HomeMy WebLinkAboutBelfair Water District No. 1 - Contract me (XD-+
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 St,ne- , 2024, 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 and Recipient desire to enter into this Agreement so that the County may
grant up to$33,788,63 of ARPA Funds for the appropriate and qualifying project,to the Recipient
for the provision of providing the final funding for the 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:
I. Effective Date and Term. This Agreement shall commence when last executed by all
parties and remain in effect until December 31, 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
reduction in revenue, c)respond to workers performing essential work,d)make necessary
investments in water, sewer or broadband infrastructure.
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ARPA Recipient Agreement
3. Ineligible 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; 0
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 requirement for documentation
of ARPA funding under the IFR, the Recipient will submit a quarterly A-19 equivalent
report to the County,by October 7,2024,detailing the expenditures,and work done on the
approved project. A final A-19 report is due by November 30,2024.Failure to provide any
of the required documentation may result in termination of the Agreement.
5. ARPA Funds. The County agrees to provide the Recipient up to $33,788.63 on a
reimbursement basis,with the requirement of the COVID-19 Expenditure Report as stated
in Section 4 of this Agreement by December 31, 2024.
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.
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
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ARPA Recipient Agreement
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 Service, 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#1
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.
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,
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ARPA Recipient Agreement
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. Assigment.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 AD-cement. 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 connection with the use of ARPA 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.
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ARPA Recipient Agreement
IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of
the last date signed below.
DATED this Lon' day of Jun Q , 2024.
RECI IENT,BELFAIR WATER DISTRICT#1
By:
Print Name: -Dale. Lk)eJo6
Its: L �,-
DATED this L day of 22024.
COUNTY ADMINISTRATOR
MASON COUNTY,WASHINGTON
un y ministrator
ATTEST:
rn�1��X�/Y1SlQ S��n _
McKenzie SnAiith, Cqerk of the Board
APPROVED AS TO FORM:
i eh DPA
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ARPA Recipient Agreement
ATTACHMENT A
SCOPE OF WORK
The Board of Commissioners is directing up to$33,788.63 of federal ARPA funds to the Belfair
Water District#1 on a reimbursement basis for the purpose of installing new backup generators.
The Recipient will be responsible for completing the tasks and activities below as well as others
detailed throughout this AGREEMENT, U.S. Treasury guidance as required to provide referral
and direct services in compliance with the ARPA program and Mason County's(COUNTY)
policies and procedures. It is Belfair Water District#1's responsibility to review,understand,
implement, and adhere to all requirements as this Scope-of-Work is a summary,not an
exhaustive list.
The Belfair Water District#1 will be responsible for overseeing the program.
1. Program Funding and Award Amount
Mason County shall make up to $33,788.63 of ARPA funds available to Belfair Water District
#1 on a reimbursement basis, with the requirement of the COVID-19 Expenditure Report as
stated in Section 4 of this Agreement.
2. Reporting
All reports are to be submitted to the COUNTY no later than November 30,2024.
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,
by November 30, 2024.
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.
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ARPA Recipient Agreement
ARPA Recipient Agreement