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Home My WebLink AboutBasin Disposal Inc. - ARPA Funding Agr for Utility Billing Assistance Program 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. 3�d 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 1l, 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. l. 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. ARPA Agreement—Basin Disposal Inc 1 3. COVID-19 Reimbursement Reauest 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 documeiltation 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 expeiises 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 tennination 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 detern�ined 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: ARPA Agreement—Basin Disposal Inc 2 Subrecipient Basin I�isposal 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. 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 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. Bindin E�. 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 ARPA Agreement—Basin Disposal Inc 3 obligations to provide access to records and cooperate with audits as provided in this agreement. 20. Severabilitv. 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. L/��""� /� ��-" � . Dave ell, City Manager ' , ernmen e a ion City f Pasco �M /�• �,�,,,r��c, Basin Disposal Inc ��-�� -�'�� 0'L/w r�-G{� 'L..w«� �� Dated: _ �dl �,' �2� Dated: August 16th, 2021 AT�ST: � '� ��_ Debra Barham, CMC City Clerk APPROVED AS TO FORM: Kerr Fer= �on Law, PLLC Cit torney ARPA Agreement—Basin Disposal Inc 4