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HomeMy WebLinkAboutKITTCOM ARPA Grant AgreementPage 1 of 4 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 KITTCOM seeks County funding for Phase 1 of communications-center improvements, comprised of repairs and upgrades to those components that have been identified as the highest risk for catastrophic failure. Phase one projects and cost estimates are as follows: 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: KITTCOM Representative: George Long, Director Address: 700 Elmview Rd. Ellensburg, WA 98926 Email: long@kittcom.org Phone Number: (509) 925-8534 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. • All awarded funds 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 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 the Comptroller General of the United States, and other, and agree to submit to audit. Page 2 of 4 • 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 Dcember 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. • 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. Page 3 of 4 • 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 4 EXHIBIT "A" SCOPE OF WORK 1. Funds for this project will be used as working capital for phase 1 of renovation to the Communications Center, specifically: a. Upgrdes to dispatch console and interface equipment b. Testing, repair, and upgrading legacy radio equipment c. Addition of a “TAC 2d” P25 compliant channel 2. Funds provided by Kittitas County shall only be used for equipment, installation, and related costs. . 3. KITTCOM 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. KITTCOM will provide a project status report to BOCC by December 31st of each year detailing status of Phase 1 renovations. 5. KITTCOM 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. EXHIBIT "B" COMPENSATION Compensation is a one-time payment totaling $300,000, paid on an “advance” basis upon receipt of invoice for same.