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Contract - 09-19-2023 - 13054 - Beneficiary ARPA Agreement with Rosa Valley Grange. AS-13054 Consent B. 6. BOCC Agenda Meeting Date: 09/19/2023 Beneficiary ARPA Agreement with Rose Valley Grange Submitted For: KayLee McKay Submitted By: KayLee McKay Department: Auditor Information Subject and Summary Statement The Board of County Commissioners approved the request from the Rose Valley Grange for assistance to non-profits through the ARPA funding received by the County. According to ARPA's final rule, the County has the ability to assist non-profits with negative economic impacts due to the COVID-19 pandemic. Will Staff Attend - NAME OF STAFF No. Department Recommendation Staff recommend that BoCC approve the Beneficiary agreement with Rose Valley Grange to assist with their expenses during the COVID-19 impact. Fiscal Impact Expenditure Required $: 7,475.00 Budget Sufficient Y-N: Y Amendment Required Y-N: N Source of Funds -What Dept ? : 170100 Grant Y-N: Y Attachments Rose Valley Grange Beneficiary Agreement Form Review Form Started By:KayLee McKay Started On:09/12/2023 04:30 PM Cowlitz County Coronavirus Local Fiscal Recovery Fund Grant Beneficiary Agreement Beneficiary Name: Rose Valley Grange Mailing Address 1520 Rose Valley Rd Kelso,WA 98626 U B I:602-017-075 Award Amount:$7,475.00 Agreement Period: Start Date: March 3`d,2021 End date: December 31,2022 This Cowlitz County Coronavirus Local Fiscal Recovery Fund Grant Beneficiary Agreement ("Agreement") is made by and between Cowlitz County, a political subdivision of the State of Washington (the "County").and Rose Valley Grange(the"Beneficiary"),to set Forth the terms and conditions under which the County will provide direct assistance to the Beneficiary. 1, Purpose of Agreement. Nonprofits have faced significant challenges due to the COVID•19 pandemic's increased demand for services, changing operational needs, as well as declines in revenue sources and increases in expenses. As a result, the County is electing to provide the Beneficiary, which has experienced negative economic impacts due to the COVID-19 pandemic, a beneficiary payment to provide direct assistance with the financial hardship, using funds awarded to the County pursuant to section 603(c) of the Social Security Act(the "Act"), as added by section 9901 of the American Rescue Plan Act of 2021 ("ARPA"), which established the Coronavirus State and Local Fiscal Recovery Fund ("SLFRF"),in compliance with the terms and conditions stated herein. 2. Use of Funds. The Beneficiary agrees the funding will support normally budgeted items that align with the Beneficiary's overall organizational purpose, subject to applicable law, the provisions of this Agreement, and financial hardship and eligibility as detailed in the attached as Exhibit 1 and incorporated herein Funds cannot be utilized for any religious purpose including, but not limited to; religious worship, instruction, or proselytization. Funding may be used only to support nonreligious social services. The Beneficiary agrees to not discriminate against anyone on the basis of religion or religious belief, affiliation or participation. The Beneficiary represents and warrants that all Information contained in, Exhibit 1, is true and correct to the best of the Beneficiary's knowledge as of the date of this Agreement. The Beneficiary certifies that the Beneficiary is properly registered as a 501(c)(3) 501(c)(6) or 501(c)(19) or otherwise qualifies as a "nonprofit organization" as that term is defined in 2 C.F.R. § 200.1 and is in compliance with all applicable laws, including but not limited to the IRS Tax Code and registration with the state of Washington if/as required. The Beneficiary certifies that It accepts the funds under this Agreement as a beneficiary, not as a subrecipient, and shall utilize the funds accordingly. The Beneficiary is considered the end-user of the funds and funding can be expensed towards the Beneficiary's direct and indirect operational costs incurred since March 3'd. 2020 until July 1�1, 2021. Cost sharing or matching funds are not required. The Beneficiary certifies that any expenses claimed and payments made under this Agreement have not been or will not be reimbursed under any other federal program or any other source. A duplication of benefits occurs when a Beneficiary receives financial assistance from multiple sources for the same purpose such that the total assistance received for that purpose is more than the total need for assistance; any such duplication of benefits is subject to repayment as a debt pursuant to paragraph 13 of this Agreement. Upon expiration of the Term, as defined herein, the Beneficiary shall transfer any unused funding pursuant to this Agreement, back to the County and de-obligate the remaining award balance. The Beneficiary understands and agrees that the funds disbursed under this Agreement may only be used in compliance with section 603(c)of the Act, as added by section 9901 of ARPA, the U.S. Department of Treasury's ("Treasury") regulations implementing that section, including but not limited to the final rule effective April 1, 2022 ("Final Rule"), guidance issued by Treasury regarding the foregoing, and any other applicable federal provisions, including those described in the federal terms ("Federal Terms"), attached as Exhibit 2. The Beneficiary acknowledges anti agrees that the grant is contingent on the Beneficiary's compliance with the terms and conditions of Agreement, the Program, and all applicable laws, rules. and regulations, including but not limited to the applicable Federal Terms, and if the Beneficiary fails to comply with same, the award may be revoked, in the County's sole discretion. The Beneficiary certifies that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of this Agreement. This Agreement is contingent upon the availability of funds lawfully appropriated for the Program. In the event the County, in its sole discretion, determines that sufficient funds are not available to appropriate for the Program and/or the award under this Agreement, the County shall notify the Beneficiary of such occurrence and 1 this Agreement shall terminate immediately without penalty or expense to the County. 3. Period of Performance. The term of this Agreement shall commence March 3, 2021, and shall terminate on December 31,2024("Term"),contingent upon available funding. 4. Relationship of the Parties. This Agreement shall not be construed as creating a partnership, joint- ownership, or joint venture between the County and the Beneficiary. This Agreement shall not be construed as creating a pledge of the County's credit to the Beneficiary.The Beneficiary shall not pledge the credit of the County, nor make the County a guarantor of payment of surety for any contract, debt, judgment, lien, or any form of indebtedness. 5. Reporting. As stated in the Final Rule, beneficiaries are not subject to subrecipient monitoring and reporting requirements_ However, the Beneficiary is required to submit a close-out report affirming the funding was expended on allowable costs and validating usage of the entire award. The close out report is due no later than 30 days after the end of the Agreement Term, December 31, 2024. The Beneficiary shall not take any action or inaction that would hinder or delay the County in complying wilh the applicable SLFRF monitoring and reporting requirements, and the Beneficiary shall promptly provide the County with any records and/or information requested, including but not limited to all supporting documentation necessary to prove appropriate "Use of Funds" The Beneficiary shall comply with all monitoring and reporting requirements applicable to SLFRF beneficiaries, including but not limited to the monitoring and reporting requirements contained in this Agreement. 6. Compliance. The Beneficiary certifies that it has provided the County with its Unique Entity Identifier (UEI) assigned as proof of current registration in the System for Award Management (SAMISAM.gov) and certifies that its SAM registration is in good standing and shall be maintained for the term of the Agreement. The SAM registration information maybe found at hit sp r/sam9ov. As the Beneficiary is receiving the funds as the beneficiary end user, the Beneficiary is not subject to audit pursuant to the Single Audit Act and 2 C.F.R. Part 200, Subpart F, pursuant to the Final Rule. The Beneficiary shall comply with all audit and accounting requirements applicable to SLFRF beneficiaries, including but not limited to the requirements contained in this Agreement. The Beneficiary shall not take any action or inaction that would hinder or delay the County in complying with the applicable SLFRF audit requirements, and the Beneficiary shall promptly provide the County with any records and/or information requested. The Beneficiary must maintain funds received under this Agreement in separate ledger accounts and shall not mix these funds with other sources. The Beneficiary must manage funds according to applicable federal regulations for administrative requirements and cost principles. The Beneficiary must maintain adequate business systems to comply with applicable federal requirements. The business systems that must be maintained are: Financial Management Procurement Personnel Property Travel A system Is adequate if it is: 1) written; 2) consistently followed - it applies in all similar circumstances; and 3) consistently applied - it applies to all sources of funds. The County reserves the right to review all business systems policies of the Beneficiary. 7. Record Retention. The Beneficiary agrees to maintain and preserve sufficient records to evidence compliance with this Agreement. Such records shall be maintained not less than five (5) years after all funds have been expended by or returned to the County. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, records must be retained until completion of the action and resolution of all issues which arise from it, or the end of the required period, whichever is later. The Beneficiary acknowledges that it has no authority to act as an agent or in any way to act on behalf of the County. However,the Beneficiary acknowledges that documents related to this Agreement, including the Agreement itself, may be subject to disclosure under Chapter 42.56 RCW,Washington's Public Records Act. The Beneficiary agrees to cooperate with the County to the extent needed for the County to meet its obligations under the Public Records Act. B. Conflicts of Interest. The Beneficiary must maintain a written conflict of interest policy consistent with 2 C.F.R. § 200.318(c). The Beneficiary shall ensure It avoids conflicts of interest or any dealings that could be 2 perceived by the public as unfair or unethical. The Beneficiary must disclose in writing to the County, as appropriate,any potential conflict of interest affecting this Agreement. 9. Termination. Upon seven (7) days' notice, the County may terminate this Agreement for convenience, and this Agreement may also be terminated as further provided for in this Agreement. Upon termination, any unspent funds shall be immediately returned to the County. 10. Notice. All notices or other communications given under this Agreement shall be made in writing and sent by certified mail, return receipt requested, or by personal delivery to the party to whom notice is given to the addresses shown below: If to the Count: If to the BeneticiarY: Cowlitz County Auditor's Office Rose Valley Grange Attn: KayLee McKay,Accounting Manager 1520 Rose Valley Rd, 207 N Fourth Avenue Kelso,WA 98626 Kelso,WA 98626 (360)431-3175 360-577-3002 Either party may change its above-noted address by giving written notice to the other party in accordance with the requirements of this section. 11. Publications. Any publications produced with funds awarded under this Agreement must display the following language: "This project [is being] [was] supported, in whole or in part, by the Coronavirus State and Local Fiscal Recovery Fund grant awarded to Cowlitz County, Washington, by the U S. Department of the Treasury." 12, Disclaimer. The County and the United States expressly disclaim any and all responsibility or liability to the Beneficiary or third persons for the actions of the Beneficiary or third persons resulting in death, bodily injury, 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. This Agreement does not in any way establish an agency relationship between or among the United States,the County, and the Beneficiary. 13. Remedial Actions. In the event of Beneficiary's noncompliance with section 603 of the Act, other applicable laws, Treasury's implementing regulations, including but not limited to the Final Rule, guidance, or any reporting or other program requirements, the County or Treasury may impose additional conditions on the receipt 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 an improper payment as defined in 2 C.F.R. 200.53 and/or a violation of section 603(c) of the Act regarding the use of funds as determined by the Treasury or County, Beneficiary shall repay to the Treasury an amount equal to the amount of the improper payment(s) and all funds used in violation of such subsection and previous payments shall be subject to recoupment as provided in section 603(e)of the Act. Any funds paid to the Beneficiary (1) in excess of the amount to which the Beneficiary is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the County or Treasury Office of Inspector General to have been misused; or(3) that are determined by the County or Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and other applicable law, and have not been repaid by the Beneficiary shall constitute a debt to the federal government. Any debts determined to be owed the federal government must be paid promptly by the Beneficiary. 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 in writing or if the Beneficiary knowingly or improperly retains funds that are a debt as defined above.Treasury will take any actions available to it to collect such a debt. 14 False Statements. The Beneficiary understands that making false statements or claims in connection with this Agreement may be 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 or county awards or contracts, and/or any other remedy available by law. 15. Assurances. The Beneficiary certifies that the Beneficiary is an organization in good standing under the laws of the State of Washington, is not the subject of any ongoing or pending bankruptcy proceedings and does not inlend to file for protection under the bankruptcy laws of the United States, has the legal authority to apply for federal funding under ARPA and is in compliance and will remain in compliance with all eligibility 3 requirements and state and federal laws applicable to this Agreement. 16. Debarment and Suspension Certification. Entities that are debarred, suspended, or proposed for debarment, by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Beneficiary, by signature to this Agreement, certifies that Beneficiary is not currently debarred, suspended, or proposed for debarment, by any Federal department or agency. The Beneficiary also agrees that It will not enter a subcontract with a person or entity that is debarred, suspended, or proposed for debarment. The Beneficiary will notify the County if it or a subcontractor, is debarred, suspended, or proposed for debarment, by any Federal department or agency. Debarment status may be verified at linos llwww.sarm.govr 17. Modifications. Any amendment or modification to this Agreement will not be effective without the express written agreement of the County and the Beneficiary,except that in the event of changes in any applicable federal and state statutes, regulations. or guidance regarding the use of grant funds, this Agreement shall be deemed to be amended when the statutory requirements for use of grant funds are changed or when required to comply with any law or guidance so amended. Such deemed amendments shall be effective as of the effective date of the statutory or regulatory change or the date the guidance is issued. 18. Governing Laws. This Agreement shall be construed by and controlled under the laws of the State of Washington. The County and the Beneficiary consent to jurisdiction over them in the State of Washington and agree that venue for any state action arising under this agreement shall lie solely in the courts located in Cowlitz County Washington, and for any federal action shall lie solely in the United States District Court, Western District of Washington. 19. Compliance with Applicable Laws and Regulations. The Beneficiary agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(4 of the Act, and guidance Issued by Treasury regarding the foregoing. The Beneficiary also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Beneficiary shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this Agreement. The following federal regulations are applicable to this award include,without limitation: • Governmentwide Requirements for Drug-Free Workplace,31 C.F.R. Part 20. • New Restrictions on Lobbying, 31 C.F.R. Part 21. • Generally applicable federal environmental laws and regulations. The following statutes and regulations prohibiting discrimination applicable to this Agreement include, without limitation: • 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; • 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; • 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; • 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 • Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 etseq.), 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. The Beneficiary agrees to comply with protections for whistleblowers. In accordance with 41 U.S.C. § 4712, the Beneficiary 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. The list of persons and entities referenced in the paragraph above includes the following: • A member of Congress or a representative of a committee of Congress; 4 • An Inspector General; • The Government Accountability Office; • A Treasury employee responsible for contract or grant oversight or management; • An authorized official of the Department of Justice or other law enforcement agency; • A court or grand jury;or • A management official or other employee of Recipient, contractor,or subcontractor who has the responsibility to investigate,discover, or address misconduct. Beneficiary shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 16, 1997), the Beneficiary should adopt and enforce on-the-job seat belt policies and programs for employees when operating company-owned, rented or personally owned vehicles. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009). the Beneficiary should adopt and enforce policies that ban text messaging while driving, and the Beneficiary should establish workplace safety policies to decrease accidents caused by distracted drivers 20. Indemnification. Beneficiary agrees to assume liability for and indemnify, hold harmless, and defend the County, its commissioners, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorneys' fees in connection with any and aH claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, relief, or loss of use, arising out of the execution, performance, or nonperformance of the duties of the Beneficiary under this Agreement, the enforcement of this Agreement, or resulting from the activities of the Beneficiary in any way connected to this Agreement, whether or not due to or caused by the negligence of the County, its commissioners, officers, employees, agents, or attorneys. Beneficiary's liability hereunder shall include all attorneys' fees and costs incurred by the County in the enforcement of this indemnification provision This indemnification provision includes claims made by any employees of Beneficiary against the County. Nothing contained in this Agreement, and specifically this provision requiring Beneficiary to indemnify the County, is intended to nor shall it be construed as an additional waiver of sovereign immunity by County beyond the County's expressed written contractual obligations contained within th[s Agreement, nor shall it be construed as a waiver of any defenses or limitations to any claims. The obligations contained in this paragraph shall survive the termination of this Agreement, however terminated, and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement. 21. Miscellaneous Provisions. a This Agreement sets forth the entire agreement between the County and Beneficiary as to the subject matter hereof and supersedes all previous written or oral negotiations, agreements, and/or understandings. There are no understandings, representations, warranties, or agreements with respect to the subject matter hereof unless set forth explicitly in this Agreement. b. If any provision of this Agreement or any application thereof to any person or circumstances shall, to any extent, be invalid, the remainder of the Agreement or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby and each remaining provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. d. The Beneficiary shall not assign this Agreement except and unless it has obtained prior written consent of the County e. The headings and section references in this Agreement are inserted only for the purpose of convenience and shall not be construed to expand or limit the provisions contained in such sections. f. The Beneficiary and the County represent and warrant that they are authorized to enter into this Agreement and that the individuals executing this Agreement have full power and authority to bind their respective party to the terms hereof. g. This Agreement may be executed in one or more counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together will constitute one and the 5 same instrument. h. This Agreement may be executed by electronic signature technology and such electronic signature shall act as the Parties' legal signatures on this Agreement and shall be treated in all respects as an original handwritten signature. The County and Beneficiary indicate their acceptance of the terms of this Agreement by their signatures below on the dates indicated BENEFICIARY BOARD OF COUNTY CONU IISSIONERS Rose Valley Grange COWLITZ COUNTY,WASHLN TON t Print Name Richard Dahl, Chair Signature Date Dennis Weber,Commissioner /w4_ Ame Mortensen, Commissioner APPROVED AS TO FORM: Prosecutor's Office WSBA# DF GOWNry covduTZ jo 0 COUNTY �'m ell Dc hrnwsEti� ate +a WA51� G.10N Q Clerk of the Board' i . 6