HomeMy WebLinkAboutRES NO 133-2022RESOLUTION NO. 133 — 2 022
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ESTABLISHING AN AMERICAN RESCUE PLAN
ACT DISTRIBUTION GRANT AGREEMENT FOR HEALTHCARE
SERVICES ASSISTANCE.
WHEREAS, on March 11, 2021, President Joseph R. Biden signed the U.S.
Senate -amended H.R. 1319 (P.L. 1 17-2), known as the American Rescue Plan Act
(hereinafter "ARPA"); and
WHEREAS, Section 9901 of ARPA amended Title VI of the Social Security Act
(the "Act") to add Section 602, which establishes the Coronavirus State Fiscal
Recovery Fund, and Section 603, which establishes the Coronavirus Local Fiscal
Recovery Funds (together, hereinafter "CLFR or Fiscal Recovery Funds"); and
WHEREAS, the CLFR are intended to provide support to State, local and
Tribal governments in responding to the impact of COVID-19 and in their efforts to
contain COVID-19 in their community, residents, and businesses; and
WHEREAS, on May 10, 2021, the U.S. Treasury issued the Interim Final Rule to
implement ARPA in Title 31, Part 35 of the Code of Federal Regulations ("CFR");
and
WHEREAS, under ARPA Section 603 (c) (1) (A) and the Interim Final Rule 31
CFR 35.6 (b) (7) and (12), CITY may act as a pass -through for ARPA and CLFR funds
(collectively "Recovery Funds" herein) and provide said Recovery Funds to
eligible grantees to reimburse for certain programs or services that were
implemented to respond to the COVID-19 public health emergency or its
negative economic impacts; and
WHEREAS, California Government Code Section 53703 authorizes CITY to
participate in federally funded health, welfare, public works, and community -
improvement programs and empowers CITY to contract with public and private
agencies; and
WHEREAS, CITY expects to receive approximately NINETY-FOUR MILLION
DOLLARS ($94,000,000.000) in Fiscal Recovery Fund; from the United States
Department of Treasury; and
WHEREAS, on October 6, 2021, the City Council approved the allocation
plan for the Fiscal Recovery Fund; and planned projects which includes a Grant
Program wherein acceptable applicants may receive a portion of Fiscal
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Recovery Funds to reimburse local hospitals for critical pay salaries paid as result
of the COVID-19 public health emergency; and
WHEREAS, eligible grantees shall request assistance to utilize Recovery
Funds in accordance with the grantee's application; and
WHEREAS, in reliance on the representations, certifications, and warranties
made.by grantees, the CITY desires to assist grantees by making Recovery Funds
available; and
WHEREAS, grantees shall accept the Recovery Funds on the terms and
conditions stated within the grant agreement; and
WHEREAS, the United States Department of the Treasury (USDOT) requires
CITY to provide an annual report which identifies Recovery Funds use and
progress; and
WHEREAS, CITY requires each grantee to participate in reporting on the use
of Recovery Funds to meet ARPA goals.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, that:
1. The above recitals and findings are true and correct and are
incorporated herein by reference.
2. Grantees shall certify that the activities carried out with funds
provided under the grant agreement will meet the Coronavirus State and Local
Fiscal Recovery Fund program's objective to reimburse funding relief for purposes
directly related to COVID-19 per 31 CFR Part 35.
3. Grantees shall adhere to the requirements of ARPA, any
amendments, Federal regulations, and guidelines now or hereafter enacted
pursuant to the ARPA.
4. Grantees shall comply with all provisions of California law applicable
to the grant agreement.
5. Grantees understand and agree that CITY is merely a pass -through
entity for CLFR Funding, and that a grantee is not an agent or employee of CITY
for any purpose and is not entitled to any of the benefits provided by CITY to its
employees. CITY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers'
Compensation Insurance. This shall not be construed as forming a partnership or
any other association with grantees.
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6. Grantees shall maintain all records required by the Federal
regulations specified in Title IV section 603(c) that are pertinent to the activities to
be funded under the grant agreement.
7. All grantee records with respect to any matters covered by the grant
agreement shall be made available to CITY, its designee, or the Federal
Government, at any time during normal business hours, as often as CITY deems
necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports must be fully cleared by the grantee
within 30 days after receipt by it. Failure of grantees to comply with the above
audit requirements will constitute a violation of the grant agreement and may
result in the withholding of future payments. Grantees hereby agree to have an
annual audit conducted in accordance with current CITY policies concerning
sub -recipient audits and, as applicable, 2 CFR 200 Subpart F.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
AUG 312022 , by the following vote:
YES: COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH P495M `� � �+ GRAY, PARL EI R
NOES: COUNCIL MEMBER
ABSTAIN: COUNCIL MEMBER
BSENT• COUNCIL MEMBER
JUL E DRIMAKIS, MM
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
APUG 3 12022
By;; &JA
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
JH
��UA RUDNICK
uty City Attorney II
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