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HomeMy WebLinkAbout4127 Resolution - Amend 1 to Basin Disposal Inc. ARPA Funding Agr RESOLUTION NO. 4127 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING AN AMENDMENT TO THE 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 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 gant requirements; and WHEREAS, the City has determined that solid waste services are integral part of public health and safety of our residents; and WHEREAS, on August 16, 2021, Council approved the ARPA Agreement with Basin Disposal, Inc.; and WHEREAS,the U.S. Department of Treasury has provided additional program/reporting requirements for the use of ARPA funding and these requirements are included with Amendment No. 1 to the APRA Agreement with the Basin Disposal, Inc. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: That the City Manager of the City of Pasco is hereby authorized, empowered, and directed to execute the first amendment to the American Rescue Plan Act Agreement with Basin Disposal, Inc. for the Utility Assistance Program to include the additional program/reporting requirements, per the U.S. Department of Treasury, for the duration of the Agreement;a copy of which is attached hereto as Exhibit A; and make minor substantive changes as required and to take all necessary steps required to complete this Agreement. Resolution—Amendment No. 1 to APRA Funding Agreement with BDI- 1 Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. Adopted by the City Council of the City of Pasco,Washington, Washington this 6�day of December, 2021. Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: J �,� � Debra Barham, CMC Kerr Fe son Law, PLLC City Clerk Ci ttorney Resolution—Amendment No. 1 to APRA Funding Agreement with BDI-2 Exhibit A Li�y g Pd��Q � � Subrecipient Agreement with: Basin Disposal Inc. ARPA Utility Assistance Support Program through City of Pasco American Rescue Plan Act (ARPA) Grant U.S. Department of Treasury CFDA 21.027 Contract Number: ARPA-oo3 AGREEMENT FACE SHEET Agency Contract Number Contract Amount City of Pasco ARPA -003 $110,000 525 N 3rd Ave Pasco WA 99301 Modified Amount $110,000 Agency Representative Start Date End Date Richa Sigdel,Finance Director 8/9/2021 12/31/2024 City of Pasco—Finance Dept. (509)544-3065 si cj lr(d:�asco-wa.gov Federal Funding Authority U.S.Departrnent of Treasury Federal Funds CFDA Number 21.027 Service Area County Page Number 525 N Third Avenue,Pasco,WA 99301 Franklin County 1 Tag ID Number Number of Pages 91-6001264 8 Contract Purpose The subrecipient agrees to carry out the purpose of the ARPA Grant received by the City of Pasco from the U.S Department of Treasury through providing utility assistance grants to Pasco businesses and residents impacted by COVID 19. IN WITNESS WHEREOF, City of Pasco and Subrecipient acknowledge and accept the terms of this agreement and attachments hereto and have executed this agreement as of the date and year written below.The rights and obligations ofboth parties to this agreement are governed by: Agreement Cover Page This Face Sheet Agreement Amendment Attachment A: Audit Cerrification Form Attachment B: FFATA Reporting Checklist Attachment C: Performance Progress Report Attachment D: Grant Reimbursement Form A-19 FOR THE Recipient Department: FOR THE CITY: Demck Dietrich, Owner Date Dave Zabell,City Manager Date BDI Inc. AMENDMENT NUMBER 001 to UTILITY ASSISTANCE PROGRAM AGREEMENT WHEREAS,the City and Basin Disposal Inc. entered into a Professional Services Agreement on August 9 2021 to administer the Utility Assistance Program. WHEREAS,the City has identified necessary amendments to ensure compliance with Uniform Guidance and updated guidance from Department of Treasury. NOW,THEREFORE, this agreement is amended to allow changes as described below. 1. BDI Inc. Classification: Upon review of the nature of the relationship between the BDI Inc. and the City in relation to this agreement, it has been determined that the BDI Inc. is a subrecipient not contractor as indicated in the original agreement. This amends the classification of the BDI Inc. and will hereinafter,be referred to as the"subrecipient". 2. Reporting: Performance Progress Reports must be submitted to the City 45 days after the end of the quarter. This requirement will be effective after the first full quarter; therefore the first Performance Progress Report may include a quarter and a half of activity. The first Performance Progress Report shall be submitted by February 15, 2022. Reports must be complete and accompanied by necessary documentation substantiate reported amounts. 3. Com ensation and Invoicin : This agreement shall be managed on a reimbursement basis. Expenses must be incurred in order to be funded by the City. Invoice requests must include a list of all approved grant awards containing, name, amount awarded, and application submission date. To start the Utility Assistance Program, the City could advance fund$110,000 to the subrecipient to allow for expediated assistance to the public. 4. Monitorin�: The subrecipient has been determined to be a low risk subrecipient, therefore the City has deemed the following monitoring measures as appropriate: a. Quarterly Performance Progress Reports b. One visit per calendar year 5. Comuliance with Uniform Guidance: A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR 200.300 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient will administer its program in conformance with 2 CFR 200.400. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Access to Records and Retention The City and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. C. Audits and Inspection Records 1'he Subrecipient that expends$750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current uniform administrative requirements 2 CFR 200.501; the reference Catalog of Federal Domestic Assistance(CFDA)number is 21.027 for the audit. Annually,the subrecipient shall submit the Audit Certification form to the City,within nine months of the subrecipient's fiscal year end. Additionally,the subrecipient shall submit the FFATA Reporting Checklist to the City. Any deficiencies noted in audit reports must be fully resolved by the Subrecipient within thirty(30) days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its Contractors.The City reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. All Subrecipient records with respect to any matters covered by this Agreement willbe made available to the City,and duly authorized officials of the state and federal government,as often as deemed necessary,to audit,examine,andmake excerpts or transcripts of all relevant data. The Subrecipient shall maintain beneficiary data demonstrating eligibility for services provided. Such data shall include, but not be limited to,name, address, income level or other basis for determining eligibility,and description of service provided. Such informationshall be made available to City or their designees for review upon request. The Subrecipient understands that bene�ciary information collected under this contract is private and the use or discloswe of such information,when not directly connected with the administration of the City's and/or Subrecipient's responsibilities with respect to services provided under this contract,is prohibited unless written consent is obtained from such person receiving service. Audit Certification Form Audits of States, Tribal and Local Governments, and Non-Profit Organizations For Most Recent Fiscal Year Ending Grantee: EIN: DUNS: Name of Authorized Chief Financial Officer: Address: Email: Phone: Purpose: City of Pasco is required to monitor the Single Audit requirements of its grant recipients. This requirement ensures that federal funds are used for their authorized purposes. It also confirms that non- federal entities receiving $750,000 or more in federal funds from all federal sources during the most recently completed fiscal year,have submitted a Single Audit in accordance with 2 CFR 200 Subpart F. Directions: Your agency's Chief Financial Officer (CFO) must certify whether or not yow agency/organization is subject to the Single Audit requirement by checking the appropriate box in Sections A and B and signing and dating the form. Failure to return a completed form will result in delay in processing your next grant award, withholding of federal awards or disallowance of costs, and suspension or termination of federal awards. SECTION A Check Appropriate Box: We did not exceed the$750,000 federal expenditure tl�reshold for the FY referenced above. Single Audit or a � Program Specific Audit is not required for this fiscal year.If checked,skip SecHon B. We have exceeded the$750,000 federal expenditure threshold for the fiscal year referenced above. � If checked,complete SecHon B. SECTION B Entities that ARE subject to the Single Audit requirements Complete the information below and check the appropriate box: � We completed our last Single Audit on for Fiscal Year ending There were no findin�s related to federal awards.No follow-up action is required. Was a complete copy submitted to the Federal Audit Clearinghouse?�Yes ❑No We completed our last Single Audit on for Fiscal Year ending � There were findin s related to federal awards. (If findings provide/email a copy of the audit with this form.) Were any findings related to CFDA 21.027? ❑Yes ❑No Was a complete copy submitted to the Federal Audit Clearinghouse?�Yes ❑No � Our completed Single Audit will be available on for Fiscal Year ending . We will forward a copy of the audit report to the Federal Audit Clearinghouse at that time. If there are findings related to federal awards,we will also provide City of Pasco a copy at that time. I hereby certify that I am an individual authorized to complete this form. Further, I certify that the above information is true and correct and all relevant material findings contained in audit report/statement have been disclosed. Signature of Authorized CFO: Date: Print Name&Title: Frequently Asked Questions Single Audit Certification 2 CFR 200 Subpart F Question: Why am I being asked to certify? Answer: Grantees that EXPEND$750,000 or more of federal funds in THEIR most recently completed fiscal year must conduct a single audit. This form is a way for City of Pasco to monitor its grantees audit status,as required by 2 CFR 200 Subpart F Question: Who needs to fill out this form? Answer: Your agency's Chief Financial Officer{or designee). Question: Who must sign the Audit Certification Form? Answer: The Chief Financial Officer of the agency, or his or his designee. Question: Does City of Pasco need a copy of the audit? Answer: Yes,please submit a copy of the audit to City of Pasco if there are"findings"listed in it specific to CFDA 21.027(Local Fiscal Recovery Funds).A complete copy of the audit MUS be submitted electronically to the Federal Audit Clearinghouse. Question: What is an audit finding? Answer: Audit findings are significant issues identified in the audit report,which are commonlyitems related to non-compliance with terms and conditions in an award. Findings typically include lack of timely reporting,internal controls not being in place to fulfill grant requirements,etc. Question: What if there is a finding related to CFDA 21.027? Answer: The City of Pasco will review the finding and request a Corrective Action Plan from the grantee, outlining how this issue will be resolved. Question: Does the audit requirement apply to our subgrantees who received federal pass- throu h funds? Answer: Yes. Subgrantees are subject to Single Audit requirements as well. Grant funds can be used to pay for the audit process. Question: Who do I contact if I have questions about this form? Answer: Contact your City of Pasco Lead Accountant: Griselda Garcia 509-543-5722, ar�c'�ag�ii�p asco-wa.,�ov. FFATA REPORTING CHECKLIST �FOR PRIME CONTRACT/SUBCONTRACT$30,000 AND OVER ❑FOR GRANT AWARD/SUBAWARD$25,000 AND OVER To Be Filled Out By SubrecipientlContractor Contract Number Subrecipient/Contractor: Address including Zip Code: Date: Signature: 1) I have been awarded a contract or agreement from ARPA Local Fiscal Recovery Funds of$30,000 and over, ❑Yes ❑No If you answered"NO"to question 1,STOP,you do not meet reportiug threshold requirements,return form to City. If�ou answered"YES"to uestion 1,COMPLETE THE FOLLOWING AND RETURN WITHIN S DAYS. Project Location Address includin Zi Code: Congressional district Amount of award/contract Award title descriptive of the funding action REQUIRED: DUNS number REQUIRED(Contractors Only): Central Contractors Registration(SA1Vn number SAM must be u dated eve ear 2) Compensation information for top five execurives is not akeady available through reporting to the SEC.❑Yes ❑No If rou ans :�red "I'F.S"to c uestion 2, � �'1,1:TE TFI�: N'ULLOWING:1r�D RETURN V4'I"I'H�ti � DAYS. Total compensation and names of top five 1. executives. (Complete if you answer yes to questions 3, 4 and 5 above 2. 3. 4. 5. To Be Filled Out By City Staff Program source ❑ARPA Local Fiscal Recovery CDFA 21.027 Grant No. How do you get a DUNS number? The unique idenrifier used in reporting to FFATA is the entity's Dun&Bradstreet(D&B)Data Universal Numbering System (DUNS)Number.It is necessary for registering in SAM.For subawardees,OMB has issued interim final guidance requiring recipients to obtain a valid DUNS number. DUNS number may b�requested via the web for no charge at: • http�//fedgov.dnb.com/webform or by calling 1-866-705-5711 FERF4RMANCE PR�GRE5S REPORT �,�ederaY Agency a:�d f�ass-Th��r Age�cy 2.Feder�k Gran�ar�t33ther identifying i�umber 3a.DUtVS Numb�r ,4ssigned 3b.EIN 4.Recipient�rgar�azati��?�N�me a^,�compfete address irsduding zi�c�ej 5.Reci�'se�i identiFyir�g Numk�r oe Acco�:nt t�+.smber 6.ProjectJ6ra°at Period T.Reporting Pe»o�End Uate 8.final R�poai? Yes No (Mbntls.Uoy Yrar/ ❑❑ start Date:{Monrh,Doy,Year1 Enc�17atc:(Ma►th,Diay YecrJ 9.Repcsrt�requei�� ennuat [� semi-annuat ❑ quarter�y ❑ a#ner ❑ {rf Qrhe�,descride: � 10. Perf��r�►ance Narrative (performanc�narrative addressi�eg a1t pr�c��rar��o�ijectivesJ 11. Statu�Upriate by Cibjective (lnclude srat�s update�ar each prograr»obJedive.conapleted,�r+g�ing�r nat yet 6eganj 12. Other Attachments fCom�lere expena�itur��al-eak<�own table and attach su��p�rtinc�fenurfc�al seportJ 13.C��rt�if'�tyon: 1 oea�i�r ta tht best a#m�kno�rl�d�e a�nd beliaf that+this report is corrert and corr��f�te 6or per#orma�e caf aetivitees for the pur{soscs set fart�h an tha award dacumcnts. �3a.Typ�o�F�rintQd Name�nd�i�1?o€Authorized Certif���g�ff�.�ai 13c. ti eie�hone(are�z cnde,r+umb�:�,,�n0 extension) 13d. Er�ail Add►ess 13b. Signature of Aca�ho�;ze�Certifyir�g Off�ciai 13e. E)ate Report Submitted$Mor+ih�,Lh�y, Year) Performance �•og�•ess Report �ttachmea� t: Expendisure�2.epart BREAKDO�Y�QF GRA.."�`T EXFEt'DITC��S DirRI�G THIti RE�'OR"IZ'�G PERIUD: �i�jor iteni o��care�or}° Federa� � at�li;ated�:t�ut nt�t Federal� ��eii� sp��at 1 Tatat EXPE:�Dg"����tE�TO DaTI� (3�'ER�1L.T. �t?�����R� GR���FUNDS i��1�'CHING FL�?� Ori�inal��•aut budsee (�his pro�l�: � � Less K�l�ar v�as spent{or abli$ated�priox- tc�dus re or�i��� eriad: - 5 - � Les�uha����as spent dtuin�tiv� r o�•�in2 ri�: - 5 - � �ess u�har wa�o�aliga�ed diu�in��l��s rz �rtin� riod: - S - 5 Balance of�iuids reivainiva: _ � —�