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HomeMy WebLinkAbout4129 Resolution - Amend 2 to Pasco Chamber of Commerce ARPA Funding Agr RESOLUTION NO. 4129 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING AMENDMENT NO. 2 TO THE AGREEMENT WITH PASCO CHAMBER OF COMMERCE, A WASHINGTON NON-PROFIT CORPORATION FOR THE BUSINESS SUPPORT 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 an interim final guide on allowed uses of funds and allocated $350 billion far 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 a substantial portion of its share of the ARPA Fund allocation to the "ARPA Business Support Program" to assist small businesses and non- 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 603(c)(3) of ARPA, the City may transfer funds to a private non-profit entity for the purpose of ineeting ARPA's goals; and WHEREAS, the City has determined that contracting with the Pasco Chamber of Commerce, a private non-profit corporation would yield efficiencies in time and process in the development and implementation of the Business Support Program that are not available to the City alone; and WHEREAS, on July 6, 2021, Council approved the ARPA Agreement with the Pasco Chamber of Commerce; and WHEREAS, on September 20, 2021, Council approved Amendment No. 1 to the ARPA Agreement with the Pasco Chamber of Commerce; 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. 2 to the APRA Agreement with the Pasco Chamber of Commerce. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: Resolution—Amendment No.2 to ARPA Agreement Pasco Chamber of Commerce- 1 That the City Manager of the City of Pasco is hereby authorized, empowered, and directed to execute the second amendment to the American Rescue Plan Act Agreement with the Pasco Chamber of Commerce for the Business Support 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. Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. PASSED by the City Council of the City of Pasco, Washington this 6th day of December, 2021. �'"� Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: —11�1�?�i�LCY _ Debra Barham, CMC Kerr F son Law, PLLC City Clerk Ci Attorney Resolution—Amendment No.2 to ARPA Agreement Pasco Chamber of Commerce-2 Exhibit A i,��y � Pasc� � . Subrecipient Agreement with: Pasco Cha m ber of Com merce ARPA Business Support Program through City of Pasco American Rescue Plan Act (ARPA) Grant U.S. Department of Treasury CFDA 21.027 Contract Number: ARPA-0o1 AGREEMENT FACE SHEET Agency Contract Number Contract Amount City of Pasco ARPA -001 $1,000,000 525 N 3rd Ave Pasco WA 99301 Modified Amount $2,700,000 Agency Representative Start Date End Date Richa Sigdel,Finance Director 8/16/2021 12/31/2024 Cbty of Pasco—Finance Dept. Modified Date (509)543-5794 11/15/2021 si�delr��pasco-wa.�ov Federal Funding Authority U.S.Department ofTreasury 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 business support and business grants to Pasco businesses 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 Certification 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: Colin Hastings, Executive Director Date Dave Zabell, City Manager Date Pasco Chamber of Commerce AMENDMENT NUMBER 002 to BUSINESS SUPPORT PROGRAM AGREEMENT WHEREAS,the City and Pasco Chamber of Commerce entered into a Professional Services Agreement on August 16 2021 to administer the Business Support Program. WHEREAS,the City has identified necessary amendments to ensure compliance with Uniform Guidance and updated guidance from Deparhnent of Treasury. NOW,THEREFORE,this agreement is amended to allow changes as described below. 1. Chamber of Commerce Classification: Upon review of the nature of the relationship between the Chamber of Commerce and the City in relation to this agreement, it has been determined that the Chamber of Commerce is a subrecipient not contractor as indicated in the original agreement. This amends the classification of the Chamber of Commerce and will hereinafter,be referred to as the "subrecipient". 2. Re�ortin�: 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. Compensation 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 business grant awards containing, business name, business owner contact information, amount awarded, UBI number, and application submission date. To start the Business Support Program,the City could advance fund$1,000,000 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 onsite visit per calendar year 5. Comnliance 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 The 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 consritute 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 beneficiary information collected under this contract is private and the use or disclosure 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 your 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 threshald for the FY referenced above. Single Audit or a � Program Specific Audit is not required for this fiscal year.If checked,skip Section B. We have exceeded the$750,000 federal expenditure threshold for the fiscal year referenced above. � If checked,complete Section 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 MUST 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. Crrant 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, arcia asco-wa. ov. FFATA REPORTING CHECKLIST �FOR PRIME CONTRACT/SUBCONTRACT$30,000 AND OVER OFOR GRANT AWARD/SUBAWARD$25,000 AND OVER To Be Filled Out By SubrecipientlContractor Contract Number SubrecipientlContractor: Address including Zip Code: Date: Signature: i) I have been awarded a contract or agreement from ARPA Local Fiscal Recovery Funds of$30,000 and over, ❑Yes ❑No Yi e�estion 1,STOP,yuu do nut r� �r report� ^the-� ��ments,return form to City. If a uestion 1,C01iPLETE T LOV4 �'ITHIN 5 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(SANn 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 vou {. :TE THE FOLLOWINtT AND RETURN WITHIN 5 DAYS. Total compensation and names of top five 1. ezecutives. (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. Flow 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 (DiJNS)Number.It is necessary for registering in SAM.For subawardees,OMB has issued interim final guidance requiring recipients to obtain a valid DiJNS number. DUNS number may be requested via the web for no charge at: • http�//fedgov.dnb.c�m/webform orbycalling 1-866-705-5711 PERF�RMANCE�R�GRESS REPORT g.���.�r�l qg�rr�e ara�Gass-�`hr�Agency 2.�ede�al Grarr�or�aher 1d�n�l��ttrrg hiumber 3a.DUNS tVumber Assignecf 3b.EIN 4.Recipien#flrganization(Name an+�compiete address i�duding zip code� 5.Recipient ide�tifying Numbet or Account Num�� 6.PaojectJGrant Rerioci 7.Reporting Feriod Er�d Date 8.Finat Report? QY�No fMarrth 13ny;Yeary �tn�t Qate:(Month Doy.Yenr� Er�d fmte:(Monih,Day;YtorJ 9.RepoK Frequer►cy unnual (] semi-annuaJ ❑ quarter�y ❑ other ❑ (lf other,describe: J 1C3. �erfarmance Narratnre �'perform�xnre narrar�iv�addressing a(t program abjec#nres,! �1. Stat�us tlp�ate by Objective (include stotus�opdate fvr each program obJec#ive:campleted,�ngr�ing�►r�of yet began;� 12. Other Attach�3e�its (Cam�alete e�rpen�iiture breakdown tabC�and eattach supporting finan�iar report� 13�.Certifir.ation: 6 aertify�ta the k�est of rny k�owtecF�e and belief that t4�is report is correct and aomplete farr perfsvrma�ce of activitics for the purposes sgt fort#�ir�tlam award doe�inents. 13a.Ty¢ed�;�Print��d Nr�cne and i ag�2 of Authorizeci C�rtifyi��nffKcBal 13c. 721e�hon�:jaren code r+umbee nnd extensron� 13d. EmailAd�Fess 13t�. SG�raiure o€A�+t.h�yt�zei Cert�ry�g��#ie�ai 13e. 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