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HomeMy WebLinkAboutPasco Chamber of Commerce - ARPA Funding Agr for Business Support Program Exhibit A to Resolutiot� AMERICAN RESCUE PLAN ACT AGREEMEVT Between City of Pasco and Greater Pasco Area Chamber af Commerce THIS AGREEMENT is made and entered into by and between C[TY of Pasco, a municipality within the State of Washington, with its principal offices at 525 N 3rd Ave, Pasco, Washington 99301 (hereinafter "CITY"), and the Greater Pasco Area Chamber af Commerce, a Wast�ington non-profit corpot�tion with its principal address at l I 10 Osprey Pointe Boulevard, Suite 101, Pasco WA 99301 (hereinafter"C�NTRACTOR") WHEREAS, on March I l, 2021, the American Rescue Plan Act (H,R. 1319), § 4001, ("ARP�1") was signed into lav,r prpviding Federal F�u�ding relief for American workers, families, industries, and state and local�overnments; �nd WHEREAS, on May 10, 2021, the United 5tate Department of Treastiry released an interim finai guide on allowed uses of fuuds and allocated $350 biliion for state, local, territorial, and Tribal governments from the American Rescue Plan Act Fund; and WHEREAS, tiie City received $8,732,156 of its $17,400,000 in allocation on June 8, 2021; and WHEREAS, the City desires to a�iocate a sti►bstantial portion oF its share of the ARPA Fund �[lncation to the "ARPA Business Support Progr�m" to assist s�nall businesses and i�on- profit organizations within the City of Pasco that have suFfered negative economic impacts as a result of the COVID-19 public health emergency; and WHEREAS, under section 602(c)(3.) of ARPA, the Ciry may transfer funds to a private nun-profit entity for the purpose of ineeting ARPA's goals; and WI�EREAS, thC City has determined that engaging t�s�ith Contractor would ,�ielcl efficiencies in time attd proc�ss in the development and impiementation of the Business Supp�tK Prograrn that are nc�t available to the City alone. NOW THEREFORE, in consideration of the mutual benefits and covenants contained hereiu, the parlies agree as follows: l. Con[rflet Documents. This Agreement consists of this Agreement and the following attached Exhibit A, �vhich is incorporated herein by this referenec. 2. Duratioce af Concract. The tenn of this Agreement shall begin when executed by both parties aud shall expire on September 30, 2024. ARPA Agreement—Greater Pasco Area Chamber of Comcnerce- I 3. Services Provided. Contractor shall perform ARPA grant itnplementation, education, and portal creation functions and services for the City for the duration of the Agreement, as detailed in the Scope of Work and made part of this Agreemeut. All City funds provided under this Agreeinent shall be used for the purposes of fttnding the ARPA Act Business SupportProgram totaling $1,000,000. 4. Co�tract Re resentatives, The parties' representatives are as follows: For Contractor Colin Hastings, Cxecutive Director Pasco Chamber of Commerce 1110 Osprey Pointe B1vd., Sttite 1010 Pasco, WA 99301 For City: Da�id K. Zabell, City Mana�er City of Pasco 525 N. 3"�Ave. Pasco, WA 99301 A party may change its representative by providing prompt written notice to tlle other party. 5. Compensation stnd tnvoicin,�. The parties acknowledge that Federal fimding, passed through the City, is made available to support Contactor personnel in their work on ARPA Business Support Program development and implementation of services described in this Agreement. To compensate Contractor for the work to be performed under this agreement, the City agrees to pay the Contractor tl}e amount that is 15% to 2U% of the contract amount. The Contractor shall submit an invoice to the City oii a quarterLy basis, Contractor shall provide the City with the necessary information to meet the City's reporting requirements to the US Department of Treasury. These include maintaining adequate records to demonstrate funds are utilized in accordance with the purposes of ARPA, along with the recipient, amount, and datc of transfer. The City may request additional information, as needed, to meet Treasury guidelines. No invoices may be submitted after October 31, 2024. The City shall make payments within twenty-eight�23) days of receipt of the invoice from the Contractor. 6. Amcndmcnt and Chan es in Work. No amendment, modification, or t•enewal of this j Agreement shall be effective, unless set fortl� in a written ainendment signed by both parties. 7. Hold Hartt�less and Indern�ification. 7.l The Contractor shall hold harinless, indemnify, and defend the City and its officers, officials, employees and agents fi•om and against any and all claims, actions, suits, liabilities, iosses, expenses, damages, and judgements of any nature whatsoever, including reasonable costs and attorney's fees in defense thereof, for injury, sickness, disability, or death to persons or damage to property or business, ARPA Agreement—Greater Pasco Area Chamber of Commerce-2 arising in connection with the work performed under this Contract, or caused or occasioned in whole or in part by reason of the presence of the Contractor, or its subcontractors or their property upon or in proximity of the property of the City. Provided, that the Contractor's obligation heret►nder shall not extend to the injury, sickness, death, or damage caused by or arising out of the sole negligence of the Ciry or its officers, officials, employees, or agents, 7.2 In any and all claims against the City and its officers, officials, employees, and ageuts by any employee of the Contractor, any subcontractor, anyone directiy or indirectly employed by any of them, or anyone for whose acts auy of them may be liable, tlze indemnification obligation under this section shall not be limited in any way by any limitation on the anlount or type of damages, compensation, or benefits payable by or for the Contractor or subcontractor under Workers Compensation acts, disabi[ity benefits acts, or other employee be�lefit acts, it being c2early agreed and understood by the parties hereto lhat the Contractor expressly waives any immunity tha Contractor migllt have under such laws, including but not limited to Ti[le 51 of the Revised Code of �7Vashington. By executing this Contract, the Contractor acknowledges that the foregoing waiver has been mutually negotiated by the parties and hat the provisions of this sectio�l shall be incorporated, as relevant, into any contract the Contractor makes with any subcontractar or agent performing work hereui�der. Contractor obligations under this Section 7 shall survive termination and expiration of this Contract. 7.3 The Contractor's obligations hereunder shall include, but are not limited to, investigating, adjusting, and defending all claims alleging loss from action, error, or omission, ur breach of any common law, statutory, or other delegated duty by the Contractor, or the Contractor's employees, agents, or subcontractors. 8. Insurance. 8.1 Workers Compensation: Contractor shall comply with all Washington State Vb'orkers Compensation laws. Except as prohibited by law, Contractor waives �11 right of subrogation against the City for recovery of damages to the extent they are covered by workers compensation, employer's liability, commercial liability or commercial umbrella liability insiirance. 8.2 Commercial General Liability [nsurance: Contractor shall maintain commercia] �eneral liabili�y cuverage for bodily inJttry, personal injury and property damage, subject ta limits of not less than two inillion dollars ($2,000,000) per occurrence. The general aggregate limit shall apply separately to this Contract and be no less than two itlillion dollars {$2,000,000}. Contractor shall provide certificate of such insurance to City's representative prior to start af work, with City as Certificate �-tolder. 8.3 Verification of Coverage and Acceptabitity of Insur�ers: All insurance required under this Contract shall be issued by cornpanies admittcd to do business witl�in ARPA Agreement—Greater Pasco Area Chamber of Commerce -3 the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of BesYs Reports. 9. Termination. The City may terminate this Contract in whole or in part whenever the City detennines, in its sole discretion that such tern�ination is ii7 the best interests of the City. The City may tenninate this Contract upon giving (10) days written noticed by certified mail to the Contractor. In that event, the City shall pay the Contractor for invoices previously submitted in accordance with this Agreement and a pro-rata payment for the portion of the month for which services were rendered prior to the date any such tennination is effective. 10. Com �ianee w�th Laws. The Contractor, shall comply with all applicable federal, state, and local laws> rules and regulations in performing this Agreement, including, but not li�nited to, prevailing wage laws. 11. Nondiseriminatipn. The Contractor, its assignees, delegates, or subcontractors shall not discriminate against any person in the performance of any oF its obligations hereunder on the basis of race, color, creed, religion, national origin, age sex, marital statiis, veteran status, or the presence of any disability, l2. Dist�utes. Differences over the Contractor's perforntance wiil be promptly addressed in writing by the aggravated party in order that such matters may be sett[ed, or otl�er appropriate action promptly taken. Any dispute relating to the quality or accepta6ility of performance and/or compensation due the Contractor shall be decided by the City's Contract Representltive or designee. All rulings, orders, instructions, and decisions of the City's Contract Representative shall be final and conclusive, subject to Contractor's right to seek judicial relief. Prior t� seeking,judicial rclief, the parties agree to meet in good faith to discuss and attempt to resolve any issues. In the event the parties are unable to reach an agreement on the dispute, the parties agree to submit their dispute to binding arbitration pursuant to the Uniform Arbitration Act RCW 7.04A, et seq. Venue shall be Franlclin County Superior Court, and the parties agree that the laws uf the State of Washington shall govein any dispute, to tlie extent pennitted by law. 13. Entire A�reemenr. Tlie parties agree that this Agree�nent is the complete expression of the agreement. Any oral or written represenlatives or understandings not incorparated in _ this Contract are specifically excluded. � 14. �lotices. Any notices shall be effective if persanally served upan the other party if mailed be registered or certitied mail, return receipt requested, to the addresses set out in Article 4 above. Notice inay also be given by facsimile with the original to follow by rebular inail. Notice shatl be deemed to be effective three (3) days following the datz of inailing or immediately of personally served. 15. [ndep�ndent Contraetor. Notliing herein shall be constnied as creating an agency relationship. The City sliall not control the manner in which Contractor perfonns its duties under this agreement, and the parties agree tlte Contractor shall perform these ARPA Agreement—Greater Pasco Area Chamber of Commet-ce-4 duties as an independent contractor. The Contractor shall n�aintain independent discretion over the manner in which it perfornSs the services under this agreement, anc! the City's authority to terminate the agreement shall not be constnied as an ability to inanage how Contractor performs its duties uilder this agreement. 16. Severabilitv. If any portion of this agreernent is found to be unenforceable, the remaining provisions shall be enforceable and shall not render the contract void. IN WITNESS WHEREQF, the parties have caused this Agreement to the signed by their duly constituted legal representatives and is effective on the last dat -� ned_ �� � _ t� , , .:�� `� � i--� Dav���abe[I, C' ty Manager Colin Hastings, Exeeu v Director Ci�v of Pasco L�t� '� �-�M � � Greater Pasco Chambe f Commerce ' p.�„ `'.�j ''�' Dated: g� � ` �Z:� Dated: �JJ�� 2�..�y�-� ATTEST: ����.. � Debra Barham, CMC City Clerk APPR S T RM: � Kerr Fer n aw, PLLC City orney ARFA Agreement—Greater Pasco Area Chamber of Commerce-5 Exhibit A City of Pasco American Rescue Pian Act(ARPA)fvr Businesses Support Program City of Pasco, WA is initiating a request for proposal froin the Pasco Chamber of Commerce for utilization of American Rescue Plan Act dollars to support local businesses that have been severely affected by the COVID-19 pandeniic and the executive orders by the Governor of Washington regulating business activities. City of Pasco has approximately $1,000,000 to assist affected businesses in fonn of grant distribution, business educaEion, and business portal creation. Background of organizations: ' Greater Pas�o Area Chaneber of Commerce The Pasco Chamber of Commerce is a nonprofit federal[y recognized SOl(c)(6) focused on business and economic develnpment in Pasco, WaShington, The Pasco Chamber of Commerce mission is to foster a vibrant local business environment and to enhance the quality of life in o�►r region. The Pasco Chamber oF Commerce was established in 1912 and has served as the "front door" for tens of thousands of individuals and businesses for 100 years. From business to agriculture to education, the Chamber is a major supporter of the Greater Pasco Area. Pasco Chambet�of'Corn�nerce Leadership Jason Hogue, American Family Insurance, President of the Board Joe Roach, Atkins Engineering, Immediate Past President Tara Wiswall, Edward Jones, Past President Randy I-Iayden, Port of Pasco, Vice President Kim Fall, Conover [nsurance, Vice President Dave Zabell, CITY of Pasco, Board member Delt Clu-k, Christensen Inc., Board member Vicki Haines, Atomic Dermatology, Baard member Shane Edinger,Pasco School District, Board member � Derrel Ebert, Tri-CITY Dust Devils,Board member - Nick Punch, Baker Boyer Bank, Board member = Rob Di Piazza, Hometown Values Magazine, Board member Janet Mick, Minuteman Press,Board mernber Roiando Rodriguez, Soi Case Managetnent, Board member Brief backgrou►7d uf .s�nJf who ia�ilT be involved in providing services under the prnpo.sed conlract, Colin Hastings, Executive Director of the Paseo Chamber of Commerce ARPA Agrcement—Greater Pasco Area Chamber of Commerce-6 Prior to accepting the Executive Director position far the Pasco Chamber in 201 l, Mr. Hastings and his wife owned a couple of small service-retail businesses and operated a small cherry orchard outside of Pasco. Mr. Hastings sits on the Hanf'ord Area Economic Invesiinent Fund (hanPard('und.ecam), Meier Architecttue & Engineering Board of Directors, and serves as Chairman of the Board of Directors for the Annual Water Follies event featuring Unlimited Hydroplane Races held each year in the Tri-Cities. He is also on the Board of Directors for the Pasco Kiwanis Club, Pacific Technology Alliance promoting rura] broadband access and the Washington Policy Center Eastern WA Advisory Board. Mr. Hastings graduated from Seattle University with a degree in Business Admiuistration. Co�ztacc information. Colin Hastings, Executive Director, Pasco Chamber of Commerce 11 l0 Osprey Pointe Boulevard Suite l0I Pasco, WA 99301 www, a� scochamb�r.or,g 509-547-9755 City of Paseo Business Support Progrant to adclress negative economic impacts �f CO�'ID-19 �anclentic 1. Create accessible and bilingual business assistance grants available for businesses. Grants can be distributed in increments of up to 530,000 based on need and proof of revenue loss during the period of March 27, 2020 to December 31, 2D21. Businesses located in City of Pasco and demonstrating adverse effects financially will be eligible to apply. 2. Create basiness education programs to assist them in following areas: a, Accounting b. Regulatory Compliance c. Business development d. Market ana[ysis 1. External analysis 2. Internal analysis 3. Business Plan implementation 4. Hiring Praclices e. Inventory control/organization 1. Operational needs 2. Minimize overhead 3. Creation of business portal ARPA Agrcement—Greater Pas�o Area Chamber of Commerce-7 The Business Support Program will approach this engagement with a tiered approach: 1. Create a bilingual culturally competent media outreach campaign to targeted businesses using print, radio, social media (Faceboa�-El Face), WhatsApp, television and through cof(aboration with the non-pro�t organizations to educate small/minority business owners of the e�igibility for grant dollars. Emphasis will be placed on meeting the business where they are at,which can include face to face interactions. 2. Targeted Uusinesses will be encouraged to apply online �vith easy-to-use filiable fonn. A comrr�ittee will be formed to review the applications to ensure businesses are eligible and meet the criteria for the grant. 3. T'l�e Pasco Chamber Board of Directors representatives wilt font� a committee to make the determination dispersing grants to eligible applicants. To accommodate the intensive effort involved in deploying diverse commtinication effort to reach out to local businesses and education efforts, City of Paseo will provide 15%-20% in administrative cost of the program, Greater Pasco Chamber of Commerce will provide City of Pasco with bi-annual reports with: 1. Breakdown of administrative costs by program areas: a. Labor b. Marketing c. Software Purchase d. Professional Services � ARPA Agreement—Greater Pasco Area Chamber of Commercc-8