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
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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
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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
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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;
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• 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
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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
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Print Name Richard Dahl, Chair
Signature Date Dennis Weber,Commissioner
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Ame Mortensen, Commissioner
APPROVED AS TO FORM:
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Clerk of the Board'
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