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HomeMy WebLinkAboutContractDocuSign Envelope ID: 45CA5CC9-A3DD-4C4F-ADB8-D3D059BD0B4B Beneficiary (Entity Name) Program Title Grant Beneficiary Agreement City of Renton King County Festlvals and Events fund $7,070 tQ King County Grant Amount$ Agreement Period: From 3/1/2021 To 12/31/2022 --------------Grant Type (reimbursement­ based or revenue loss-based) Revenue loss-based ----------SAM No. (if applicable} This Grant Beneficiary Agreement ("Agreement") is made by and between King County, a municipal corporation ("the County") and Beneficiary to set forth the terms and conditions under which the County will provide a grant to Beneficiary under the Program to be used for costs incurred during the Agreement Period. 1.Scope of Eligible Expenditures. Grant funds may onty be used to pay or reimburse eligible expenditures as described in the "Federal Terms" (Exhibit 1), and as detailed in the "Scope of Work" (Exhibit 2). No grant funds may be used to pay or reimburse costs for which Beneficiary has received any other funding, whether state, federal or private in nature, for that same cost. 2.Beneficiary Responsibilities. Beneficiary understands and agrees that funds provided under this Agreement may only be used in compliance with section 603(c) of the Social Security Act ("the Act"), as added by section 9901 of the American Rescue Plan Act ("ARPA"), the U.S. Department of Treasury's ("Treasury's") regulations implementing that section, guidance issued by Treasury regarding the foregoing, and any other applicable federal statutes, regulations, executive orders, or interpretive guidance, including those described in the "Federal Terms" (Exhibit 1). 3.Beneficiary Certifications. Prior to any disbursement of funds authorized by this Agreement, Beneficiary shall provide the County with: Cost Certification (Exhibit 3), Civil Rights Certification Form (Exhibit 4), the Lobbying Certification Form (Exhibit 5) and, if applicable, the Lobbying Disclosure Form (Exhibit 6). 4.(if reimbursement-based grant) Request for Payment. Beneficiary shall submit a properly executed Invoice Template (Exhibit 7) and Cost Certification {Exhibit 3) for the costs therein as frequently as desired, but at a minimum no later than fifteen (15) working days after the close of each calendar quarter throughout the term of the Agreement. S.Maintenance of and Access to Records. Beneficiary shall maintain all records and accounts with respect to all matters covered by this Agreement, including personnel, property, financial, and programmatic records and documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. These records shall be maintained for a period of six (6) years after all funds have been expended or returned to the County, whichever is later, to ensure proper accounting for all funds and compliance with the Agreement. The County, the Treasury Office of Inspector General, and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Beneficiary in order to conduct audits or other investigations. Beneficiary acknowledges that records may be subject to disclosure under the Public Records Act, Ch. 42.56 RCW. 6.Publications. Any publications produced with funds from this Agreement must display the following language: "This project [is beingl[wasJ supported, in whole or in part, by federal award number SLFRP0152 awarded to King County, Washington by the U.S. Department of the Treasury." 7.Disclaimer by the County and United States. The United States has expressly disclaimed any and all responsibility or liability to the County or third persons for the actions of the County or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of the award of Federal funds to the County under City of Renton Grant Benefici ary Agreement CAG-22-241 DocuSign Envelope ID: 45CA5CC9-A3DO--4C4F-ADB8-O3O059BD0B4B lQ King County section 603(c) of the Act, or any contract or subcontract under such award. The County expressly disclaims any and all responsibility or liability to Beneficiary or third persons for the actions of Beneficiary or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this Agreement or any other losses resulting in any way from the performance of the Agreement, or any subcontract thereto. This Agreement does not in any way establish an agency relationship between or among the United States, the County, and/or Beneficiary. 8.False State ments. Beneficiary understands that making false statements or claims in connection with this Agreement may be a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal or county awards or contracts, and/or any other remedy available by law. 9.Debarment and Suspension Certification. Entities that are debarred, suspended, or proposed for debarment, by the U.S. Government are excluded from receiving federal funds and contracting with the County. Beneficiary, by signature to this Agreement, certifies that Beneficiary is not currently debarred, suspended, or proposed for debarment, by any Federal department or agency. Beneficiary also agrees that it will not enter into a subcontract with a person or entity that is debarred, suspended, or proposed for debarment. Beneficiary will notify the County if it, or a subcontractor, is debarred, suspended, or proposed for debarment, by any Federal department or agency. Debarment status may be verified at https://www.sam.gov/. 10.Termination. Upon seven (7) days-notice, the County may terminate this agreement for convenience. Any unspent grant proceeds shall be immediately returned to the County. 11.Repayment of Funds; Recoupment. If Beneficiary has unspent grant proceeds on hand as of December 31, 2022. Beneficiary shall return all unspent grant proceeds to the County within ten (10) calendar days. If any funds provided to Beneficiary were used in a manner that is not consistent or allowable as outlined in this Agreement or in the Federal Terms, Beneficiary shall return funds to County in the amount determined to be ineligible. Beneficiary further agrees that it is financially responsible for and will repay the County any and all indicated amounts following an audit exception which occurs due to Beneficiary's failure, for any reason, to comply with the terms of this Agreement. This duty to repay the County shall not be diminished or extinguished by the termination of the Agreement. 12.Conflict of Interest. Beneficiary designees, agents, members, officers, employees, consultants, and any other public official who exercises or who has exercised any functions or responsibilities with respect to the Program during his or her tenure, or who is in a position to participate in a decision-making process or gain inside information with regard to the Program, are barred from any interest, direct or indirect, in any grant or proceeds of the Program, or benefit there from, which is part of this Agreement at any time during or after such person's tenure. 13.Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington, or the U.S. District Court for the Western District of Washington. 14.Indemnification. To the maximum extent permitted by law, Beneficiary shall, at its cost and expense, protect, defend, indemnify, and hold harmless the County, its directors, officers, employees, and agents, from and against any and all demands, liabilities, causes of action, costs and expenses (including attorneys' fees), claims, judgments, or awards of damages, arising out of or in any way resulting from the acts or omissions of Beneficiary, its directors, officers, employees, or agents, relating in any way to Beneficiary's performance or non-performance under the Agreement. Beneficiary agrees that its obligations under this paragraph extend to any demands, liabilities, causes of action, or claims brought by, or on behalf of, any of its employees or agents. For this purpose, Beneficiary, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under any industrial insurance act, including Title 51 RCW, other Worker's Compensation act, City of Renton Grant Beneficiary Agreement DocuS1gn Envelope ID 45CA5CC9.A3DD--4C4F-ADB8-D3D059BDOB4B tQ King County disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. These indemnification obligations shall survive the termination of the Agreement. KING COUNTY Executive Office Performance, Strategy and Budget {PSB) Name: Dwight Dively Title: Director Date: 6/1/2022 Exhibits 1-Federal Terms 2 -Scope of Work 3 -Cost Certification 4 -Civil Rights Certification Form 5 -Lobbying Certification Form 6 -Lobbying Disclosure Form (if applicable) BENEFICIARY Name: Title: Signature: Date: 7 -Invoice Template (if reimbursement-based grant) 8 -Grant Application (if reimbursement-based grant) City of Renton Grant Beneficiary Agreement Armondo Pavone Mayor Attest:______________________________Jason A. Seth, City Clerk 7/19/2022 DocuSign Envelope ID: 45CA5CC9-A3DD-4C4F-ADB8-D3D059BD0B4B Grant Beneficiary Agreement -Exhibit 1 FEDERAL TERMS In case of conflict between these Federal Terms and the Agreement, the following order of priority shall be utilized: (1) Federal Terms, and (2) Agreement. 1.Beneficiary understands and agrees that funds provided under this Agreement may come from a federal source and agrees to comply with any and all additional applicable terms. 2. A.Beneficiary Capacity. Benefic iary agrees and confirms that it has the institutional, managerial and financial capacity to ensure proper planning, management and completion of the work detailed in the Scope of Work (Exhibit 2). B.Technical Assistance. If, at any time, Beneficiary believes its capacity is compromised or Beneficiary otherwise needs any sort of assistance, it shall immediately notify the County. The County will make best efforts to provide timely technical assistance to Beneficiary to bring Beneficiary into compliance. C.Compliance with Act. Beneficiary understands and agrees that funds provided under the Agreement may only be used in compliance with section 603(c) of the Social Security Act (the "Act"), as added by section 9901 of the American Rescue Plan Act ("ARPA"), the U.S. Department of Treasury's (·'Treasury's") regulations implementing that section, and guidance issued by Treasury regarding the foregoing, as well as other applicable federal statutes, regulations, executive orders, and interpretive guidance. D.Definitions. The term "Beneficiary" shall refer to an individual or entity who receives funds from the County as an end user to respond to the negative impacts of COVID-19 on that individual or entity, but shall not include a "Subrecipient" or a "Contractor" as defined in 2 C.F.R. 200.1 and as determined in the County's sole discretion. Agreement Requirements and Incorporated Exhibits. Beneficiary shall meet the requirements included in the Agreement and in the following attached exhibits, each of which is incorporated into the Agreement by reference: EXHIBIT NAME NUMBER Federal Terms Exhibit 1 Scope of Work Exhibit 2 Cost Certification Exhibit 3 Civil Rights Certification Form Exhibit 4 Lobbying Certification Form Exhibit 5 Lobbying Disclosure Form (if activity occurs) Exhibit 6 Invoice Template (if applicable) Exhibit 7 A.Scope of Eligible Expenditures. Grant funds may only be used to pay or reimburse eligible expenditures as described in the Agreement, these Federal Terms (Exhibit 1), and Scope of Work (Exhibit 2). No grant funds may be used to pay or reimburse DocuSign Envelope ID; 45CA5CC9-A3DD-4C4F-ADB8-D3D059BD0B4B 3. 4. costs cannot be used for costs for which Beneficiary has received any other funding, whether state, federal or private in nature, for that same cost. 8.Beneficiary Certifications. Prior to any disbursement of funds authorized by this Agreement, Beneficiary shall provide the County with: Cost Certification (Exhibit 3), Civil Rights Certification Form (Exhibit 4), the Lobbying Certification Form (Exhibit 5), and, if activity occurs, the Lobbying Disclosure Form (Exhibit 6). C.Reports. Beneficiary shall provide the County with additional information and documentation upon request, including completing any reports deemed necessary for the County to comply with documentation, reporting, or audit requirements. Access to Records. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Beneficiary in order to conduct audits or other investigations. Uniform Guidance Compliance. A.Remedial Actions. In the event of Beneficiary's noncompliance with section 603(c) of the Act, Treasury's regulations implementing that section, guidance issued by Treasury regarding the foregoing, or any other applicable federal laws or regulations, Treasury may take available remedial actions as set forth in 2 C.F.R. 200.339. B.Recoupment. 1.Beneficiary agrees that it is financially responsible for and will repay the County any and all indicated amounts following an audit exception which occurs due to Beneficiary's failure, for any reason, to comply with the terms of the Agreement. This duty to repay the County shall not be diminished or extinguished by the termination of the Agreement. 2.In the event of a violation of section 603(c) of the Act, the funds shall be subject to recoupment by the County. 3.Any funds paid to Beneficiary (1) in excess of the amount to which Beneficiary is authorized to retain under the terms of the Agreement; (2) that are determined by the Treasury Office of Inspector General to have been misused; (3) are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act; or (4) are otherwise subject to recoupment by the County, and have not been repaid by Beneficiary to the County shall constitute a debt to the County. 4.Any debts determined to be owed the County must be paid promptly by Beneficiary. A debt is delinquent if it has not been paid by the date specified in the County's initial written demand for payment, unless other satisfactory arrangements have been made or if the County knowingly or improperly retains funds that are a debt. The County will take any actions available to it to collect such a debt. C.Return of Unused Funds. If Beneficiary has any unspent funds on hand as of the earlier of December 31, 2024, or the termination of this Agreement, Beneficiary shall return all unspent funds to the County within ten (10) calendar days. DocuSign Envelope ID: 45CA5CC9-A3DD-4C4F-ADB8-D3D059BD0B4B 5.Disclaimer. A.The United States expressly disclaims any and all responsibility or liability to Beneficiary or third persons for the actions of Beneficiary or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this grant or any contract, or subcontract under this grant. B.The acceptance of this grant by Beneficiary does not in any way establish an agency relationship between the United States and Beneficiary. 6.Protection for Whistleblowers. 7. 8. 9. A.In accordance with 41 U.S.C. § 4712, Beneficiary may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. B.The list of persons and entities referenced in the paragraph above includes the following: 1.A member of Congress or a representative of a committee of Congress; 2.An Inspector General; 3.The Government Accountability Office; 4.A Treasury employee responsible for contract or grant oversight or management; 5.An authorized official of the Department of Justice or other law enforcement agency; 6.A court or grand jury; or 7.A management official or other employee of Beneficiary, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. C.Beneficiary shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Beneficiary is encouraged to adopt and enforce on-the-job seat belt policies and programs for its their employees when operating company-owned, rented or personally owned vehicles. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (October 6, 2009), Beneficiary is encouraged to adopt and enforce policies that ban text messaging while driving, and to establish workplace safety policies to decrease accidents caused by distracted drivers False Statements. Beneficiary understands that making false statements or claims in connection with this Agreement may be a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages DocuSign Envelope ID: 45CA5CC9-A3DD-4C4F-ADB8-D3D059BD0B4B and penalties, debarment from participating in federal or county awards or contracts, and/or any other remedy available by law. 10.Applicable Laws. A.The Agreement shall be governed by and construed in accordance with the laws of the State of Washington. B.Beneficiary agrees to comply with the requirements of section 603 of the Act, the Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Beneficiary also agrees to comply with all other applicable federal statutes, regulations, executive orders, and interpretive guidance, and Beneficiary shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this Agreement. C.Federal regulations applicable to this grant may include, without limitation, the following: 1.Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, including the following: a.Subpart A, Acronyms and Definitions; b.Subpart B, General Provisions; c.Subpart C, Pre-Federal Award Requirements and Contents of Federal Awards; d.Subpart D, Post-Federal Award Requirements; e.Subpart E, Cost Principles; f.Subpart F, Audit Requirements; and g.All Appendices thereto. 2.Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. 3.Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. 4.0MB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. 5.Beneficiary Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. 6.Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. 7.New Restrictions on Lobbying, 31 C.F.R. Part 21. 8.Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. DocuSign Envelope ID: 45CA5CC9-A3DD-4C4F-ADB8-D3D059BD0B4B 9.Generally applicable federal environmental laws and regulations. C.Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: 1.Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's Implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; 2.The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; 3.Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; 4.The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and 5.Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. D.Hatch Act. Beneficiary agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C.§§ 1501-1508 and 7324-7328), which limits certain political activities of federal employees, as well as certain other employees who work in connection with federally funded programs. E.Beneficiary agrees to comply with the Prohibition on Providing Funds to the Enemy (2 C.F.R. 183). DocuSign Envelope ID: 45CA5CC9-A3DD-4C4F-ADB8-D3D059BD0B4B Revenue loss-Based Grant: Grant Beneficiary Agreement -Exhibit 2 SCOPE OF WORK This grant is a one-time economic impact payment to mitigate financial hardship due to COVID-19. Grant funds may be applied to support payroll and benefits costs, costs to retain employees, mortgage, rent, or utilities costs, and other non-capital operating costs. Grant funds may not be applied to expenses incurred from lobbying or to gambling businesses, residential builders, speculative real estate investors, federally prohibited businesses such a marijuana business, or sexually oriented businesses. Beneficiary is not required to report grant expenditures to the County. DocuSign Envelope 10 45CA5CC9-A3OD-4C4F-ADB8-D3D0598O0B48 King County Festivals and Events Grant Program Cost Certification for City Beneficiaries I, Preeti Shridhar as the Equity, Housing, and Human Services Department Administrator of the City of Renton ("City"), certify that: 1.I have authority and approval from the governing body on behalf of the City to accept proceeds from King County (the "County") per the King County Festivals and Events Grant Program Agreement ("Agreement") by and between the County and the City from the County's allocation of the Coronavirus Local Fiscal Recovery Fund ("CLFR") as created by the American Rescue Plan Act of 2021, Section 9901 ("ARPA"). 2.The funds disbursed to the City under the Agreement are intended to offset lost revenue due to the cancellation of event(s) in 2020 and/or 2021 because of the COVID-19 public health emergency. 3.The amount of revenue lost due to the cancelled events requested by the City is true and correct and supported by financial records and statements for City. 4.I understand that a duplication of benefits occurs when a person, household, government agency, or other entity receives financial assistance from multiple sources for the same purpose, and the total assistance received for that purpose exceeds the total need for assistance. Duplication of benefits also occurs when financial assistance is provided to a person or entity through a program to address losses and the person or entity has received (or would receive, by acting reasonably to obtain available assistance) financial assistance for the same losses from any other source (including insurance), and the total amount received exceeds the total need for those losses. 5.The City has separately received CLFR funds from either the U.S. Department of the treasury or the State of Washington. Under ARPA, the City may use these CLFR funds for, among other things, the provision of government services to the extent of the City's reduction in revenue due to the COVID-19 public health emergency. 6.The City has not used, and will not use, CLFR funds received from the State of Washington for the provision of government services based on the City's reduction in revenue due to the COVID-19 public health emergency. 7.The City has not received, and will not receive, any other funding, whether federal, state, local or private in nature (including insurance), for the same revenue losses covered by the funds provided by King County under the Agreement. The City has not relied, and will not rely, upon such losses in requesting funding from any other funding source. I hereby certify that I have read the above certification, and that the information and my statements provided herein by me are true and correct to the best of my knowledge, and by my signature on this DocuSign Envelope ID: 45CA5CC9-A3DD-4C4F-ADB8-D3D059BD0B4B document, acknowledge my understanding that any inte ntional or negligent misrepresentation or falsification of any of the informati on in this document could su bject me to punishment under federal, civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both under Title 18, United States Code, Sec. 1001, et seq. And punishment under federal law. Printed Name: Preeti Shirdhar, Equity, Housing, and Human Services Admin istrator (POocuSlgned by: Signature:}�"�,�� Title: Eauit� Housin�, and Human Services Administrator Date: 2/1ST022 I : OS PM PST DocuSign Envelope ID: 45CA5CC9-A3OO-4C4F-ADB8-O3O059BO0B4B Grant Beneficiary Agreement - Exhibit 4 CIVIL RIGHTS CERTIFICATION FORM tQ King County The funds provided to the Beneficiary named below (hereinafter referred to as the "Beneficiary") are available under section 603 of the Social Security Act, as added by section 9901 of the American Rescue Plan Act. Beneficia ry understands and acknowledges that: As a condition of receipt of federal financial assistance from the Department of the Treasury, with monies distributed through King County, Beneficiary provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to Beneficiary, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of Beneficiary's program(s) and activity(ies), so long as any portion of Beneficiary's program(s) or activity(ies) is federally assisted in the manner prescribed above Beneficiary certifies the following: 1.Beneficiary ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2.Beneficiary acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Beneficiary understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Beneficiary shall initiate reasonable steps, or comply with the Depart ment of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Beneficiary understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in Beneficiary's programs, services, and activities. 3.Beneficiary agrees to consider the need for language services for LEP persons when Beneficiary develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov. 4.Beneficiary acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Beneficiary and its successors, transferees, and assignees for the period in which such assistance is provided. S.Beneficiary shall comply with Title VI of the Civil Rights Act of 1964, which prohibits Beneficiaries of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as DocuS1gn Envelope ID: 45CA5CC9-A3OO-4C4F-ADB8-D3D059BD0B4B � King County implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6.Beneficiary understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates Beneficiary, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Contractor for the period during which it retains ownership or possession of the property. 7.Beneficiary shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Beneficiary shall comply with information requests, on-site compliance reviews and reporting requirements. 8.Beneficiary shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Beneficiary also must inform the Department of the Treasury if Contractor has received no complaints under Title VI. 9.Beneficiary must provide documentation of an administrative agency's or court's findings of non­ comphance of Title VI and efforts to address the non-compliance, including any vol untary compliance or other agreements between the Contractor and the administrative agency that made the finding. If Beneficiary settles a case or matt er alleging such discrimination, Beneficiary must provide documentation of the settlement. If Beneficiary has not been the subject of any court or administrative agency finding of discrimination. please so state. 10.The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take m order to address v1olat1ons of this document or applicable federal law. I hereby certify that I have read and understood the obligations described above, that Beneficiary is in compliance with the above-des cribed nondiscrimination requirements, and by my signature on this docum ent, acknowledge my understanding that any intentional or negligent misrepresentation or falsification of any information submitted in conjunction with this document could subject me to punishment under federal, civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both under Title 18, United States Code, Sec. 1001, et seq. and punishment under federal law. Printed Name Signature Title Date Armondo Pavone Mayor 7/19/2022 DocuS1gn Envelope ID. 45CA5CC9-A3DO-4C4F-AD88-D3D0598O0848 Grant Beneficiary Agreement -Exhibit 5 LOBBYING CERTIFICATION FORM The undersigned certifies, to the best of the undersigned's knowledge and belief, that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2} If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, as attached. (3} The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certifica tion is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be su bject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. I hereby certify that I have read the above certification, and that the infor mation and my statements provided herein by me are true and correct to the best of my knowledge, and by my signature on this document, acknowledge my understanding that any intentional or negligent misrepresentation or fals ification of any of the information in this document could subject me to punishment under federal and/or civil liability and/or in criminal penalties, including but not limited to fine or imprisonment or both under Title 18, United States Code, Sec. 1001, et seq. and punishment under federal law. Printed Name Signature Title Date Armondo Pavone Mayor 7/19/2022 King County Award Notification Letter Dear Benita Horn, Congratulations! This is to inform you that your application is now awarded. Project: Festivals and Events Grant Program Program: Festivals and Events Grants Notification Date: 02/16/2022 Approval Date: Approved Amount: $7,070.00 Federal Awards: Other Awards: Total Match: Period of Performance: Ein: Page 1 of 2 •USl 7341 Coronavirus State and Local Fiscal Recovery Fund (CSFRF/CLFRF) -FY 2021: $7,070.00 o Agency: U.S. Department of the Treasury o Fiscal Year: 2021 o CFDA: 21.027 Total Federal: $7,070.00 No non-federal funds were included in this award. $0.00 02/15/2022 -12/31/2022 91-6001271 Page 2 of 2