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HomeMy WebLinkAboutCommunity Builders ARPA Grant Agreement V2 (2) Page 1 of 7 COUNTY OF KITTITAS AMERICAN RESCUE PLAN ACT GRANT PROGRAM The County of Kittitas is pleased to award your organization a financial support grant funded through the American Rescue Plan Act (ARPA). The funding objective for this program is to perform the tasks outlined in the attached Exhibit A “Scope of Work,” which is incorporated herein by this reference, for eligible businesses and non-profits as enumerated in the U.S. Treasury Department’s (U.S. Treasury) Final Rule. Grant Details The youth of the Upper County have been impacted by the COVID-19 Pandemic. Funding is awarded in the amount stated in the attached Exhibit B “Compensation” which is incorporated herein by this reference. Any funds provided by Kittitas County will be issued to the following person/entity (who may also be referred to as the “Grantee”): Name: Community Builders Address: PO Box 875, Cle Elum, WA 98922 Email: dawn_zierke@hotmail.com Phone Number: 509-899-2561 These funds will allow the Community Builders to operate the “Teen Shop” program as described in the attached Exhibit A “Scope of Work” for the duration described in the “Compensation.” Grant Funding Agreement I, the undersigned, make the following acknowledgements: • The information contained in this agreement is true and complete to the best of my knowledge, information, and belief. • I understand all awarded funds SHALL be expended no later than December 31, 2024. • I acknowledge that awarded funds may only be used for eligible expenses that are outlined in the Final Rule. • I agree to maintain documentation (and provide summaries as part of the annual report and complete documentation upon specific County request) regarding the manner in which the funds are expended, including but not limited to financial reports and other supporting documentation (i.e., purchase support, invoices, timecards, and payroll support, etc.). Page 2 of 7 • I understand and agree that records related to the use of grant funds must be produced promptly upon request from the County of Kittitas, the U.S. Treasury, and the Comptroller General of the United States, and other, and agree to submit to audit. • I understand and agree that if I receive funding from the County of Kittitas’s ARPA Grant Program, and I do not use all the funds by the December 31, 2024 or use the funds for expenses other than the authorized purpose outlined in my application, I will be required to return the awarded funds to the County of Kittitas. • I agree that if there is fraud or misrepresentation with respect to the performance of this Grant Agreement, Kittitas County reserves the right to terminate or amend this Agreement accordingly, including the right to recapture all funds disbursed under this Grant. • I agree to report in writing all known or suspected fraud or other loss of any funds provided under this Grant agreement immediately or as soon as practicable, to the Kittitas County Auditor’s Office. • I certify that I have the authority to legally bind the business, non-profit, or organization. • I agree to indemnify, defend, and hold harmless the County of Kittitas, U.S. Treasury, and the elected officers, employees, agents and/or representatives of each said government entity, for any ARPA funds received from the U.S. Treasury through the County of Kittitas, from and against any and all claims, damages, losses and expenses • To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless Kittitas County and its officials, agents and employees and/or representatives, from and against all claims for injuries or death arising out of or resulting from the performance of this Grant Agreement. “Claim” as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Grantee’s obligation to indemnify, defend, and hold harmless includes any claim by Grantee’s agents, employees, representatives, or any subgrantee/subcontractor or its employees. Grantee expressly agrees to indemnify, defend, and hold harmless Kittitas County for any claim arising out of or incident to Grantee’s or any subgrantee’s/subcontractor’s performance or failure to perform the Grant. Grantee’s obligation to indemnify, defend, and hold harmless Kittitas County shall not be eliminated or reduced by any actual or alleged concurrent negligence of Kittitas County or its agents, agencies, employees and officials. Grantee waives its Page 3 of 7 immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless Kittitas County and its agents, officers, representatives, or employees. • Kittitas County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of Grantee’s indemnity obligations under this Agreement. • This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. • The parties intend that an independent contractor relationship will be created by this Grant. The Grantee and its employees, volunteers, or agents performing under this Agreement are not employees, volunteers, or agents of Kittitas County. The Grantee will not hold itself out as or claim to be an officer, volunteer, or employee of Kittitas County by reason hereof, nor will the Grantee make any claim of right, privilege or benefit which would accrue to such officer, volunteer, or employee under law. Conduct and control of the work will be solely with the Grantee. • Teen Shop shall provide Commercial General Liability Insurance with limits of no less than $1,000,000 per occurrence for all covered losses and $2,000,000 general aggregate, with Kittitas County named as an additional insured under the policy. Teen Shop will provide Kittitas County with a copy of its certificate of insurance and endorsement naming Kittitas County as an additional insured within 30 days after this agreement is signed by both parties. • If all of the above outlined requirements are not met in full, or if any information provided on this application is found to be false or incorrect, the business, non- profit, or organization will be deemed immediately in default and funds shall be returned to the County of Kittitas within 30 days of written notification of default. I also agree that, if I accept the County of Kittitas’s ARPA Grant Program funding, I will be bound by the obligations and liabilities described in this agreement, and that the County of Kittitas shall have the right to enforce those obligations and liabilities in any manner provided by law. • By signing below, the applicant represents, warrants, and certifies that the information provided herein is true, correct, and complete. I also understand and agree that this agreement, combined with award of a County of Kittitas ARPA Grant, constitutes a binding contract, and shall be deemed a valid original instrument if delivered electronically. _________________________________________________ Print Recipient Name & Title Page 4 of 7 __________________________________________________ ___________________________ Authorized Signature: Date The County of Kittitas hereby enters into this grant agreement with the grantee named herein. ________________________________________________ Print County Name & Title __________________________________________________ ___________________________ Signature Date Page 5 of 7 EXHIBIT "A" SCOPE OF WORK 1. Provide a drug-free and alcohol-free environment with activities for teens. Provide services to teens including but not limited to organized activities, educational enrichment opportunities, have the youth participate in program management, listening sessions, recreational activities, support groups dealing with behavioral health needs that are facilitated by Substance Use Disorder Professionals and a Child Psychologist, offer support, peer-to-peer support and provide healthy coping skills. 2. Assure that all persons having contact with youth that attend this program have passed background checks as required by RCW 43.43.830 through RCW 43.43.838. 3. The Contractor shall comply with all federal, state, and local laws and all requirements (including debarment and other required certifications and audits) related to ARPA Funds. 4. Provide an annual report by December 31st of each year describing the year’s activities, expenditures, and accomplishments. 5. Provide all necessary paperwork, documentation, information, and program access necessary for the County to comply with its own reporting and oversight requirements related to these ARPA funds. 6. Provide insurance coverage as set forth below. The intent of the required insurance to is protect Kittitas County should there be any claims, suits, actions, costs, damages, or expenses arising from any loss, or negligent or intent ional act or omission of the Grantee, or agents thereof, while performing under the terms of this Grant. The Grantee shall provide Kittitas County with copies of insurance instruments, certifications, and endorsements from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that Kittitas County will be provided thirty (30) days advance written notice of cancellation. Page 6 of 7 All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best’s Reports unless otherwise approved by the County. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284 -15 WAC. Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Grantee for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name Kittitas County as beneficiary. B. Subcontractors that receive $10,000 or more per year in funding through this Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors pursuant to this paragraph shall name the Grantee and the Grantee’s fiscal agent as beneficiary. Page 7 of 7 EXHIBIT "B" COMPENSATION Compensation shall total $25,000 per year ($25,000 for 2022, $25,000 for 2023, and $25,000 for 2024). Payment shall be made on an annual basis. Contractor shall submit an invoice to the Auditor’s Office for the payment period which shall be paid by the Auditor within thirty (30) days of receipt. This funding is to come from the County’s ARPA funding. Should that funding cease to be available, this contract shall become null and void.