Loading...
HomeMy WebLinkAbout2021.08.09 Council Special Meeting Packet AGENDA City Council Special Meeting 7:00 PM - Monday, August 9, 2021 City Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council Special Meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco- wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen-only" mode is: (562) 247-8422 and use access code 465-398-545. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. NEW BUSINESS 3 - 10 (a) *Resolution - American Rescue Plan Act (ARPA) Funds for Utility Assistance Program & Agreement with Basin Disposal Inc. MOTION: I move to approve Resolution No. 4085, approving an agreement with the Basin Disposal Inc. of Franklin County for the Utility Assistance Program with American Rescue Plan Act funds. 5. ADJOURNMENT 6. ADDITIONAL NOTES This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. Page 1 of 10 (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 2 of 10 AGENDA REPORT FOR: City Council July 1, 2021 TO: Dave Zabell, City Manager City Council Special Meeting: 8/9/21 FROM: Richa Sigdel, Finance Director Finance SUBJECT: *Resolution - American Rescue Plan Act (ARPA) Funds for Utility Assistance Program & Agreement with Basin Disposal Inc. I. REFERENCE(S): Resolution Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ______, approving an agreement with the Basin Disposal Inc. of Franklin County for the Utility Assistance Program with American Rescue Plan Act funds. III. FISCAL IMPACT: General Fund (ARPA Funds) Utility Services - $110,000 IV. HISTORY AND FACTS BRIEF: As background, on March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (ARPA, HR 1319) to provide federal funding relief for American workers, families, industries, and state and local governments. The Act provides over $350 billion to states, counties, tribal governments, territories, and cities, with a total of $17,464,312 allocated to the City of Pasco in two equal installments during the calendar years 2021 and 2022. The City received $8,732,156 as the first allocation on June 8, 2021, with the remainder of funds to be dispensed within the next 12 months and little in the way of specific guidance as to its use and the eligibility requirements for sub - recipients. Unlike the short window for use of the CARES Act monies in 2 020, ARPA funds must be utilized or obligated prior to December 31, 2024, and if obligated in a timely manner, utilized by December 31, 2026. Page 3 of 10 The City of Pasco Council previously approved utility assistance for electric, water, sewer, stormwater, irrigation, and ambulance services provided by the City of Pasco and Franklin PUD on July 12, 2021 as well as a business assistance program for those businesses adversely impacted by the COVID-19 pandemic. Final guidance on the specifics uses and requirements r elating to the ARPA funds were issued on July 19th, since that time the City and selected vendor assisting the City on the business assistance program have been finalizing materials to reflect the guidance, conferring with federal officials and the City Attorney’s office, readying the necessary systems for success, and creating outreach materials. The application period for the business assistance program opens on August 16, 2021. The utility assistance program is already accepting applications with more than 600 applications currently being processed. As with the CARES and CARES CBDG programs, the new ARPA programs needed to be developed from scratch. City staff and our partners (FCPUD for utility assistance, Pasco Chamber for business assistance) have invested considerable effort to develop these programs in a way that meets the Council’s policy direction, applicable federal guidelines, are workable, inclusive, and easy to navigate for the ultimate aid recipients, and will result in a clean audit trail. V. DISCUSSION: The longer spend-down window for ARPA funds noted above provides the Council time to develop a well-thought-out allocation plan for use of ARPA dollars, and the flexibility to address immediate needs within the community. With respect to the utility assistance program, an additional need has emerged for our residential and business users. Basin Disposal Inc. is a private entity providing residential and commercial waste collection services to City residents and businesses. Basin Disposal Inc. has provided staff with delinquencies for accounts within the city limits. Staff is proposing that City provide up to $110,000 to Basin Disposal Inc. to assist qualified City residents and businesses with their solid waste expenses. The assistance program would follow guidelines similar to existing utility assistance with exception of future credit. Staff recommends that the utility assistance program with Basin Disposal Inc. include assistance to delinquent accounts that have been adversely impacted due to the pandemic. Staff recommends approval of the resolution as presented. Page 4 of 10 Resolution – ARPA Funding & Agreement with BDI - 1 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING AN AGREEMENT WITH THE BASIN DISPOSAL INC. 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 States Department of Treasury released its interim final guide on allowed uses of funds and allocated $350 billion for state, local, territorial, and Tribal governments from the ARPA 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 solid waste services are integral part of public health and safety of our residents. 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 Basin Disposal Inc. of Franklin County, a copy of which is attached hereto, and incorporated herein by reference as Exhibit A, for the implementation of 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. Page 5 of 10 Resolution – ARPA Funding & Agreement with BDI - 2 Adopted by the City Council of the City of Pasco, Washington this ___ day of August, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 6 of 10 ARPA Agreement – Basin Disposal Inc 1 AMERICAN RESCUE PLAN ACT AGREEMENT Between City of Pasco and Basin Disposal Inc. 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. 3rd Ave., Pasco, Washington 99301 (hereinafter “City”), and Basin Disposal Inc, a private solid waste utility with its principal address at 2021 N Commercial Ave, 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 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. 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 follow established guidelines to ensure that the ARPA Funds requests are necessary and eligible reimbursements and satisfy the grant eligibility criteria as follows: i. Applicant must be listed on account. ii. Service Address must be within the Pasco city limits. iii. Applicant must attest to financial impact from COVID-19. iv. Applicant must attest that delinquent debt has not been used to qualify for other Federal and State grants. v. Qualifying debt must meet the following criteria: a. Acquired during the pandemic (post 03/2020). b. Must be delinquent. Page 7 of 10 ARPA Agreement – Basin Disposal Inc 2 3. COVID-19 Reimbursement Request Support. To facilitate the City’s seeking reimbursement of ARPA funding, the Subrecipient will submit an A-19 equivalent report to the City, on a quarterly basis, detailing the utility assistance grants disbursed by the Subrecipient. Such schedule may be modified with the prior approval of the City. Failure 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 $110,000 within 28 days of submittal of a request for reimbursement and A-19 equivalent report. 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. Compliance 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: Page 8 of 10 ARPA Agreement – Basin Disposal Inc 3 Subrecipient Basin Disposal Inc Attn: Rebecca Francik 2021 N Commercial Ave Pasco, WA 99301 11. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or will be 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. 14. Governing Law; Venue. The Agreement will be governed in all respects by the laws of the Washington State, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Franklin County, Washington or as provided by RCW 3.66 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. Binding Effect. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 17. Assignment. 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-Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to the US Department of Treasury in connection with the use of ARPA funds, including the Page 9 of 10 ARPA Agreement – Basin Disposal Inc 4 obligations to provide access to records and cooperate with audits as provided in this agreement. 20. Severability. In the event that one or more provisions of this agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 21. Counterparts. This agreement may be executed in one or more counterparts, any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 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 Rebecca Francik, Government Relations City of Pasco Basin Disposal Inc Dated: _____________________________ Dated: _____________________________ ATTEST: __________________________________ Debra Barham, CMC City Clerk APPROVED AS TO FORM: __________________________________ Kerr Ferguson Law, PLLC City Attorney   Page 10 of 10