HomeMy WebLinkAbout4076 Resolution - ARPA Funding for Utilities & Agreement with Franklin County PUD RESOLUTION NO. 4076
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
APPROVING AN AGREEMENT WITH THE PUBLIC UTILITY
DISTRICT No. 1 OF FRANKLIN COUNTY FOR THE UTILITY
ASSISTANCE PROGRAM WITH AMERICAN RESCUE PLAN ACT
FUNDS.
WHEREAS, on March 11, 2021, the American Rescue Plan Act (H.R. 1319), § 4001,
("ARPA") was signed into law providing federal funding relief for American workers, families,
industries, and state and local governments; and
WHEREAS, on May 10, 2021, the United State Department of Treasury released interim
final guide on allowed uses of funds and allocated $350 billion for state, local, territorial, and
Tribal governments from the American Rescue Plan Act Fund; and
WHEREAS,the City received$8,732,156 of its$17,400,000 in allocation on June 8,2021;
and
WHEREAS, the City desires to allocate portions of the ARPA Funds to City of Pasco
residents experiencing severe financial hardship due to COVID-19 emergency that need utility
payment assistance to avoid utility disconnect and thereby endanger the health and well-being of
such impacted residents,with such allocation of funds to be consistent with the grant requirements;
and
WHEREAS, the City has determined that partnering with Franklin PUD would yield
efficiencies in time and process in the implementation of the Utility Assistance Program that are
not available to the City alone.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Be It Resolved that the City Manager of the City of Pasco is hereby authorized,
empowered, and directed to execute American Rescue Plan Act Agreement with the Public Utility
District No. 1 of Franklin County for the implementation, the Utility Assistance Program for the
duration of the Agreement; and to take all necessary steps required to complete this Agreement.
Be It Further Resolved that this Resolution shall be in full force and effect upon
adoption.
Resolution—APRA Funding Agreement with Franklin PUD- 1
Adopted by the City Council of the City of Pasco, Washington this 12th day of July, 2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
� � r��
Debra Barham, CMC Kerr guson Law, PLLC
City Clerk ' Attorney
Resolution—APRA Funding Agreement with Franklin PUD-2
EXHIBITA
AMERICAN RESCUE PLAN ACT AGREEMENT
Between City of Pasco
and
Public Utility District#1 of Franklin County
THIS AGREEMENT is made and entered into by and between City of Pasco, a
municipality within the State of Washington, with its principal offices at 525 N. 3`a Ave., Pasco,
Washington 99301 (hereinafter "City"), and the Public Utility District #1 of Franklin County, a
Washington State public utility with its principal address at 1411 W. Clark St., Pasco Washington
99301 (hereinafter"Contractor").
WHEREAS, on March 11, 2021, the American Rescue Plan Act (H.R. 1319), § 4001,
("ARPA") was signed into law providing federal funding relief for American workers, families,
industries, and state and local governments; and
WHEREAS, on May 10, 2021,the United State Department of Treasury released interim
final guide on allowed uses of funds and allocated $350 billion for state, local, territorial, and
Tribal governments from the American Rescue Plan Act Fund; and
WHEREAS,the City received$8,732,156 of its$17,400,000 in allocation on June 8,2021;
and
WHEREAS, the City desires to allocate portions of the ARPA Funds to City of Pasco
residents experiencing severe financial hardship due to COVID-19 emergency that need utility
payment assistance to avoid utility disconnect and thereby endanger the health and well-being of
such impacted residents,with such allocation of funds to be consistent with the grant requirements;
and
WHEREAS, the City has determined that partnering with Franklin County PUD would
yield efficiencies in time and process in the implementation of the Utility Assistance Program that
are not available to the City alone.
1. Effective Date and Term. This Agreement shall commence when last executed by all
parties and remain in effect until September 30, 2024, unless terminated by the City in
writing.
2. Subrecipient's Use of ARPA Funds. The Subrecipient shall ensure that the ARPA Funds
requests are necessary and eligible reimbursements and satisfy the grant eligibility criteria.
3. COVID-19 Reimbursement Request Sup�ort. To facilitate the City's seeking
reimbursement of ARPA funding,the Subrecipient will submit an A-19 equivalent report
to the City, on a semi-annual basis, detailing the utility assistance grants disbursed by the
Subrecipient. Such schedule may be modified with the prior approval of the City. Failure
ARPA Agreement—Public Utility District#1 of Franklin County 1
to provide any of the required documentation may result in termination of the agreement
and no reimbursement of funds paid to the subrecipient by the City.
4. ARPA Funds.The City agrees to reimburse the subrecipient a total sum not to exceed
$1,000,000 within 28 days of submittal of a request for reimbursement and A-19
equivalent report. Subrecipient will allocate $500,000 of the funds for utility services
provided by City of Pasco and $500,000 for utility services provided by Franklin PUD.
5. Termination. The City may terminate this Agreement, for convenience or otherwise and
for no consideration or damages, upon prior notice to the Subrecipient.
6. 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 Subrecipient shall not be, or be deemed to be, or act
or purport to act, as an employee, agent, or representative of the City for any purpose.
7. Indemnification. The Subrecipient agrees to defend, indemnify and hold the City, 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 Subrecipient,its officers,
directors,employees,and/or agents relating to the subrecipients' performance or failure to
perform under this agreement. The section shall survive the expiration or termination of this
agreement.
8. Comnliance with Laws.Guidelines. The Subrecipient shall comply with all federal, state,
and local laws and all requirements (including certifications and audits) and Program
Guidelines,to the extent applicable,when seeking reimbursement.
9. Maintenance and Audit of Records. The subrecipient 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 City or its designee, the
Washington State Auditor's Office and Program Guidelines for seven(7)years following
termination of this agreement. If it is determined during the course of the audit that the
subrecipient was reimbursed for unallowable costs, the subrecipient agrees to promptly
reimburse the City for such payments upon request.
10. 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:
Subrecipient
Public Utility District#1 of Franklin County
ARPA Agreement—Public Utility District#1 of Franklin Count}� 2
Attn: Scott Rhees
PO Box 2407
Pasco, WA 99302
11. ImRroper 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.
12. 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.
13.Amendment. No amendment or modification to the Agreement will be effective without
the prior written consent of the authorized representatives of the parties.
]4. Governin�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
Franklin County, Washington or as provided by RCW 36.01.050.
15.Non-Waiver.No failure on the part of the City 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 City 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 City at law or in equity.
16. Bindin� Effect. This agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors.
17. Assi�nment. The subrecipient shall not assign or transfer any of its interests in or
obligations under this Agreement without the prior written consent of the City.
18. Entire Agreement. This agreement constitutes the entire agreement between the City and
the subrecipient 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.
19. No Third-Partv 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 US
Department of Treasury 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.
ARPA Agreement—Public Utility District#1 of Franklin County 3
20. Severabilit��. 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.
21. Counterparts. This agreement may be executed in one or more counterparts, any ofwhich
shall be deemed an original but all of which together shall constitute one and the same
instrument.
22. 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.
IN WITNESS WHEREOF,the parties have caused this Agreement to the signed by their
duly constituted legal representatives and is effective on the last date signed.
Dave Zabell, City Manager Scott Rhees, General Manager
City of Pasco Franklin County PUD
Dated: Dated:
ATTEST:
Debra Barham, CMC
City Clerk
APPROVED AS TO FORM:
Kerr Ferguson Law, PLLC
City Attorney
ARPA Agreement—Public Utility District#1 of Franklin County 4
Household Information&Eligibility Form
Instructions:Use this form to screen and document household eligibility.
Customer Information
Name: Date:
Service Address:
#of people in household: ❑1-3 ❑3-5 ❑5-7 ❑7+
Please answer ALL questions below:
Arty of the foilowing eligibility criteria can be"seff-certified/stated"by the household
1. Please SELK7 one of the follpwing apEions:
O No Income
❑Reduced Inco�ne
CI Other-Please explaln 6elow:
2. Type of assistance requested:
�Pay-off accouni balance
0 Receive credit for future utility bills�up to$200)
PROGRAM GUIDELINE
1) Each account is eligible to drew funds once during the grant period.Funding is distributed on a first come first serve basis.
2) Credits received via grant funds cannot be refunded to account owner in future.
CERTIFICATION OF FINANCIAL HARDSHIP
The undersigned hereby certify and attest that:
i) Because of the loss of income and/or increase in expense described above,the household cannot pay the utilities due and have enough money left to pay for
rent,food,medical and related expenses,health insurance premiums,childcare,and job-related transportation expenses.
2) The non-payment of utilities due is caused by a financial impact from COVID-19 as described above.
3) The household has paid utilities,to the extent it can,considering the financial hardship(s)noted above.
4) The information provided in this form is a true and accurate statement of the financial hardship the household has experienced related to COVID-19.
5) The amount requested has not been used as a basis for reimbursement from other Federal and State grants.
(►f you sign ihis form,oR of the above statemen ts must be true.)
SIGNATURES
This document is a formal application for utility debt relief through American Rescue Plan Act(ARPA),the limited purposes identified in the Interagency Agreements
between the US Department of?reasury,City of Pasco,and Public Utility District No.i of Franklin County.If it is determined during the course of any subsepuent
audit by the PUD,City of Pasco,or the United States Government,that the utility customer was not entitled to any American Rescue Plan funds that they received
either in error or by false attestation,the customer will promptly reimburse the PUD for such payments upon request or have the amount added to their utility
account balance.
I SWEAR UNDER PENALTY OF PURJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
SIGNED AND ATTESTED AS TRUE,as of the date set forth below:
Signature:
Printed Name: Date:
For Official Use Only:
Signature of Approval: Date:
Informacion de Hogar y Formulario de Elegibilidad
Instrucciones:Utilice este formulario para examinar y documentar la elegibilidad del hogar.
Informacibn del Cliente
Nombre: Fecha:
DirecciGn de Servicio:
�depersonasenellrogar: ❑i-3 ❑3-5 ❑5-7 ❑7+
Por favor responda TODAS(as preguntas a continuaci8n:
Cualquiera de!os siguientes criterios de elegi6ilidad puede ser por"certificpci6n proFria/declarndo"par e!hogar.
1. Por favor SELECCIONE una de fas siguientes opciones:
❑Sin ingresos
❑ingresos Reducidos
❑Otro—Por favor explique a confinuocibn:
2, Tipc de asistenc3a solicitado:
4�Pagar el saido de la cuenta
❑Recibir cr�dito para futuras facturas de servicios publicos(hasta$200)
dBRECTRE�DEL PROGEtAEYIA
1) Cada cuenta es eligible para retirar fondos una vez durente el perfodo de la subvenci6n.Los fondos se distribuyen por orden de Ilegada.
2J Los cr�ditos recibidos a traves de fondos de subvencidn no se pueden reembolsar al propietario de la cuenta en el futuro.
CERTIFICAC16N DE DIFICULTAD FINANCIER,4
AI�rmar usted certifica y atestigua lo siguiente:
1) Debido a la p�rdida de ingresos y/o aumento en los gastos indicados anteriormente,el hogar no puede pagar por los servicios de utilidades adeudadas y tener
suficiente dinero para pagar el alquller,alimentos,gastos m@dicos, primas de seguro m�dico,cuidado de ni"nos y gastos de transporte relacionados con el
trebajo.
2) La falta de pago de los servicios de utilidad adeudadas es debido al impacto financiero de COVID-19 como se indicb anteriormente.
3) EI hogar ha pagado los servicios de utilidad parcialme�te,a la medida que ha sido posible,teniendo en cuenta las dificultades financieras indicadas
anteriormente.
4) La informacion proporcionada en este formulario es una declaracibn verdadera y precisa de las dificultades financieras que el hogar ha experimentado
relacionadas con el COVID-19.
5) La cantidad solicitada no se ha utilizado como base para el reembolso de otras subvenciones federales y estatales.
(Si firma este formulorio,todas las declaraciones anteriores deben ser verdaderas.J
FIRMAS
Este documento es una solicitud formal para el alivio de la deuda de servicios publicos a traves de la Ley del Plan de Rescate Americano(ARPA�,los propdsitos limitados
identificados en los Acuerdos Interegenciales entre el Departamento del Tesoro de EE.UU.,La Ciudad de Pasco y el Distrito de Servicios PGblicos No.1 del Condado de
Frenklin.Si se determina durante el curso de cualquier auditoria posterior por parte del PUD,la ciudad de Pasco o el gobierno de los Estados Unidos,que el cliente
de servicios publicos no tenia derecho a ningun fortdo del American Rescue Plan que recibiG por error o por una declaracidn falsa,el EI cliente reembolsara sin
demore al PUD por dichos pagos cuando lo solicite o se le agregari la cantidad al saldo de su cuenta de servicios publicos.
1UR0 BAJO PENA DE PERJURIO BAlO LAS LEYES DEL ESTADO DE WASHINGTON QUE LO ANTERIOR ES VERDADERO Y CORRECTO A MI MEJOR CONOCIMIENTO
Y CREENCIA.
FIRMADO Y ATESTADO COMO VERDADERO a partir de la fecha que se establece a continuacidn:
Firma:
Nombre en letra de molde: fecha:
For Official Use Only:
Signature of Approval: Date: