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HomeMy WebLinkAboutFranklin PUD - ARPA Funding Agr for Utility Assistance Program 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. 3Td Ave., Pasco, Washington 99301 (hereinafter "City"), and the Public Utiliry 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, ihe United State Department of Treasury released interim final guide on allowed uses of funds and allocated $350 billion for state, local, territorial, and Triba! governments from the American Rescue Plan Act Fund;and WHEREAS,the City received$8,732,l 56 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 utitity 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 af the Utility Assistance Program that are not available to the Ciry 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 nccessary and eligible reimbursements and satisfy the grant eligibility criteria. 3. COVID-19 Reimbursement Request Support. To facilitate the Ciry'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 Frankliai County i ` � y ;� > _ .�� ,., . �7 ._. �9.,. .. . ,..... . _ . :�,-=' . , ..i.;. >..r,. .,.. . , .. t Z.�ui"td au . � � '� �, +�.+ » ,.. i . _.� ,t... ... . ��,. ...,. 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 $1,000,00� within 28 days of submittal of a request for reimbursement and A-19 equivalent report. Subrecipient will allocate $500,000 of the funds for ❑tility 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. Eacli 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 einployee 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. lndemnification. The Subrecipient agrees to defend, indemnify and hold the City, its officers, officials,enYployees, agents and volunteers harmless from and against any and all claims, iujuries,damages,losses or expenses including without limitation personal injury,bodily injury,sickness,disease,or death, or damage to or destruction of property,which are alieged 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. Coinpliance 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 sliall maintain records, books, documents, and other materials relevant to its performance under this agreement. These records sl�all be subject to inspection, review and audit by the City or its designee, the Washington State Auditor's Of�ce and Program Guidelines for seven(?)years following terniination of this agreement. If it is detennined during the course of tl�e 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 pariy 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 Dishict#1 of Franklin County ARPA Agreement—Public Utility District#1 of Fra�ildin County 2 . . ,. ,, ., .�a , ` ,�, < _. . :. . _ . �� ..,... ,r�. .� :�> . .. i,Kx,_. , ., ,.. , , _ .. „ . _.i�, __4 Attn: Scott Rhees PO Box 2407 Pasco,WA 99302 I 1. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent c�mpensation 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 tl�e priar 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 36.01.050. 15.Non-Waiver.No failure on the part of the City t�exercise,and no delay in exercising,any right liereunder shall operate as a wavier thereof;nor shail any single or partial exercise by the City of any right l�ereunder 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. Assignment. The subrecipient shali 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 tl�e US Department of Treasury in connection wit11 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 'Yt.[nln...r. „� �:A ���'�'. �. ...'�'' ..,._.�:5.� .f��, .a::.Z ,:.:�...: r.� .. ;'i< .$a,,i.,, r f?ti'.:e��5 .,hz"�qs. ti .;t+' s .�,2(k.� _...w,,.3. `'..vi3 . -. .. .. .. . ... . . .. . .. .. . . . . 1 . . 20. Severabilitv.In the event that one or more provisions of this agreement shall be determined to be invalid by any court vf 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. .,-- . �_ J �� / C1r e.c,o��'. Dave abell, i Manager Scott � ees eneral anager City f Pasco �.�Rw l�. u��� Franklin County PUD �-�`.`�'- � Dated: �(�{; � Dated: "�� �4" � ��� � ATTEST: ��'�: ���-- Debra Barham,CMC City Clerk APPROVED AS TO RM: Kerr F� son Law,PLLC Cit �ttorney ARPA Agreement-Public Utility District#1 of Franklin County 4 ..x.: �->. ..��. ... ...,:, :,,�_,- ,.ya ,.. . �- ,.��, ...�.. v *a , ;: ;,?