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2024 County of Riverside - ARPA-SLFRF Funding ObligationMEMORANDUM OF UNDERSTANDING REGARDING OBLIGATION OF AMERICAN RESCUE PLAN ACT (ARPA)/ CORONAVIRUS STATE AND LOCAL RECOVERY FUNDS (SLFRF) This MEMORANDUM OF UNDERSTANDING REGARDING OBLIGATION OF SLFRF FUNDS ("MOU") is entered into as of the 17th day of December , 2024 by and between City of La Quinta ("Local Government") and the County of Riverside ("Agency") as follows: WHEREAS, The Local Government is the recipient of State and Local Fiscal Recovery Funds (SLFRF) pursuant to the terms and conditions of the agreement entered into by the Department of the Treasury ("Treasury") and the Local Government, which incorporates the provisions of the 2022 final rule, the 2023 interim final rule, and the guidance that implements the SLFRF program; and WHEREAS, The Local Government is authorized to provide funds to units of local government and others, each an Agency, selected to undertake and carry out projects under the SLFRF program in compliance with all applicable local, state, and federal laws, regulations and policies; and WHEREAS, Agency is prepared to provide goods or services to Local Government in order to mitigate the fiscal impacts of the COVID pandemic, maintain service levels, and to serve the needs of the local community ("Goods or Services"); and WHEREAS, Local Government and Agency desire to enter into this MOU as an interagency agreement to secure the Goods or Services for the benefit of the local community. NOW THEREFORE, in consideration of the recitals and agreements contained herein Local Government and Agency agree as follows: 1. Purpose. The SLFRF funds are available to provide emergency relief from natural disasters, build critical transportation infrastructure, and support community development. The City utilized the standard allowance of up to $10 million, which can be used to provide government services, and includes the provision of public safety services. 2. Scooe of Work. A. Local Government Responsibilities The Local Government is responsible for administration of the SLFRF funds received, and ensuring SLFRF funds are used in accordance with all program requirements and its SLFRF agreement with Treasury referenced above. The Local Government will provide such assistance and guidance to the Agency as may be required to accomplish the objectives and conditions set forth in this MOU. 1 B. Agency Responsibilities The Agency will complete in a satisfactory and proper manner as determined by the Local Government the following tasks to accomplish the objectives of principally benefiting the local community by carrying out an eligible use of SLFRF funds (the "Project"). The Agency will periodically meet with the Local Government to review the status of these tasks and to demonstrate compliance with SLFRF requirements. Principal Tasks: 1. Maintain current public safety service levels to include payroll and covered benefits for public safety personnel. 3. Conditions for Receipt of Funds. SLFRF funds will be allocated or paid to Agency upon agreement to perform the Principal Tasks. 4. Time of Performance. The effective date of this MOU will be the date the parties sign and complete execution of this MOU ("Effective Date") and will be in effect for the time period during which the Local Government remains in control of SLFRF funds and the Agency completes the Principal Tasks, provided however, all SLFRF funds must be obligated no later than December 31, 2024 and the Principal Tasks must be completed no later than December 31, 2026. 5. MOU Representatives. Each party to this MOU shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. Local Government: Name of Representative Title: City Manaqer Jon McMillen Mailing Address: 78495 Calle Tampico City, State and Zip Code: La Quinta, CA, 92253 Telephone Number: (760) 777-7100 Fax Number: (760) 777-7146 E-mail Address: JMcMillen(a-)laquintaca.gov B. Agency: Name of Representative: Title: Mailing Address: City, State and Zip Code: Telephone Number: Fax Number: E-mail Address: 6. Budget: The Local Government will pass through to the Agency no more than $9,987,008 in SLFRF funds for eligible incurred costs and expenses for the Project. IN WITNESS WHEREOF, City of La Quinta and the County of Riverside have executed this MOU as of the dates indicated below. CITY OF LA QUINTA: By: Date: 17_ 11 / ZoZ4 COUNTY OF RIVERSIDE: By: _ Its: _ Date: 3 CONSENT CALENDAR ITEM NO. 20 City of La Quinta CITY COUNCIL MEETING: December 17, 2024 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION AND APPROVE MEMORANDUM OF UNDERSTANDING WITH RIVERSIDE COUNTY REGARDING OBLIGATING AND ALLOCATING AMERICAN RESCUE PLAN ACT CORONAVIRUS STATE AND LOCAL RECOVERYFUNDS RECOMMENDATION Adopt Resolution and approve Memorandum of Understanding (MOU) with Riverside County obligating and allocating American Rescue Plan Act Coronavirus state and local recovery funds; and authorize the City Manager to negotiate and execute the MOU in a form approved by the City Attorney. EXECUTIVE SUMMARY • On March 11, 2021, President Biden signed into law the American Rescue Plan (ARPA), a $1.9 trillion stimulus package, to counteract the economic impacts of the pandemic. The bill contains a $350 billion allocation for state and local government aid known as the Coronavirus State and Local Fiscal Recovery Funds (SLFRF). • The City has elected to use the standard allowance for revenue loss of up to $10 million and was allocated the amount of $9,987,008 for government services, which is the most flexible eligible use category with funds subject to streamlined reporting and compliance requirements. • The City must execute an MOU for funds to be considered obligated and committed by December 31, 2024, and expend by December 31, 2026, as prescribed under the ARPA provisions. FISCAL IMPArT If approved, $4,993,504 will be transferred from Fund 105 (Disaster Recovery Fund) to the General Fund for fiscal year (FY) 2024/25 and an additional $4,993,504 for FY 2025/26 will be transferred and budgeted to cover costs associated with police services. BACKGROUND/ANALYSIS Under the ARPA, the U.S. Department of Treasury adopted a Final Rule in January 2022 for the SLFRF which provides various eligible uses for ARPA funds, including the use of 233 funds to provide and maintain current City services (e.g., public safety) to the extent of revenue lost by the City due to the pandemic. Some of the key objectives for SLFRF are to: • Maintain vital public services, even amid declines in revenue resulting from the crisis. • Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity. The City has received a total of $9,987,008 through ARPA and has established a separate fund to track the utilization of funds for auditing and reporting purposes. In compliance with the Final Rule, the City's approach will be to utilize ARPA funds to provide and maintain current City services, specifically police services, that were originally intended to be provided by the General Fund. This approach makes available General Fund monies that are then used to enable the delivery of Council -directed programs to residents and businesses to improve the quality of life. As a result, the City's reporting to the U.S. Treasury will show the ARPA funds being used to maintain police services. This ARPA spending approach balances programmatic funding for vital government services while limiting the administrative burden associated with ARPA compliance and reporting requirements, and substantially reducing any compliance risk that could result in a mandated return of these federal funds to the U.S. Treasury. ARPA provisions require the proposed resolution and enclosed MOU as Attachment 1 for the funds to be considered obligated and committed by December 31, 2024; funds must be expended by December 31, 2026. ALTERNATIVES Staff does not recommend an alternative as this action is required by ARPA. Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. MOU with Riverside County Regarding ARPA SLFRF 234