HomeMy WebLinkAbout4085 Resolution - ARPA Funds Utility Asst Agr with BDI Reapproved RESOLUTION NO. 4085
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.
Resolution—ARPA Funding&Agreement with BDI- 1
Adopted by the City Council of the City of Pasco, Washington this 9th day of August,
2021.
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Saul Martinez
Mayor
ATTEST: APPRO RM:
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De ra arham, CMC e on Law, P C
City Clerk City ttorne
Resolution—ARPA Funding&Agreement with BDI-2
EXHIBIT A
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 af
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.
ARPA Agreement—Basin Disposal Inc 1
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 pariy 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 properiy,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:
ARPA Agreement—Basin Disposal Inc 2
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. Bindin�Effect. This agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors.
17. Assi n�. 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-Part�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 pariy to this
Agreement. This provision shall not limit any obligation which either Party has to the U5
Deparhnent 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.
Dave Zabell, City Manager Rebecca Francik, Government Relations
City of Pasco Basin Disposal Inc
Dated: Dated:
ATTEST:
Debra Barham, CMC
City Clerk
APPROVED A ORM:
Kerr Ferguson , LC
City Attorney
ARPA Agreement—Basin Disposal Inc 4