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HomeMy WebLinkAboutBoys and Girls Club of Columbia Basin - Staff Report and Grant AgreementStaff Report by: Brian Carlson Budget and Finance Director Topic: Contract Approval Boys and Girls Club of Columbia Basin ARPA Grant Award Meeting BOCC Regular Meeting November 7, 2023 Summary: • Contract for ARPA grant award for $200K, per BOCC direction to staff Background & Analysis: • The attached contract memorializes a $200K award from County’s ARPA funds, primarily for initiation of Grantee’s after-school program in Town of Kittitas • A portion of funding will also be deployed to start-up programming in Cle Elum • County participation is one-time, advance-basis in 2023 for 2024 • B&G Club plan for years two and beyond is to establish a distinct Kittitas County chapter, but will fall under Columbia Basin while funding, locations, and other resources are obtained and organized • Topic has been presented in multiple venues to BOCC • Contract has been reviewed by Prosecutor, and approved as to form • Grantee regretfully could not attend Nov 7th meeting owing to a previous engagement, but will coordinate for a follow-up venue and status update. Conclusion / Next Steps: • Approve; route for full execution Page 1 of 5 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 There is a shortage of after-school programming in Kittitas County, and this shortage was exacerbated by the COVID-19 Pandemic. Boys and Girls Club of Columbia Basin seeks operating funds for start-up programming in Kittitas and Cle Elum as detailed in the attached “Scope of Work” and “Compensation” sections. 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: Boys and Girls Club of Columbia Basin Representative: Kim Pope Title: Executive Director Address: 425 N Paxson Dr, Moses Lake, WA 98837 Email: kim@bngclub.org Phone Number: 509-764-9694 Grant Funding Agreement I, the undersigned, as Grantee’s representative, make the following acknowledgements on Grantee’s behalf: a) The information contained in this agreement is true and complete to the best of my knowledge, information, and belief. b) I understand all awarded funds shall be fully spent by December 31, 2024. c) I acknowledge that awarded funds may only be used for eligible expenses that are outlined in the Final Rule. d) I agree to maintain documentation (and provide summaries as part of the annual report and complete documentation upon 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.). e) I understand and agree that records related to the use of grant funds must be produced in a reasonably prompt manner upon request from the County of Kittitas, the U.S. Treasury, and the Comptroller General of the United States, and cooperate fully with any audit. Page 2 of 5 f) I understand and agree that if I receive funding from the County of Kittitas’s ARPA Grant Program, and I do not spend all the funds by December 31, 2024, or use the funds for expenses other than the authorized purpose outlined in my application, I may be required to return all or part of the awarded funds to the County of Kittitas. g) I agree that in the event there is fraud or misrepresentation (if any) with respect to the performance of this Grant Agreement, Kittitas County reserves the right to take appropriate action, including but not limited to terminating or amending this Agreement, and recapturing all or part of the funds disbursed under this Grant. h) 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) I certify that I have the authority to legally bind the business, non-profit, or organization. j) Grantee, to the extent permitted by law, shall 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, excepting any claims, damages, losses and expenses caused by the sole negligence of County of Kittitas, U.S. Treasury, and/or the elected officers, employees and/or agents of each said government entity. k) 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, except any claims for injuries or deaths arising from the sole negligence of Kittitas County and its officials, agents and employees and/or representatives. “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 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 permitted by law that it is required to indemnify, defend, and hold harmless Kittitas County and its agents, officers, representatives, or employees. l) 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. Page 3 of 5 m) This Grant Agreement 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. n) 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. o) 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 Grantee will be deemed in default fifteen (15) days after receipt of written notice from the County of Kittitas specifying such default(s) and giving Grantee a reasonable time to cure, and all or a part of the awarded funds may be required to be returned to the County of Kittitas within 30 days of Grantee’s receipt of a written notification of a default if such default is not cured within the applicable timelines. Grantee also agrees that, if Grantee accepts the County of Kittitas’s ARPA Grant Program funding, I understand that the Grantee 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. p) By signing below, Grantee represents, warrants, and certifies that, to the best of Grantee’s knowledge, 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 5 EXHIBIT A: SCOPE OF WORK AND COMPENSATION Scope of Work: 1. Awarded funds will be used for after-school programming in Kittitas and Cle Elum. 2. Grantee will ensure 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. Grantee 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. Grantee agrees to provide periodic status updates upon request regarding activities, expenditures, and accomplishments. 5. Grantee will provide, upon request, 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. Grantee will 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 , $2,000,000 general aggregate. Additionally, Grantee is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Page 5 of 5 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: GRANT AWARD The Grant Award is a one-time funding payment totaling $200,000.00, payable to Grantee within thirty (30) days of receipt of invoice and IRS form W-9 by Grantor.