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HomeMy WebLinkAbout4133 Resolution - Tri-Cities Hispanic Chamber of Commerce ARPA Funding Agr RESOLUTION NO.4133 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING AN AGREEMENT WITH THE TRI-CITIES HISPANIC CHAMBER OF COMMERCE FOR THE COVID-19 VACCINATION PROGRAM UTILIZING THE 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 a portion of the ARPA Funds to the Tri-Cities Hispanic Chamber of Commerce to support vaccination efforts of City of Pasco residents for COVID-19, with such allocation of funds to be consistent with the grant requirements; and WHEREAS,the City has determined that focused efforts to vaccinate residents within the City of Pasco is 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 and directed to negotiate, make minor substantive changes to, and execute the American Rescue Plan Act Funding Agreement with the Tri-Cities Hispanic Chamber of Commerce for the COVID-19 Vaccination Program, a copy of which is attached hereto as Exhibit A; and to take all necessary steps required to complete this transaction. Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. Resolution—APRA Funding Agreement with TCHCC- 1 Adopted by the City Council of the City of Pasco, Washington this 3rd day of January 2022. Mayor ATTEST: APPROVED AS TO FORM: ` � �,�/���_ . Debra Barham, CMC Kerr F = on Law, PLLC City Clerk Ci ttorney Resolution—APRA Funding Agreement with TCHCC-2 AMERICAN RESCUE PLAN ACT AGREEMENT Between City of Pasco and Tri-Cities Hispanic Chamber of Commerce 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. 3ra Ave., Pasco, Washington 99301 (hereinafter"City"), and Tri-Cities Hispanic Chambers of Commerce, a non- profit organization with its principal address at 1600 N 20th Ave Suite D,Pasco Washington 99301 (hereinafter"Subrecipient"). 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 a portion of the ARPA Funds to support community vaccination clinics for City of Pasco residents for COVID-19, with such allocation of funds to be consistent with the grant requirements. 1. Effective Date and Term. This Agreement shall commence when executed by all parties and be retroactive from August 1, 2021 and remain in effect until December 31, 2024, unless terminated by the City in writing. This Agreement consists of this Agreement and the following attached Ezhibit A,which is incorporated herein by this reference. 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. Expenses submitted for reimbursement must be for staff wages for vaccination clinics is held in the City of Pasco. 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 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. ARPA Agreement—Tri-Cities Hispanic Chamber of Commerce 1 4. ARPA Funds.The City agrees to reimburse the subrecipient a total sum not to exceed $50,000 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 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 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 property, 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: Subrecipient Tri-Cities Hispanic Chamber of Commerce Attn: Martin Valdez 1600 N 20th Ave, Ste. E Pasco, WA 99301 ARPA Agreement—Tri-Cities Hispanic Chamber of Commerce 2 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 r�t. 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 A�reement. 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-Pa 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 US Department of Treasury in connection with the use of ARPA funds, including the 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 ARPA Agreement—Tri-Cities Hispanic Chamber of Commerce 3 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 Martin Valdez, Executive Director City of Pasco Tri-Cities Hispanic Chamber of Commerce Dated: Dated: ATTEST: Debra Barham, CMC City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC City Attorney ARPA Agreement—Tri-Cities Hispanic Chamber of Commerce 4 Exhibit A ��� Subrecipient Agreement with: Tri-Cities Hispanic Chamber of Cammerce ARPA Community Vaccination Program through City of Pasco American Rescue Plan Act (ARPA) Grant U.S. Department of Treasury CFDA 21.027 Contract Number: ARPA-0004 Exhibit A AGREEMENT FACE SHEET Agency Contract Number Contract Amount City of Pasco ARPA -0004 $50,000 525 N 3rd Ave Pasco WA 99301 Modified Amount NA Agency Representative Start Date End Date Richa Sigdel,Finance Director 8/1/2021 12/31/2024 City of Pasco—Finance Dept. (509) 544-3065 �s� � `"��; � _��,:.,ov -- --1. _ Federal Funding Authority U.S. Department of Treasury Federal Funds CFDA Number 21.027 Service Area County Page Number 525 N Third Avenue,Pasco,WA 99301 Franklin County 1 Tax 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 COVID-19 vaccination clinics to Pasco residents. IN WITNESS WHEREOF, City of Pasco and Subrecipient acknowledge and accept the tertns of this agreement and attachments hereto and have executed this agreement as of the date and year written below.The rights and obligarions 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: Martin Valdez,Executive Director Date Dave Zabell,City Manager Date Tri-Cities Hispanic Chamber of Commerce Exhibit A AMENDMENTS TO AMERICAN RESCUE PLAN ACT AGREEMENT ARPA VACCINATION ASSISTANCE PROGRAM WHEREAS,the City and Tri-Cities Hispanic Chamber of Commerce (TCHCC) seek to enter into a Personal Services Agreement to support vaccination efforts in the City of Pasco. 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. TCHCC Classification: Upon review of the nature of the relationship between the TCHCC and the City in relation to this agreement, it has been determined that the TCHCC is a subrecipient not contractor as indicated in the standard personal services agreement. This amends the classification of the TCHCC and will hereinafter,be referred to as the "subrecipient". 2. Re�orting: 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 May 15, 2022. Reports must be complete and accompanied by necessary documentation substantiate reported amounts. 3. Compensation and Invoicing: 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 Pasco community vaccination events with date, location, staff present, and breakdown of costs incurred for staff for events. 4. MonitorinP: 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. Compliance with Uniform Guidance: A. Financial Mana e� 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. Exhibit A 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 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 will be 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 5ubrecipient 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. Exhibit A 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 threshold 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 findinQs 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: Exhibit A 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 �i completed fiscal year must conduct a single audit. This form is a way for City of Pasco to I 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: T'he 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: Crriselda Garcia 509-543-5722, arcia cv. asco-wa. ov. Exhibit A FFATA REPORTING CHECKLIST �FOR PRIME CONTRACT/SUBCONTRACT$30,000 AND OVER ❑FOR GRANT AWARD/SUBAWARD$25,000 AND OVER To Be Filled Out By Subrecipient/Contractor 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 red"1tit_� u qucstian 1,STOP,���>u du nnt meet reporting threshold requirements,return form to City. red " to uestion 1,C0�41PLETE THE FOLLOWING AND RETURN WITffiN 5 llAYS. 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 executives is not already available through reporting to the SEC.Q Yes ❑No �. ,1'E5" ca ULLI �. 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 identifier used in reporting to FFATA is the entity's Dun&Bradstreet(D&B)Data Universal Numbering 5ystem (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 be requested via the web for no chazge at: • http�//fedgov.dnb.com/webform orbycalling 1-866-705-5711 Exn�a�t a PERF�RMANCf PR�GRESS RE�ORT i.f�d�raf dg2ncy ar�d Pas�-7hru�ger�cy 2.Feder�l Grae�t or i3ther E���twfy�7g N�rnber 3a.DUhiS N�amber Assigneci 3b.E�N 4,3�e�i�ai�n�Organization(Name�nd comptete address induding z��c�e) 5.R�.i�nt Itlecrtifyi���Mur+nb�r or Ac���ant �fum�� S.Araject/Grani Period 7.fieport�ng Period End Date 8.Final Re�rt? Yes P�o (n�tt,,[�;Yeor1 I�❑ scarc oate:�'M6a�►tn,v�y,reor) End oate:�ManrB,s3ay,Yeary s.Report�ret�uQrfcy annua! [❑ serrri-annuni ❑ quarter�y► � otiter n (lf uther.z9esctrbe. J 10. A�rforman+ce Narrative ��erf+�rmnru�nosrativ�adr�r�ssiRg aP�prvgram abjectnres) 31. 5��tus tJpdate b�Objective �'lncPude atatus updcrte for epch�,rrc�grarr�objecti�e;c�r»�teted,nngoing c��r nc�t yex bega�+� 12. Other Attachments �Com,r�Iete expenditure bretirkd�nwri[a�i��and c�ttoch sr,����rting�nor►cr'a!re��rtj 13.Certi�'�cation. 3 eertif�to�#se best of my knowlact�e and belief that lh��s report is torrect�r�cY e�ttx►plt#e#or perfor�r9ance of actiui4ies for the}�urposes set forth in the award docur�ents. 13�.Ty�,� , ;�i�;;e�`�ar;ti�e a����i��_a�i�4uthar�ize��Gertilyirtg�#�i�ial 13t. T��epht�ne(aren cade, +�Rrm�i�r a�axf extens`o�i) 13d. �mail A��ress i3b. Signature of Autho�ized Ceftifying�ff'�cial i3e. D�t�Repc��t Submitte�(ll�lant�r,Doy, Ye�rr) Exhibit A Pei�foi•manc+e Progi•ess Repo��t A�aehment .fl: Espenditu�•e �.epc�i� BR�.�►�:DUt� �Q�GR�\T �XPEI��ITL`�ES �i�I�G �'��S REPURTIIti'G�'ERIUI�� �e1��c�r irem or cate�ory Federal � c�bli�ated (but nc�� Fede��I � �p�nt §�i1�i� '�Ot�� ��E��r�rc�s ra�a-r� OZr'ERAL�.. 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