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HomeMy WebLinkAboutKCHS ARPA Grant AwardStaff Report by: Brian Carlson Budget and Finance Director Topic: ARPA Grant Award Contract with Kittitas County Historical Society Meeting BOCC Regular Meeting June 20, 2023 Summary: • This agenda item presents the formal document to memorialize the $350K award to KCHS for Museum building exterior renovation • The language is similar to the recent “Happy Feet” award, particularly in assignment of a lienholder position so as to protect the county’s contribution and ensure that it goes to its intended use. Background: • The project includes funding from KCHS, State, City of Ellensburg, and County, as follows: • KCHS has received its state award for FY2024, and project can now commence during summer 2023. • County offers this award on an “advance” rather than a “reimbursement” basis, so as to assist with project cash-flow (other funding sources are reimbursement basis). Analysis: • This funding qualifies under the Federal “revenue replacement” guidelines • Project represents phase 1, which is a stand-alone phase for exterior work. See “attachment A.1” in the attached contract. Conclusion / Next Steps: • Approve; route for signatures Kittitas County 350,000 State Historical Society 244,000 Museum (Endowment)188,000 City of Ellensburg 10,000 Total Phase 1 792,000 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 Kittitas County Historical Society DBA Kittitas County Historical Museum (“Museum”) seeks County funding for Phase 1 of improvements, comprised of repairs, upgrades, seismic retrofits, to the Kittitas County Historical Museum, located in the historic Cadwell Buildng. Funding partners and amounts are shown below: 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: Kittitas County Historical Society Representative: Sadie Thayer, Director Address: 114 E. 3rd Ave. Ellensburg, WA 98926 Email: Sadie.thayer@kchm.org Phone Number: (509) 925-3778 Grant Funding Agreement The Kittitas County Historical Society, by and through Sadie Thayer, the Museum Director, makes the following acknowledgements: • The information contained in this agreement is true and complete to the best of my knowledge, information, and belief. • All awarded funds provided by Kittitas County shall be expended no later than January 31, 2024. • 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 Kittitas County 350,000 State Historical Society 244,000 Museum (Endowment)188,000 City of Ellensburg 10,000 Total Phase 1 792,000 Page 2 of 7 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.). • Records related to the use of grant funds must be produced promptly upon request from the County of Kittitas, the U.S. Treasury, and/or the Comptroller General of the United States, and Museum agrees to comply with audit of same. • 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 January 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 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 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. Page 3 of 7 • 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. • 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 ____________________________________ ___________________________ 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 4 of 7 EXHIBIT "A" SCOPE OF WORK 1. Funds for this project will be used as working capital for phase 1 of renovation to the Cadwell Building, located at 113 E. 3rd Avenue, Ellensburg WA, as detailed in the attached “Exhibit A.1” 2. Funds provided by Kittitas County shall only be used for construction costs, and will not be used to fund Museum programming and operations. 3. Museum 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. Museum will provide a project status report to BOCC by December 31st of each year detailing status of Phase 1 renovations. 5. Museum will 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. Museum understands and agrees that any and all real property or facilities owned by Kittitas County Historical Society that are acquired, constructed, or otherwise improved by Museum using county funds under this contract shall be held and used by Museum for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the date the final payment is made hereunder. This provision shall not be construed to prohibit Museum from selling any property or properties described in this section, provided, that any such sale shall be subject to prior review and approval by Kittitas County, and that all proceeds from such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility and that any such new facility or facilities will be used for the purpose or purposes stated elsewhere in this contract. In the event Museum is found to be out of compliance with this section, Museum shall repay the principal amount of the grant as stated in Exhibit B “Compensation” below. 7. Museum agrees this Grant shall be evidenced by a promissory note and secured by a deed of trust or other appropriate security instrument in favor of Kittitas County (the “Deed of Trust”). The Deed of Trust shall be recorded in Kittitas County, and the original returned to Kittitas County after recordation within ninety (90) days of contract execution. The Deed of Trust must be recorded before Kittitas County will provide funds to Kittitas County Historical Society . The amount secured by the Deed of Trust shall be the amount of the grant as set forth in Exhibit “B” Compensation, below. The Deed of Trust shall remain in full force and effect for a period of ten (10) years following the final payment of state funds to Kittitas County Historical Society under this grant. Upon satisfaction of the 10-year term requirement and all other grant terms and conditions, Kittitas County shall, upon written request of Kittitas County Historical Society , take appropriate action to reconvey the Deed of Trust. However, Kittitas County Historical Society must provide written evidence of site control, for a minimum of 10 years Page 5 of 7 after final grant payment, either through outright ownership of the subject property or a long-term lease. 8. Grantee shall 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 intentional 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. 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, Kittitas County Historical Museum is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Property Insurance Grantee shall keep the Property insured in an amount sufficient to permit such insurance to be written at all times on a replacement cost basis. 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 6 of 7 EXHIBIT "B" COMPENSATION Compensation is a one-time payment totaling $350,000. However, before payment is issued, Kittitas County Historical Museum must submit the Deed of Trust described in Exhibit “A”; an invoice to the Auditor’s Office for the payment period which shall be paid by the Auditor within thirty (30) days of receipt; as well as a W-9.