Choose an item.
SUBJECT
Title
Consideration of American Rescue Plan Act of 2021 (ARPA) Memorandum of Understanding (MOU) Agreements for Approved Expenditures.
End
From: Christine Cordon, City Manager
Requested by: Administration
Prepared by: Shaunna Hunter, Senior Management Analyst; Tuan Pham, Maintenance and Utilities Manager ____________________________________________________________
RECOMMENDED ACTION
Recommendation
Authorize the Mayor, on behalf of the City of Westminster, to enter into Memorandum of Understanding (MOU) Agreements for authorized ARPA Funding Requests for the following city departments:
A. $8,803,388 with the Public Works Department to implement and administer ARPA funds for the approved ARPA projects.
B. $61,000 with the Community Development Department to implement to implement and administer ARPA funds for approved ARPA projects.
C. $4,789,340 amended MOU, which adds $500,000 for Case Workers; and $3,364,340 for the Be Well Community Outreach Program to the previously approved Police Department MOU, which included adding a Police Dispatcher, and the development and implementation of the Park Ranger Program.
end
BACKGROUND
On March 11, 2021, President Joe Biden signed the American Rescue Plan Act of 2021 (ARPA) into law which provided $130.2 billion to be divided among cities and counties based on population. From this source, the City of Westminster received $23.7 million to address the economic impact of the COVID-19 Pandemic. The abovementioned ARPA-funded projects were selected through various study sessions and ultimately approved by the Mayor and City Council in 2022 and 2024.
On September 28, 2022, the Mayor and City Council approved Agenda Item No. 5.2 “American Rescue Plan Act of 2021 (ARPA) Funding Proposal” (Attachment 2). The Mayor and City Council reviewed a list of eligible programs and provided input to staff for revisions of prior approved funding proposals. The Funding Proposal represented a well-balanced approach to assist in the recovery of Westminster from the economic impacts of COVID-19.
On October 26, 2022, the Mayor and City Council approved Agenda Item No. 5.3 “American Rescue Plan Act of 2021 (ARPA) Revised Funding Proposal” (Attachment 3). Staff presented a revised funding proposal of eligible programs and services based on the Mayor and City Council’s recommendations from the September 28, 2022 City Council meeting.
On March 27, 2024, the Mayor and City Council approved Agenda Item 5.4 "American Rescue Plan Act of 2021 (ARPA) Update and Revised Project Opportunities" (Attachment 6). Council approved the reallocation of $3,615,888 ARPA funds to eligible projects. The Revised Project Opportunities added the Park Ranger Program, Axion Public Safety Equipment provider, and Flock Camera purchase among other items.
On June 26, 2024, the Mayor and City Council approved Agenda Item No. 5.1 "American Rescue Plan Act of 2021 (ARPA) Park Improvement Projects" (Attachment 4). The Mayor and City Council approved the elimination of the pickleball courts and revised ARPA budget in the amount of $6,603,388 for the Community Garden, Playground Renovation, Baseball Field Renovation, and Soccer Field Projects.
On October 23, 2024, the Mayor and City Council approved Agenda Item No. 5.1 “Consideration of American Rescue Plan Act of 2021 (ARPA) Memorandum of Understanding Agreements (MOUs) for Approved Expenditures” (Attachment 5). The Mayor and City Council approved three MOUs with General Government Services, Community Services and Recreation, and the Westminster Police Department in accordance with U.S. Treasury Department’s requirements to obligate the funds by the program deadline of December 31, 2024 and expend the funds by December 31, 2026.
At this time, staff is presenting for the Mayor and City Council’s consideration MOUs with the Public Works Department, Community Development Department, and an amendment to the Westminster Police Department MOU. The attached MOUs are recommended by the U.S. Treasury Department to obligate the ARPA funds by the December 31, 2024 program deadline.
The U.S. Treasury Department considers that the MOU, constitutes a "transaction requiring payment" similar to a contract or subaward and therefore an obligation for purposes of the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) rule, if the agreement satisfies one of the following conditions:
1. The agreement imposes conditions on the use of funds by the agency, department, or part of government receiving funds to carry out the program;
2. The agreement governs the provision of funds from one agency, department, or part of government to another to carry out an eligible use of SLFRF funds; or
3. The agreement governs the procurement of goods or services by one agency, department, or part of government from another; and
The MOUs also satisfy each of the following conditions:
1. The agreement sets forth specific requirements, such as a scope of work and project deliverables;
2. The agreement is signed by the parties to the agreement, or otherwise evidence that each party has assented to the agreement; and
3. The agreement does not disclaim any binding effect or state that it does not create rights or obligations.
Based on the above conditions, the attached MOUs will fulfil these requirements set forth by the U.S. Treasury Department and obligate the ARPA funds for the approved uses as outlined below:
ARPA MOUs
Ø Public Works Department: Administered by the Director of Public Works (Attachment 1)
A. Installation of critical HVAC and roofing infrastructure upgrades at the City Hall, Council Chambers, Senior Center, and Community Services buildings.
B. Installation of critical ceiling and roofing infrastructure upgrades to the facilities at Blakey Park.
C. Installation of a community garden at Cherry Street lot.
D. Renovation of the baseball fields at the Buckingham and Westminster Parks.
E. Installation of two soccer fields at Sigler Park.
F. Installation of playground equipment at Bolsa Chica, Westminster Village, Russell Paris, College, and Bowling Green Parks.
Ø Community Development Department: Administered by the Interim Director of Community Development (Attachment 2).
A. Training programs which include Code Enforcement Safety Opioid and Narcan; California Association of Code Enforcement Officials (CACEO) annual Code Enforcement Conference; Officer Safety-Self Defense for Code Enforcement Officers; and, PC 832 Course Training for Community Preservation Officers (CPU).
B. Purchase of equipment, which include: eleven (11) new iPads, protective safety boots, three (3) new liftgates for the CPU vehicle fleet, and other miscellaneous safety/office equipment.
Ø Amended MOU with Westminster Police Department: Administered by the Chief of Police (Attachment 3)
A. Five Hundred Thousand Dollars ($500,000) for Case Workers which provide intervention services and assist in directing resources for the individuals deemed homeless living in Westminster.
B. Three Million Three Hundred Sixty-Four Thousand Three Hundred and Forty Dollars ($3,364,340) for the Be Well Community Outreach Program which unifies the efforts and providers of services in a quick mobile response unit.
FISCAL IMPACT
No additional budget appropriation is required for the approval of the Intra-Agency MOUs. Funds are budgeted in American Rescue Plan Act program 21500.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
The City received $24.7 million from the United States Treasury through ARPA dedicated funds. City Council approved a well-balanced approach implementing one-time programs, projects, and services to address the needs of the community in accordance with ARPA guidelines The approval of the attached MOUs will obligate the remaining ARPA funds by the December 31, 2024 program deadline which in turn will allow the city to continue to implement the authorized expenditures through December 31, 2026.
ATTACHMENTS
1. Memorandum of Understanding with the Public Works Department
2. Memorandum of Understanding with the Community Development Department
3. Amended Memorandum of Understanding with Westminster Police Department.
4. September 28, 2022, Staff Report Item 5.2, American Rescue Plan Act (ARPA) Funding Proposal
5. October 26, 2022, Staff Report Item 5.3, American Rescue Plan Act (ARPA) Revised Funding Proposal
6. March 27, 2024, Staff Report Item 5.4, American Rescue Plan Act (ARPA) Updated and Revised Project Opportunities.
7. June 26, 2024, Staff Report Item 5.1, American Rescue Plan Act (ARPA) Park Improvement Projects
8. October 23, 2024, Staff Report Item 5.1, American Rescue Plan Act (ARPA) Memorandum of Understanding Agreements (MOUs) for Approved Expenditures
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager