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HomeMy WebLinkAboutBelfair Water District No. 1 - Contract AMERICAN RESCUE PLAN ACT of 2021 AGREEMENT Between MASON COUNTY And BELFAIR WATER DISTRICT#1 This American Rescue Plan Act("ARPA")recipient Agreement("Agreement")is dated as of the day of f16V Ey5 r( , 2022, by and between Mason County, a Washington political subdivision ("County"), and Belfair Water District #1, a Washington state public utility ("Recipient"). WHEREAS, The U.S. "Treasury has allocated to Mason County federal stimulus funding, CFDA Number 21.027 under an amended Title VI of the Social Security Act to add section 602 and 603, Subtitle M, Section 9901 of the Act, referred to in the Act as Coronavirus State and Local Fiscal Recovery Fund ("CSLFRF'')for the limited purposes identified in the Interim Final Rule between U. S.Treasury and Mason County, identified as the Interim Final Rule("IFR")or 31 CFR Part 35 RIN 1505-AC77 WHEREAS,ARPA authorizes the County to offer funding from receipted ARPA funds for certain costs for projects in response to the COVID-19 public health emergency during the period of March 3,2021,obligated by December 31,2024 and expended by December 31,2026,which may include expenditures incurred to respond directly to the emergency as well as expenditures incurred to respond to second-order effects of the emergency,such as providing economic support to those suffering from employment or business interruptions due to COVID-19, related business closures, investments to improve water, sewer and broadband infrastructure and support public health response. WHEREAS, the County desires to allocate portions of the ARPA Funds to the Belfair Water District 41 for the purpose of providing backup generators. WHEREAS,the County and Recipient desire to enter-into this Agreement so that the County may grant ARPA Funds for appropriate and qualifying projects advanced to the Recipient by the County for provision of providing backup generators. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below,the parties agree as follows: 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until June 30,2024,unless terminated by the County in writing. 2. Recipient's Use of ARPA Funds.The Recipient shall ensure that the ARPA Funds requests are necessary and eligible Reimbursements under one of the following cost categories: a) Response to mitigate the public health emergency with respect to the COVID-19 emergency or its negative impacts, b) Provide Government services to the extent of the 1 ARPA Recipient Agreement reduction in revenue,c)respond to workers performing essential work, d)make necessary investments in water, sewer or broadband infrastructure. 3. Inelieible Costs. Non-allowable costs include, without limitation, the following: a) expenses for the state share of Medicaid; b) damages covered by insurance; c)payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency;d)expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the ARPA Act of contributions by states to state unemployment funds; e) reimbursement to donors for donated items or services; f) workforce bonuses other than hazard pay or overtime; g) severance pay; and h) legal settlements. 4. COVID-19 Expenditure Report. To facilitate the County's granting of ARPA funding under the IFR,the Recipient will submit an A-19 equivalent report to the County,quarterly through June 30,2024,detailing funds disbursed for the project to include a description of the work, payment amounts, and dates of payments disbursed by the Recipient. Such schedule may be modified with the prior approval of the County. Failure to provide any of the required documentation may result in termination of the Agreement and reimbursement to the County from the Recipient within 60 days of any funds paid by the County to the Recipient under this Agreement. The Recipient is required to track any interest earned on the ARPA funds and report the interest to the County on the quarterly report. 5. ARPA Funds. The County agrees to grant the Recipient a project costs not to exceed $300,000 up front with the requirement of the quarterly COVID-19 Expenditure Report as stated in Section 4 of this Agreement. 6. Termination.The County may terminate this Agreement,for convenience or otherwise and for no consideration or damages,upon prior notice to the Recipient. 7. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor.Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Recipient shall not be, or be deemed to be, or act or purport to act,as an employee, agent, or representative of the County for any purpose. 8. Indemnification. The Recipient agrees to defend, indemnify and hold the County, its officers,officials,employees, agents and volunteers harmless from and against any and all claims, injuries,damages,losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Recipient, its officers, directors,employees,and/or agents relating to the Recipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 2 ARPA Recipient Agreement 9. Compliance with Laws,Guidelines. The Recipient shall comply with all federal,state,and local laws and all requirements (including certifications and audits) of the IGA and Program Guidelines,to the extent applicable, when seeking Reimbursement. 10. Maintenance and Audit of Records. The Recipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by the County or its designee, the Washington State Auditor's Office and as required by the IGA and Program Guidelines for five(5)years following termination of this Agreement.if it is determined during the course of the audit that the Recipient was reimbursed for unallowable costs under this Agreement or any, the Recipient agrees to promptly reimburse the County for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Set-vice, postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Recipient Belfair Water District 41 Dale Webb PO BOX 563 Belfair, WA 98528 Mason County Attn:Jennifer Beierle 411 N Fifth St Shelton,WA 98584 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking,obtaining,maintaining,or extending this Agreement.Each party agrees,warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining,maintaining, or extending this Agreement. 13. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect,which gives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. 15. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 3 ARPA Recipient Agreement 16. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 17. Governing Law,Venue, The Agreement will be governed in all respects by the laws of the Washington State,both as to interpretation and performance,without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Mason County, Washington or as provided by RCW 36.01.050. 18. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof;nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 19. Binding_Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 20. Assignment. The Recipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the County. 21. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Recipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 22. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right,action,or benefit in,to,or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to the Washington State Department of Commerce in comnection with the use of AR-PA funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 23. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 24. Counterparts. This Agreement may be executed in one or more counterparts,any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 25. Authorization. Each party signing below warrants to the other party,that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. 4 ARPA Recipient Agreement IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. DATED this 2 day of 1%/ K 0 t' M 13PE ,2022. RECIPI T I IR WATER DISTRICT#1 By: - Print Name: Its: DATED this 3 4iay of N o�ra�. c- , 2022. COUNTY ADMINISTATOR MASON COUNTY, WA HINGTON ar a ounty Administrator ATTEST: MW McKenzie Smith), Cler f the Board APPROVED AS TO FOBh4.— Tim W ehea , PA 5 ARPA Recipient Agreement ATTACHMENT A SCOPE OF WORK The Board of Commissioners is directing up to$300,000 to the Belfair Water District#1 using federal ARPA funding for the purpose of installing new backup generators. These funds must be fully distributed by June 30,2024. The Belfair Water District#1 will be responsible for overseeing and installing of the new backup generators. 1. Program Funding and Award Amount Mason County shall make$300,000 of ARPA funds available to Belfair Water District#1 up front with the requirement of the quarterly COVID-19 Expenditure Report as stated in Section 4 of this Agreement. All funds are to be disbursed by the Recipient no later than June 30,2024. 2.Reporting Belfair Water District #1 shall submit a final report on costs detailed, and provide an A-19 equivalent report and signed certification detailing funds disbursed for the project to include a description of the work,payment amounts,and dates of payments disbursed by the Recipient. Belfair Water District#1 shall maintain all documentation regarding the disbursement of grant funds under this program through the contract period and will provide those materials to Mason County electronically for future audit or other use. 6 ARPA Recipient Agreement