public health emergency or its negative economic_
impacts 1. Subcategory: Public Health a. COVID-19 mitigation and prevention — capital investment in public facilities to meet pandemic
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operational needs, such as adaptations to public buildings to implement COVID-1 9 mitigation tactics; Medical facilities generally
dedicated to COVID-19 treatment and mitigation (e.g., ICUs, emergency rooms); and ventilation system installation and improvement
2. Program Funding and Award Amount
The County shall make $ 21000,000.00 of ARPA funds available under Attachment A that will
be paid to the Beneficiary on aReimbursement Payment basis.
All funds are to be disbursed no later than September 30, 2026.
The ARPA funding will be provided via warrant to the Beneficiary upon its submission to the
County of expenditure details, together with copies of invoices, receipts and. other supporting
documentation for each expense for which reimbursement is requested, along with a signed
certification by the Beneficiary that such expenses represent eligible expenses incurred by the
Beneficiary based on the eligibility criteria outlined above and that such expenses have not been
nor will be reimbursed under any other government or private entity program. The Beneficiary
may only submit one request for reimbursement per month and at minimum on a quarterly basis.
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 checked:
A narrative budget and plan has 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.
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