HomeMy WebLinkAboutRes2022-051 ARPA Funds Sponsored by: Bower
CITY OF SEWARD,ALASKA
RESOLUTION 2022-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ACCEPTING AND APPROPRIATING AMERICAN RESCUE
PLAN ACT (ARPA) FEDERAL GRANT FUNDS SOA-DCCED (NEU) IN
THE AMOUNT OF$676,748.30 FOR THE PURPOSE OF INVESTMENT IN
WATER AND SEWER INFRASTRUCTURE
WHEREAS, on March 11, 2021, President Biden signed the American Rescue Plan Act
of 2021; and
WHEREAS, Resolution 2021-141 accepted the Coronavirus Local Recovery Fund for
Non-Entitlement Unit of Local Government ("CLFRF-NEU") from the Alaska Department of
Commerce, Community and Economic Development to offset significant revenue loss due to the
COVID-19 public health emergency; and
WHEREAS, $350 billion was appropriated for state, local, territorial, and tribal
governments to respond to the COVID-19 emergency; and
111 WHEREAS, the US Treasury is allowing these funds to replace lost public sector
revenue; and
WHEREAS,the intent of this program is to provide support to State,territorial,local,
and Tribal governments in responding to the economic and public health impacts of COVID-
19 and in their efforts to contain impacts on their communities,residents, and businesses; and
WHEREAS,the State of Alaska received these funds and notified the City of Seward
on June 17, 2021, the City had been allocated funds through ARPA for non-entitlement units
of local government, as distributed through the State of Alaska; and
WHEREAS, investment in water and sewer infrastructure is an eligible use of these
funds as outlined by the U.S. Department of the Treasury; and
WHEREAS, the City of Seward Water and Wastewater Funds have infrastructure needs
as well as expansion opportunities; and
WHEREAS, the grant funds will be split evenly between the Water and Wastewater
Funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD,ALASKA that:
CITY OF SEWARD, ALASKA
RESOLUTION 2022-051
Section 1. Funding in the amount of$338,374.15 is hereby accepted and appropriated
in the Water Enterprise Fund as Federal Grant Revenue account no. 1700-0000-5921-0080.
Section 2. Funding in the amount of$338,374.15 is hereby accepted and appropriated
in the Wastewater Enterprise Fund as Federal Grant Revenue account no. 1800-0000-5921-
0080.
Section 3. This resolution is effective upon adoption.
PASSED AND APPROVED by the City Council of the 'ty of Seward, Alaska, this 11`h
day of April, 2022. 41115.-7
C i ASKA
ALAAO
hristy Terr , .yor
AYES: Calhoon, Casagranda, DeMoss, Osenga, Wells, Mc. - :.. •
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Brenda J. Ballou, MC
City Clerk
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City Council Agenda Statement
Meeting Date: April 11, 2022
To: City Council
From: Janette Bower
Agenda Item: Resolution 2022-051:Accepting and Appropriating American Rescue Plan Act
(ARPA) Federal Grant Funds SOA-DCCED (NEU) in the Amount of
$676,748.30 for the Purpose of Investment in Water and Sewer
Infrastructure
Background and justification:
As part of the American Rescue Plan Act (ARPA), the Coronavirus State Fiscal Recovery Fund and
the Local Fiscal Recovery Fund were established to provide support to State, local, and Tribal
governments in responding to the impacts of COVID-19. The State of Alaska received these federal
funds and appropriated $676,748.30 to the City of Seward. Of the eligible uses of these funds,
Administration has identified investment in water and sewer infrastructure as the most appropriate
use.
The funds will be split evenly between the Water and Wastewater Enterprise Funds and placed in
their own capital project funds. Once specific infrastructure projects have been identified,
Administration will bring a resolution to Council for approval and appropriation.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.7.1.4 Continue to Upgrade and Expand Utilities
Strategic Plan: Page 9 Promote Residential and Commercial Development
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 676,748.30
This legislation (✓):
x Creates revenue in the amount of: $ 676,748.30
Creates expenditure in amount of: $
Creates a savings in the amount of: $
Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
x Not budgeted 1800-0000-5921-0080
Not applicable
Finance Signature: ' t4
Attorney Review✓ Administration Recommendation
RxYes x Adopt Resolution
Not applicable Other:
82
AMERICAN RESCUE PLAN ACT (ARPA)
CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF)
AMENDMENT
Department of Commerce,Community, and Economic Development
Division of Community and Regional Affairs
Non-Units of General Local Government: NEU Recipient Number
Local Gov't Name
City of Seward AK0122
CFDA: EIN Number DUNS Number Vendor Number: Appropriation Unit:
21.027 92-6000086 603559931 COS84266 085601269
Budget Amendment# 1
EFFECTIVE THE DATE SHOWN ABOVE THIS GRANT IS HEREBY AMENDED AS FOLLOWS:
1. To finalize the Non-Entitlement Units of General Local Government (NEU) funding for the first
tranche of funds, the funds from the unresponsive municipalities and municipalities that declined
funding are redistributed.
2. This Coronavirus Local Fiscal Recovery Fund distribution is increased by $1,815.59 for a total CLFRF of
$676,748.30 as reflected below:
CLFRF to NEU Redistributed CLFRF TOTAL CLFRF Amount:
ARPA Funds $674,932.71 $1,815.59 $676,748.30
3. The city's first tranche of redistributed funds will be half of the redistributed allocation identified
above.
4. The city agrees to US Department of Treasury's reporting requirements, which must include the
combined funding received under the program including ARPA, NEU, and Coronavirus Local Fiscal
Recovery Funds.
ALL OTHER TERMS AND CONDITIONS OF THE GRANT AGREEMENT REMAIN IN
FULL FORCE AND EFFECT.
Grantee Department
Signature Signature Printed Name and Title Printed Name and Title
Not Required Pauletta Bourne, Grants Administrator III
Date Date 2/25/2022
Page 1
DEPARTMENT OF COMMERCE,COMMUNITY,AND ECONOMIC
DEVELOPMENT
DIVISION OF COMMUNITY AND REGIONAL AFFAIRS
Coronavirus Local Fiscal Recovery Fund Agreement
°F aLAs�`
NEL`Recipient# EIN Vendor# Amount of Federal Funds CFDA
AK0122 92-6000086 COS84266 $674 932.71 21.027
GAE Appropriation Unit Period of Performance Project Tide
085601269 December 31,2024 Coronavirus Local Fiscal Recovery Fund
Non-Entitlement Unit of Local Government(NEU) Department Contact Person
Local Gov t Name DUNS# Name
City of Seward 037996634 Kimberly Phillips
Street/PO Box Title
PO Box 167 Grants Administrator II
City/State/lip Street/PO Box
Seward,AK 99664 455 3rd Avenue, Ste 140
Authorized Representative Name&Title City State/Zip
Janette Bower,City Manager Fairbanks,AK 99701-3110
Phone Email Phone Final
(907) 224-4046 jbowerC,1ci1y fseward.net (907) 451-2718 DCRA.ARPAIa alaska. ov
Contact Person(f any)Name&Title
Janette Bower,City Manager
Phone Email
(907) 224-4046 Ibowert�q c4_ofseward.net
AGREEMENT
This Coronavirus Local Fiscal Recovery fund Agreement ("Agreement") is between the Alaska Department of
Commerce,Community,and Economic Development,Division of Community and Regional Affairs (hereinafter
"Department") and the City of Seward (hereinafter"NEU"j. The Department and NEL?agree:
I. Purpose.The purpose of this Agreement is to establish terms whereby the Department will distribute funds
to NEt'in accordance with the American Rescue Plan Act of 2021 and L'.S.Department of Treasury
Interim Final Rule 31 CFR Part 35 and to establish related obligations of the parties.
H. Contract. The Agreement consists of this page, Appendices referenced herein, and any duly executed
amendments to this Agreement.
Appendix A: Award Terms and Conditions Agreement
Appendix B: NEL?Financial Institution Information
Appendix C: Agreed Terms
Appendix D: Assurances of Compliance with Title 171 of the Civil Rights Act of 1964
Appendix E: Total NEtl Budget Certificate
Non-Entitlement Unit of Local Government Department
NEU Signa DCCE S' tur
,jL
2L_If� & J��(A/r�t
Printed Name qC d Title of Authorized Representative Printed Name and Tide
anette Bower City Manager Pauletta Bourne Grants Administrator III
Date Date
Rev.07'01?1 Coronavirus Local Fiscal Recovery Fund Agreement
OMB Approved No. 1505-0271
Expiration Date: November 30,2021
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address: DUNS Number: 037996634
CITY OF SEWARD
410 ADAMS ST. - PO BOX 167 Taxpayer Identification Number:
SEWARD,AK 99664-0167 92-6000086
Assistance Listing Number: 21.027
Sections 602(b) and 603(b)of the Social Security Act(the Act) as added by section 9901 of the
American Rescue Plan Act,Pub.L. No. 117-2(March 11, 2021)authorize the Department of the
Treasury(Treasury) to make payments to certain recipients from the Coronavirus State Fiscal
Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.
Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms
attached hereto.
Recipient:
JAk" 1r
VVVI 1 %1'
Aiithvlzed Representative:
Title: CITY MANAGER
Date signed: 7/28/21
U.S. Department of the Treasury:
Authorized Representative:
Title:
Date:
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support.The
estimated burden associated with this collection of information is 15 minutes per response. Comments
concerning the accuracy of this burden estimate and suggestions for reducing this burden should be
directed to the Office of Privacy,Transparency and Records,Department of the Treasury, 1500
Pennsylvania Ave.,N.W.,Washington,D.C. 20220.DO NOT send the form to this address.An agency
may not conduct or sponsor,and a person is not required to respond to,a collection of information unless
it displays a valid control number assigned by OMB.
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be
used in compliance with section 603(c) of the Social Security Act (the Act), Treasury's
regulations implementing that section, and guidance issued by Treasury regarding the
foregoing.
b. Recipient will determine prior to engaging in any project using this assistance that it has
the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and
ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient
may use award funds to cover eligible costs incurred during the period that begins on March
3, 2021, and ends on December 31,2024.
3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury
as they relate to this award.
4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial 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.
b. 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 Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five(5)years after all funds have
been expended or returned to Treasury, whichever is later.
5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
6. Administrative Costs. Recipient may use funds provided under this award to cover both direct
and indirect costs.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
S. Conflicts of Interest.Recipient understands and agrees it must maintain a conflict of
interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy
is applicable to each activity funded under this award. Recipient and subrecipients must
disclose in writing to Treasury or the pass-through entity, as appropriate, any potential
conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
2
9. Comiliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations
adopted by Treasury pursuant to section 603(f)of the Act,and guidance issued by Treasury
regarding the foregoing. Recipient also agrees to comply with all other applicable federal
statutes,regulations,and executive orders,and Recipient shall provide for such compliance
by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include,without limitation,the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable to this Award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform
Guidance,implementing the Single Audit Act,shall apply to this award.
ii. 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.
iii. 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.
iv. OMB 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.
V. Recipient 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.
vi. Governmentwide Requirements for Drug-Free Workplace,31 C.F.R.Part 20.
vii. New Restrictions on Lobbying,31 C.F.R.Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C.
§§4601-4655)and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation,the following:
i. 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;
3
ii. 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;
iii- 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;
iv. 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
V. 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.
10. Remedial Actions. In the event of Recipient's noncompliance with section 603 of the Act,other
applicable laws,Treasury's implementing regulations, guidance, or any reporting or other
program requirements, Treasury may impose additional conditions on the receipt of a
subsequent tranche of future award funds,if any,or take other available remedies as set
forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c)of the Act regarding the
use of funds, previous payments shall be subject to recoupment as provided in section 603(e)
of the Act.
11. Hatch Act. Recipient agrees to comply, as applicable,with requirements of the Hatch Act(5
U.S.C. §§ 1501-1508 and 7324-7328),which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity
financed in whole or in part by this federal assistance.
12. False Statements.Recipient understands that making false statements or claims in connection
with this award is 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 awards or contracts,and/or any other remedy available by law.
13. Publications.Any publications produced with funds from this award must display the
following language: "This project [is being] [was] supported,in whole or in part, by federal
award number[enter project FAIN] awarded to[name of Recipient]by the U.S.Department
of the Treasury,"
14. Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; (2) that are
determined by the Treasury Office of Inspector General to have been misused; or (3)
that are determined by Treasury to be subject to a repayment obligation pursuant to
section 603(e)of the Act and have not been repaid by Recipient shall constitute a debt
to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
4
Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's
initial written demand for payment,unless other satisfactory arrangements have been
made or if the Recipient knowingly or improperly retains funds that are a debt as
defined in paragraph 14(a).Treasury will take any actions available to it to collect such
a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient
or third persons for the actions of Recipient 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 award or any contract,or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency
relationship between the United States and Recipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient 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:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
V. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury;or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under
this section,in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217(Apr. 18, 1997),Recipient should encourage its contractors to adopt and enforce on-the-
job seat belt policies and programs for their employees when operating company-owned,
rented or personally owned vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
(Oct. 6, 2009),Recipient should encourage its employees, subrecipients, and contractors to
adopt and enforce policies that ban text messaging while driving, and Recipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
5
Appendix B
NEU Financial Institution Information
The Department will distribute NEUs Award in accordance with the instructions provided by NEU
in this Appendix B.
For purposes of receiving its Award,NEU directs the Department to issue payments as follows
(initial only one):
Initials Payment Direction
Issue all payments to NEU using financial information currently on file with the
State of Alaska.The Department may rely on existing financial information for NEU
within the state's systems to issue all payments associated with this Agreement. The
Authorized Representative for NEU hereby certifies that the financial information
for NEU on file with the State of Alaska is accurate and up-to-date;
Issue all payments to NEU via check to the address provided by NEU on page 1 of
the Agreement;or
Issue all payments to NEU in accordance with the attached Electronic Payment
Agreement.
NEU Additional Instructions if any):
NEU hereby agrees to the terms of this Appendix B.
NEU Name: CITY OF SEWARD
ff
Si re of Authorized Representative
CITY MANAGER
Title:
7/28/2021
Date:
Coronavirus Local Fiscal Recovery Fund Agreement CFDA#21.027
Appendix C
Agreed Terms
The Department and NEU agree as follows:
1. Department's Role
The Department is required to allocate and distribute the Local Fiscal Recovery Fund payment
received from the U.S. Department of the Treasury ("Treasury") to NEU in accordance with sections
602 and 603 of the Social Security Act,Treasury's regulations implementing that section,and guidance
issued by Treasury regarding the foregoing.
2. NEU is prime recipient.
NEU is the prime recipient of the Coronavirus State and Local Fiscal Recovery Fund Award (the
"Award")issued to NEU and is independently responsible for compliance with the Coronavirus Local
Fiscal Recovery Fund Award Terms and Conditions (Appendix A). NEU is not a subrecipient.
3. Mandatory Information and Documentation
The Department may not initiate payment of an Award until receipt of the following information
and documentation from NEU:
(a) Completed and signed Agreement (which provides the local government's name;
EIN/TIN; DUNS number; address,Entity's Taxpayer Identification Number;DUNS
number; address;Authorized representative name, title, and email, etc.);
(b) NEU's financial institution information (e.g.,routing and account number, financial
institution name and contact information; see Appendix B);
(c) Total NEU budget (see Appendix E);
(d) Executed Award Terms and Conditions Agreement (as provided by Treasury; see
Appendix A); and,
(e) Executed "Assurances of compliance with Title VI of the Civil Rights Act of 1964" (as
provided by Treasury; see Appendix D).
Once an NEU has submitted the mandatory information and documentation, the Department will
process the initial Award distribution.
4. NEU Recipient Number
The Department will assign each NEU a unique "NEU Recipient Number." This number will begin
with the two-letter abbreviation for Alaska followed by four numeric digits (e.g. AK0012). NEUs
should retain the NEU Recipient Number as an identifying number for the lifecycle of the program,
including for reporting purposes.
Coronavirus Local Fiscal Recovery Fund Agreement-Appendix C Agreed Terms CFDA#21.027 Page I of 3
5. Award Allocation; "75 percent cap"; Return of Funds
The Department is required to allocate and distribute NEU's Award payment in accordance with a
formula whereby the award issued is proportional to the population of the NEU in comparison to the
total population of all NEUs in the State. However, the total Award distributed may not exceed the
amount equal to 75 percent of NEU's "most recent budget" as of January 27,2020. Treasury defines
"most recent budget" to mean an NEU's total annual budget, including both operating and capital
expenditure budgets,in effect as of January 27,2020. The Department may refer to the "most recent
budget" as the NEU's total annual budget or reference budget.
The Department will use the documentation provided in response to Appendix E to determine
whether the "75 percent cap" applies to an NEU's Award. If an NEU's total allocation is found to be
more than 75 percent of the NEU's reference budget,the Department must return the amount of the
allocation in excess of the NEU's reference budget to Treasury.
The Department will adopt a uniform standard consistent with Treasury's guidance in order to
implement these requirements and will provide technical assistance to NEUs as needed.
6. Payment Tranches; Distribution Deadlines and Extensions
Treasury will make payments from the Local Fiscal Recovery Fund for distribution to NEUs in two
tranches. The Department has 30 days to distribute these funds to NEUs, unless the Department
receives an extension of the deadline from Treasury.
The Department will issue initial distributions from the First Tranche to each NEU upon receipt of
all Mandatory Information and Documentation.
For any NEU that is unresponsive (i.e. the NEU has neither requested funding nor declined
allocation), the Department may issue a subsequent distribution of the funds that had been allocated
to such non-responsive NEUs among the NEUs that have requested funding.
Treasury will distribute the Second tranche no earlier than 12 months after the date on which the First
Tranche payment is paid to the State of Alaska.
7. Compliance with Federal Regulations; Cooperation by NEU
The Department is required to confirm that the NEU is not excluded or disqualified in compliance
with 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19, among other
requirements. NEU agrees to cooperate with the Department's reasonable requests in order for the
Department to carry out its role in facilitating Award distributions in accordance with federal
guidelines.
8. Declined Awards
If the Department receives notification from an NEU that it would like to decline its funding
allocation and transfer funds to the State under Section 603(c)(4) of the Act, Treasury will consider
this action as a cancellation of the award on the part of the eligible NEU and a modification of the
award to the State of Alaska. To decline an Award, the NEU must provide a signed notice to the
Coronavirus Local Fiscal Recovery Fund Agreement-Appendix C Agreed Terms CFDA#21.027 Page 2 of 3
Department. The Department must then transmit the notice to Treasury as part of its interim report
due August 31,2021 (or as part of a subsequent report,if applicable).
If the NEU does not provide such notice,it will remain legally obligated under the award with respect
to accounting for the uses of the funds and the reporting on such uses. Treasury has indicated that it
will provide a standard notice form that will be required for this use; however, the standard notice is
unavailable as of July 1,2021. In the interim,NEUs are instructed to utilize the Department's prepared
form,which is available upon request.
9. No Additional Conditions or Requirements
The Department may not impose additional conditions or requirements on distributions to NEUs,
beyond those permitted by American Rescue Plan Act, the Interim Final Rule, and Treasury's
guidance. For example, the Department may not impose stricter limitations than permitted by statute
or Treasury regulations or guidance on an NEU's use of funds based on the NEU's proposed spending
plan or other policies.The Department may not offset any debt owed by the NEU against the NEU's
distribution or provide funding on a reimbursement basis.
10. Reporting
As prime recipients of the Award, NEUs are required to report to Treasury on the use of funds on
the forms and by the dates provided by the United States Department of the Treasury. The
Department will provide NEUs with the reporting guidance provided by Treasury, which is
forthcoming.
The Department shall keep records and submit information on allocations and distributions to NEUs
with the State of Alaska's periodic reports to Treasury.
11. Controlling Documents; New& Revised Treasury Guidance
In the event of inconsistency between these Agreed Terms and either the (a) Award Terms and
Conditions (Appendix A), or (b) the American Rescue Plan Act, Interim Rule, and guidance
documents issued by Treasury,as amended from time to time (collectively"Controlling Documents"),
the requirements of the Controlling Documents shall supersede any requirement provided herein.
Should Treasury issue any new or revised guidance documents after the effective date of this
Agreement, the Department will adjust its procedures as needed to comply with the new or revised
guidance and will communicate any such changes with NEUs.
12. Ongoing Assistance
The Department is available to provide ongoing assistance to NEUs for the NEU's compliance
requirements to Treasury. NEUs should review Section 603 of the Social Security Act, Treasury
guidance documents (available on Treasury's website), including fact sheets and regularly updated
FAQs.
Please route all inquiries regarding ARPA NEU awards to DCRA.ARPA(cl�,alaska.gov.
Coronavirus Local Fiscal Recovery Fund Agreement-Appendix C Agreed Terms CFDA#21 027 Page 3 of 3
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury,the
recipient named below(hereinafter referred to as the"Recipient")provides the assurances stated herein. The
federal financial assistance may include federal grants, loans and contracts to provide assistance to the
Recipient's beneficiaries,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 assurances apply to all federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's
program(s) or activity(ies)is federally assisted in the manner prescribed above.
1. Recipient 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. Recipient 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).Recipient
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, Recipient shall initiate reasonable
steps, or comply with the Department of the Treasury's directives,to ensure that LEP persons have
meaningful access to its programs, services, and activities. Recipient 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 the Recipient's programs,
services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons when Recipient 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.
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued
receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees,
and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors,
successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the
following language in every contract or agreement subject to Title VI and its regulations between the
Recipient and the Recipient's sub-grantees, contractors, subcontractors, successors,transferees, and
assignees:
The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title
VI of the Civil Rights Act of 1964, which prohibits recipients 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 implemented by the
Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by
reference and made apart of this contract(or agreement). Title VI also includes protection to persons
with "Limited English Proficiency"in any program or activity receiving federal f nancial assistance, 42
US.C. §2000d et seq., as implemented by the Department of the Treasurys Title VI regulations, 31
CFR Part 22, and herein incorporated by reference and made apart of this contract or agreement.
6. Recipient 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 the Recipient,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 Recipient for the period during which it retains ownership or possession of the property.
7. Recipient 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. The Recipient
shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Recipient 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. Recipient
also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance
of Title VI and efforts to address the non-compliance, including any voluntary compliance or other
2
OMB Approved No. 1505-0271
Expiration Date: November 30,2021
agreements between the Recipient and the administrative agency that made the finding. If the Recipient
settles a case or matter alleging such discrimination, the Recipient must provide documentation of the
settlement. If Recipient has not been the subject of any court or administrative agency finding of
discrimination,please so state.
10. If the Recipient makes sub-awards to other agencies or other entities,the Recipient is responsible for
ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this
document State agencies that make sub-awards must have in place standard grant assurances and review
procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-
recipients.
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 in order to address violations of this document or applicable federal law.
Under penalty of perjury,the undersigned official(s) certifies that official(s)has read and understood the
Recipient's obligations as herein described, that any information submitted in conjunction with this assurances
document is accurate and complete, and that the Recipient is in compliance with the aforementioned
nondiscrimination requirements.
CITY OF SEWARD 7/28/21
Recipient Date
Signature Authorized Official
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S.Government to process requests for support.The estimated burden associated with
this collection of information is 30 minutes per response.Comments concerning the accuracy of this burden estimate and suggestions
for reducing this burden should be directed to the Office of Privacy,Transparency and Records,Department of the Treasury, 1500
Pennsylvania Ave.,N.W.,Washington,D.C.20220.DO NOT send the form to this address.An agency may not conduct or sponsor,
and a person is not required to respond to,a collection of information unless it displays a valid control number assigned by OMB.
3
Appendix E
-c"'VI
Total NEU Budget Certificate
NEU must provide the Department with a Total NEU Budget (defined as an NEUs total annual
budget,including both operating and capital expenditure budgets,in effect as of January 27,2020) or
Top-Line Expenditure Total(permitted in exceptional cases in which an NEU does not adopt a formal
budget) in order for the Department to initiate payments.
The Total NEU Budget or Top-Line Expenditure Total may be provided with the ARPA Resolution
Accepting Funds, upon execution of this Agreement, or as otherwise agreed by NEU and the
Department.
NEU hereby certifies that(1)it has provided the Department with a Total NEU Budget or Top-Line
Expenditure Total, and (2) that the Total NEU Budget or Top-Line Expenditure Total provided is
accurate.
NEU Name: CITY OF SEWARD
Sign4�e of Authorized Representative
CITY MANAGER
Title:
7/28/21
Date:
Coronavirus Local Fiscal Recovery Fund—Appendix E NEU Total Budget Certificate CFDA#21.027