City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01769 10/25/2022 Consent Item 12.
American Rescue Plan Act (ARPA) Framework and Agreement: Digital Equity Response Program
File ID: 2022-01769
Location: Citywide
Recommendation: Adopt a Resolution authorizing the City Manager or the City Manager’s designee to: 1) transfer $250,000 from the available fund balance of the ARPA Reinvestment Fund (Fund 1003) to the expenditure budget of the Digital Equity Multi-Year Operating Project (MYOP) (I07001100); and 2) execute an ARPA Grant Agreement with United Way California Capital Region in an amount not-to-exceed $250,000 for the purchase of computer hardware equipment for the Digital Equity Response Program.
Contact: Maria MacGunigal, Chief Information Officer, (916) 808-7988, [email protected], Ignacio Estevez, IT Manager, (916) 808-7349, [email protected], Natasha Greer, Program Specialist, (916) 808-7920, [email protected], Darin Arcolino, Assistant IT Director, (916) 808-0403, [email protected], Information Technology Department Presenter: None
Attachments:
1-Description/Analysis
2-ARPA Reinvestment Fund Programs
3-Agreement
4-Resolution
Description/Analysis
Issue Detail: On September 14, 2021, City Council adopted the ARPA Framework and Funding Priorities (the ARPA Framework) and directed the City Manager, City Attorney, City Auditor, City Treasurer, and City Clerk to implement Council direction consistent with the adopted ARPA Framework. The ARPA Framework included $250,000 in funding to narrow the digital divide to ensure digital inclusion in the City’s most underserved communities.
File ID: 2022-01769 10/25/2022 Consent Item 12.
The Digital Equity Response Program, a collaborative partnership with United Way California Capital Region (UWCCR) and the City of Sacramento, has been developed and implemented over the past two years. This program helps to bridge the digital divide and reduces disparities. Economic (jobs/health insurance/social services), health (information and outcomes), education, and workforce development (training/certification opportunities) are severely hindered without access to digital resources and knowledge. For example, those that already have digital access do not experience the additional burden of day-to-day experiences such as travel to medical appointments that individuals could opt to do online. As another example, students who do not have sufficient internet bandwidth have additional burdens and difficulty accessing learning, which can have short and long-term negative impacts.
To further leverage the framework established through the Digital Equity Response Program, the grant agreement with UWCCR will assist with addressing the immediate need of insufficient or total lack of digital access created in the wake of the pandemic by providing computer hardware needed to establish digital access. These resources will help support qualified individuals and families who lack adequate access and have historically faced barriers to digital resources and knowledge.
The UWCCR will work in partnership with the City, community based organizations, and equipment service providers to procure and deliver approximately 830 computers to families and individuals affected by COVID-19.
Policy Considerations: Sacramento’s low-to-moderate-income households continue to be particularly impacted by the COVID-19 public health emergency. The use of ARPA funds to support the Digital Equity Response Program is consistent with Council’s adopted ARPA Framework, focus area #3, Youth, Gang Prevention, and Social Services.
Economic Impacts: The City will use these funds to support the Digital Equity Response Program that include the following expected outcomes: 1) remove barriers to digital access to allow community members the opportunity to be less isolated and fully participate in social, health, and civic life; and 2) support equitable access to digital services, devices, training, and the knowledge necessary for Sacramento residents to connect to essential community, education, medical, and government services.
Environmental Considerations: The report does not constitute a “project” as the activity will have no significant effect on the environment and is a continuing administrative activity. It is therefore exempt from the California Environmental Quality Act (CEQA) (CEQA Guidelines Sections 15061(b) (3);15378(b)(2)).
Sustainability: Not applicable.
File ID: 2022-01769 10/25/2022 Consent Item 12.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: The recommendations in this report are consistent with the ARPA Framework adopted by Council on September 14, 2021.
Financial Considerations: Funding of $250,000 will be transferred from the ARPA Reinvestment Fund (Fund 1003) to the Digital Equity MYOP (I07001100). This transfer will allow for the execution of this ARPA Reinvestment Fund Grant Agreement with UWCCR for the purchase of computer hardware equipment under the Digital Equity Response Program.
Local Business Enterprise (LBE): Not applicable.
Attachment 2
ARPA Reinvestment Fund (Fund 1003) $112,313,331
Program Description Approved
Expenditure Category
Aggie Square Job Center 1,000,000 3
Al Fresco Dining Program Development 189,139 1
Animal Services for the Homeless (ASHR) Response Team 753,230 2 ARPA Grant Liaison Consulting Services 530,490 5
Arts and Cultural Nonprofits 250,000 4
Arts and Cultural Nonprofits Grant Matching Funds 2,000,000 4 Arts Journalism Grant Program 250,000 4
Business Compliance Unit (BCU) Night Team 1,656,101 5
Center for Workers' Rights 550,000 3
Childcare Services 1,500,000 3
Citywide Equity Study 250,000 1
Code Enforcement 205,683 2
Community Response Staffing Expansion 1,025,157 2
Comprehensive Siting Plan - Location Buildout 3,869,400 2 Comprehensive Siting Plan - Meadowview Acres Tree Removal 224,999 5 Comprehensive Siting Plan - Property Acquisition 12,783,299 2 Continuation of Existing Homelessness Programming 6,283,277 2 COPS Hiring Program Grant Matching Funds 4,057,327 5
COVID-19 Homeless Response Program 1,650,000 2
Creative Businesses 1,750,000 4
Creative Economy Focused Youth Workforce Development 1,500,000 4 Direct Investment Program 750,000 3
Downtown Core and Old Sacramento Revitalization 3,675,000 1 Food Justice Task Force 1,000,000 3
Forensiclean Extended Services 1,000,000 2
Gang Prevention and Intervention 1,500,000 3
Homeless and Housing Commitment 8,530,664 2
Illegal Dumping Support 787,000 2
Individual Artists and Creatives 2,750,000 4
K Street Lighting 619,150 1
Labor Negotiations 9,893,510 5
Lighting and Safety Enhancement 1,325,000 1
Local Food Bank Provider Support 500,000 3
Northgate Boulevard Economic Recovery Plan 5,000,000 1
North Sacramento Code Enforcement and Outreach 450,000 1 North Sacramento Economic Recovery Plan 5,000,000 1
Public Records Staffing 3,639,334 5
Public Works Support of Homelessness Programming 572,000 2 Respite Centers Program 2,240,290 2
American Rescue Plan Act (ARPA) Reinvestment Fund Programs (reflects Council actions through 9/20/2022)
Attachment 2
Program Description Approved
Expenditure Category
Sacramento Inclusive Economic Development Collaborative 3,500,000 1 Sacramento Native American Health Center 100,000 1
#SacYouthWorks Summer 2022 Program 720,000 3
Small Business Priorities 7,391,711 1
Substance Use Respite and Engagement Program 1,300,000 2 Tourism Recovery through Iconic Event Production 1,500,000 4 Towing Administration Fee Reform 200,000 1
Vaccine Outreach and Education 1,000,000 1
Workforce Training Programs 2,750,000 3
Youth Pop-Up Program 1,300,000 3
$111,271,761
ARPA Balance $1,041,570
Allocation of ARPA by Mayor/Council Priorities Category Funding Small Business and Commercial Corridor Revitalization 1 28,700,000 Homeless and Housing Commitment 2 41,000,000
Youth, Workforce Training, and Gang Prevention 3 11,570,000 Arts, Creative Economy, and Tourism 4 10,000,000
Citywide Organizational Needs 5 20,001,761
Total 111,271,761$
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ARPA Reinvestment Fund Grant Agreement
This ARPA REINVESTMENT FUND GRANT AGREEMENT, dated _______________, 20__, for purposes of identification, is between the CITY OF SACRAMENTO, a California municipal corporation (the “City”), and United Way California Capital Region (“UWCCR”), a California non-profit corporation (the “Grantee”).
Background
In response to the world-wide spread of the respiratory illness coronavirus disease 2019 (COVID-19), the Federal Health and Human Services Secretary declared a national public health emergency in the United States on January 31, 2020; Governor Gavin Newsom proclaimed a state of emergency in the State of California on March 4, 2020; the County of Sacramento proclaimed a public health emergency on March 5, 2020; the City Council declared it a local emergency on March 13, 2020; and on that same day, the President of the United States declared a national emergency.
On March 19, 2020, Governor Newsom issued Executive Order N-33-20, which ordered all California residents to stay home or at their place of residence except as needed to maintain operations of certain federal critical infrastructure sectors. That same day, the Public Health Officer of the County of Sacramento issued a similar stay-at-home order which made exceptions only to do essential activities, conduct essential government functions, and operate essential businesses. On June 15, 2021, the State moved forward with re-opening the economy and began the process of winding down many of the Executive Orders put in place since the beginning of the pandemic. Since that time, COVID-19 cases have increased substantially.
Prior to the reopening of the State, the federal American Rescue Plan Act of 2021 (“ARPA”) was signed into law on March 11, 2021. The ARPA builds upon previously enacted aid measures such as the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Under the ARPA, the City of Sacramento will receive approximately $112 million from the “Coronavirus Local Fiscal Recovery Fund” ($56 million in May 2021 and $56 million anticipated in May 2022) directly from the federal Department of the Treasury. The Assistance Listing Number assigned to ARPA funds is 21.027.
On October 19, 2021, the City Council adopted Resolution 2021-0313, which among other things, established the ARPA Reinvestment Fund (“ARPARF”), allocated $112.2 of ARPA funds to provide government services, and budgeted the resulting available resources in the ARPARF to assist with the recovery and reopening resulting from the impacts of COVID-19, including projects and programs to address small business and commercial corridor revitalization, homeless and housing, youth workforce training, and gang prevention.
The ARPA provides that payments from the Coronavirus Local Fiscal Recovery Fund may only be used: “(a) To respond to the public health emergency [with respect to the Coronavirus Disease 2019 (COVID-19)] or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and
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hospitality; (b) To respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers; (c) For the provision of government services to the extent of the reduction in revenue due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and (d) To make necessary investments in water, sewer, or broadband infrastructure.”
Based on the availability of ARF-allocated funds, the City has decided to provide funding to the Grantee to further the purposes of the ARPARF and ARPA, as provided in this agreement.
Digital access in the wake of the COVID-19 pandemic is a prerequisite for not only full and meaningful participation in our economy and society but has become a necessity for access to basic health care, food, and social services. In an effort to further leverage the framework established through the Digital Equity Response Program, this Grant Agreement will also assist with addressing the immediate need of insufficient or total lack of digital access created in the wake of the pandemic by providing computer equipment and accessories. This computer hardware equipment is an essential element needed to establish digital access. These resources will help support qualified individuals and families who lack adequate access and resources and whose needs are unmet by existing resources and who historically face barriers to digital resources and knowledge.
With these background facts in mind, the City and Grantee agree as follows:
1. Term. This agreement takes effect as described in section 10 and terminates on December 31, 2023, subject to early termination under section 7.
2. Disbursement of Funds. The City shall disburse to the Grantee a total sum not to exceed $250,000 in accordance with section 3 below. The funds disbursed by the City under this agreement are referred to as “ARPARF funds.” In no instance will the City be liable for any payments or costs in excess of this amount, for any unauthorized or ineligible costs, or for costs incurred after December 31, 2024.
3. Reimbursement Basis. The City will make payments to the Grantee in arrears as follows:
(a) Progress Payments. On a monthly basis, the Grantee shall provide the City with a written report on the progress made on the Authorized Activities (in accordance with section 8(f) below) and a detailed and properly documented invoice for reimbursement that must include a detailed accounting of costs already incurred in sufficient detail for the City, in its opinion, to substantiate the costs. The City will notify the Grantee within fifteen calendar days following receipt of its invoice and written report of any circumstances or data identified by the City that would cause withholding of approval and subsequent payment. The City may request any additional documentation it reasonably determines is needed to substantiate any request for reimbursement. The City reserves the right to withhold payment of unauthorized amounts. The City shall remit payment to Grantee within 30 days after invoice approval.
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(b) Final Payment. As a condition of receiving final payment under this agreement, the Grantee shall provide the City with (i) all of the documents described in section 3(a), above, covering the period since the Grantee last submitted a monthly payment request, and (ii) the closeout report required under section 8(h), below. The City may request any additional documentation it reasonably determines is needed to substantiate any request for reimbursement or that is needed to complete the closeout report. The City reserves the right to withhold payment of unauthorized amounts. The City shall remit payment to Grantee within 30 days after invoice and closeout report approval.
4. Authorized Uses. The following terms apply to the Grantee’s activities and expenditures related to this agreement:
(a) The Grantee may seek reimbursement solely for costs it incurs that are necessary to carry out the activities listed in attachment 1 (“Authorized Activities”) in accordance with the budget listed in attachment 2 (“Approved Budget”). If a term included in attachment 1 is stated as an obligation, then the Grantee is obligated to perform the term under this agreement.
(b) The Grantee may seek reimbursement solely for eligible costs that it incurs between the effective date of this agreement and December 31, 2024. If Grantee receives a refund or credit for any cost for which it received a payment of ARPARF funds, Grantee shall return ARPARF funds in an amount equal to the refund or credit to the City by check payable to the City and delivered to the City at the address shown in section 9 no later than 10 days following receipt of such refund or credit, unless otherwise agreed to, in writing, by the City.
(c) Any costs that are determined by subsequent audit to be unallowable are subject to repayment by the Grantee to the City within 60 days unless the City approves in writing an alternative repayment plan.
(d) The Grantee shall not use the ARPARF funds to supplant funding provided by the City to the Grantee under any other agreement. The Grantee shall include a term in every grant subaward agreement and contract that prohibits the subrecipient or contractor from using ARPARF funds to supplant funding provided by the City directly or indirectly to the subrecipient or contractor.
(e) If the Grantee has received other ARPA or ARPARF funds from the City, ARPA funds any other entity, or has received other federal funds (e.g., Coronavirus Relief Act funds, payroll protection act loan, etc.), Grantee shall not use the ARPARF funds awarded pursuant to this agreement to pay for direct or indirect costs already covered by the other federal funds, ARPA payments, or ARPARF payments.
5. Books and Records. During the term of this agreement and for five years after the termination or expiration of this agreement, the Grantee shall keep appropriate books, 4 Rev. 9-12-2022
records, and accounts in connection with the ARPARF funds and activities performed under this agreement and is subject to the following:
(a) The Grantee shall maintain all records related to this agreement in accordance with generally accepted accounting practices, including the following records: (i) general ledger and subsidiary ledgers used to account for the receipt of ARPARF funds and the disbursements of ARP funds to meet eligible expenses; (ii) budget records for all fiscal years covered by this agreement; (iii) payroll, time records, human resource records to support costs incurred for payroll expenses related to this agreement; (iv) receipts of purchases made related to this agreement; (v) contracts and subcontracts entered into using ARPARF funds and all documents related to such contracts; (vi) grant subaward agreements entered into using ARPARF funds and all documents related to such awards; (vii) all documentation of reports, audits, and other monitoring of contractors, subcontractors, the Grantee, and subrecipients; (viii) all documentation supporting the performance outcomes of contracts, subcontracts, grant subaward agreements, and this agreement; (ix) all internal and external email/electronic communications related to use of ARPARF funds; and (x) all investigative files and inquiry reports involving payment of ARPARF funds.
(b) The Grantee shall make its books, records, and accounts (both those that relate to this agreement and those that do not), employees, performance-related records, property, and equipment related to this agreement available to the City’s Accounting Manager (the “Accounting Manager”), the City Auditor, and any independent auditor at all reasonable times so that the Accounting Manager, City Auditor, or an independent auditor may determine whether the Grantee has complied with this agreement. If the City requests, the Grantee shall obtain and provide to the City, at the Grantee’s sole cost, an independent financial audit of the Grantee’s use of the ARPARF funds.
(c) Upon demand by the City, given in accordance with section 9, the Grantee shall reimburse the City for all ARPARF funds that the Accounting Manager, City Auditor, or an independent auditor determines were expended for activities other than Authorized Activities in accordance with this agreement, with reimbursement to be by check payable to the City and delivered to the City at the address shown in section 9.
6. Supervision or Discipline of Minors. The Grantee shall not employ a person, whether as an employee, contractor, or volunteer, in a position with supervisory or disciplinary authority over a minor in connection with this agreement if the person has been convicted of an offense identified in California Public Resources Code section 5164, subdivision (a)(2). To give effect to this section, the Grantee shall conduct a criminal background check on each person it employs in a position with supervisory or disciplinary authority over a minor.
7. Termination. The City may terminate this agreement if the City Manager determines that:
(a) The Grantee has failed to perform, or has performed unsatisfactorily, any term of this agreement, including failing to use the ARPARF funds solely for Authorized Activities; 5 Rev. 9-12-2022
(b) The Grantee has made (with or without knowledge) any material misrepresentation of any nature with respect to any information or statements furnished to City in connection with this agreement; or
(c) There is pending litigation with respect to the performance by Grantee of any of its duties or obligations under this agreement that may materially jeopardize or adversely affect the undertaking of or the carrying out of the Authorized Activities.
8. Pass-through Entity and Subrecipient Requirements. In connection with its activities and expenditures related to this agreement, the Grantee shall do the following:
(a) The Grantee shall follow the City’s procurement standards in AP4001, AP4101, AP4102, and AP4002 when contracting for goods, services, or public projects (as defined in AP4002);
(b) The Grantee shall comply with the provisions of title 24, Code of Federal Regulations, Part 24, relating to the employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status;
(c) The Grantee shall enter into a written grant subaward agreement for each subaward of ARPARF funds that the Grantee makes to a subrecipient;
(d) The Grantee shall enter into a written contract when it purchases goods or services using ARPARF funds;
(e) The Grantee shall ensure that each written grant subaward agreement for a subaward of ARPARF funds imposes on the subrecipient all the obligations that this agreement imposes on the Grantee;
(f) On a monthly basis, the Grantee shall provide the City with a written report on the progress made on the Authorized Activities. This monthly report must include all the following: (i) a narrative explanation of the Grantee’s progress toward all goals set forth in the Authorized Activities; (ii) an itemized list of all expenditures of ARPARF funds to date, including the amount of any subaward and the name of each subaward recipient and the names of any contractors paid with ARPARF funds and the amount paid; and (iii) any other information the City may request to demonstrate that the ARPARF funds are being used solely for Authorized Activities and in accordance with this agreement and all applicable laws;
(g) Upon the request of the City, the Grantee shall provide the City with an annual recovery plan performance report that provides information on how the Grantee is planning to ensure project outcomes are achieved in an effective, efficient, and equitable manner, and the Grantee’s progress on key performance indicators determined by the City (each 6 Rev. 9-12-2022
such report, a “Report”). If the City requests a Report by April 1st of the year, the Grantee shall deliver the Report to the City no later than July 15 of each year; and
(h) No later than sixty days following the final disbursement of ARPARF funds under this agreement, the Grantee shall provide the City with a closeout report that includes all the following: (i) an itemized list of all expenditures of ARPARF funds; (ii) the name of each subrecipient of ARPARF funds; (iii) the name of each contractor who is paid with ARPARF funds; (iv) the amount of each subaward of ARPARF funds; (v) the amount of each contract for the purchase of goods or services that is paid for in whole or in part with ARPARF funds; (vi) a copy of each grant subaward agreement between the Grantee and a subrecipient for a subaward of ARPARF funds; (vii) a copy of each contract for the purchase of goods or services that is paid for in whole or in part with ARPARF funds; (viii) all information required to be reported under attachment 1; and (ix) any other information that the City may request to demonstrate that the ARPARF funds were used solely for Authorized Activities in accordance with this agreement. The Grantee shall include with the report a certification that it used the ARPARF funds solely for Authorized Activities in accordance with the terms of this agreement. (i) Grantee shall track and provide to the City data regarding Grantee’s geographic and demographic distribution of funding, including whether it was provided to those traditionally marginalized communitites or populations with significant barriers to services listed in Attachment 3.
9. Notices. Any notice, request, report, or demand under this agreement must be in writing and will be considered properly given and effective only when mailed or delivered in the manner provided by this section 9 to the persons identified below or their successors. A mailed notice, application, request, report, or demand will be effective or will be considered to have been given on the third calendar day after it is deposited in the United States Mail (certified mail and return receipt requested), addressed as set forth below, with postage prepaid. A notice, application, request, report, or demand sent in any other manner will be effective or will be considered properly given when actually delivered. Any party may change its address for these purposes by giving written notice of the change to the other party in the manner provided in this section.
If to the City:
City of Sacramento
Office of the City Manager
915 I Street, 5th Floor
Sacramento, California 95814
Attention: Genevieve Levy, Sr. Director of Impact
If to the Grantee:
United Way California Capital Region
10389 Old Placerville Rd.
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Sacramento, CA 95827
Attention: Thomas Bennett, Sr. Vice President
10. Effective Date. This agreement is effective on the date that all parties have signed it, as indicated by the dates in the signature blocks below.
11. Indemnity. The Grantee shall defend, hold harmless and indemnify the City, its officers and employees, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by the City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (collectively, “Liabilities”), including Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way related to this agreement, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder or (ii) such Liabilities are litigated, settled or reduced to judgment, except that the foregoing indemnity does not apply to liability for any damage or expense for death or bodily injury to persons or damage to property to the extent arising from the sole negligence or willful misconduct of the City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the direct supervision and control of the Grantee.
12. Insurance. During the term of this agreement, the Grantee shall maintain insurance coverage as follows:
(a) Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Grantee, its subcontractors, products and completed operations of Grantee, its subcontractors, and premises owned, leased, or used by the Grantee, its subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy must provide contractual liability and products and completed operations coverage for the term of the policy. The policy must not include an exclusion for sexual abuse, physical abuse, or molestation.
(b) The minimum limits of insurance required by section 12(a) may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance must contain, or be endorsed to contain, a provision that it applies on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by the City, its officials, employees, or volunteers is in excess of such umbrella or excess coverage and does not contribute with it.
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(c) The City, its officials, employees, and volunteers must be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Grantee and its subcontractors; products and completed operations of Grantee and its subcontractors; and premises owned, leased, or used by Grantee and its subcontractors.
(d) The policies must contain, or be endorsed to contain, the following provisions:
(1) Grantee’s insurance coverage, including excess insurance, is primary insurance as respects the City, its officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees, or volunteers is in excess of Grantee’s insurance and does not contribute with it.
(2) Any failure to comply with reporting provisions of the policies does not affect coverage provided to the City, its officials, employees, or volunteers.
(3) Coverage must state that Grantee’s insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(e) The Grantee shall provide the City with 30 days’ written notice of cancellation or material change in the policy language or terms.
(f) Insurance must be placed with insurers with a Bests’ rating of not less than A:VI. Self- insured retentions, policy terms, or other variations that do not comply with the requirements of this section 12 must be declared to and approved by the City in writing prior to execution of this agreement.
(g) The Grantee shall furnish the City with certificates evidencing the insurance required.
The certificates must be forwarded to the City representative named in section 9.
Copies of policies must be delivered to the City on demand. Certificates of insurance must be signed by an authorized representative of the insurance carrier.
(h) For all insurance policy renewals during the term of this agreement, the Grantee shall send insurance certificates reflecting the policy renewals directly to:
City of Sacramento
c/o EXIGIS LLC
P.O. Box 947
Murrieta, CA 92564
Insurance certificates also may be faxed to (888) 355-3599, or e-mailed to:
[email protected]
(i) The City may withdraw its offer of contract or terminate this agreement if the certificates of insurance required have not been provided prior to execution of this
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agreement. The City may withhold payments to the Grantee or terminate the agreement if the insurance is canceled or the Grantee otherwise ceases to be insured as required by this section 12.
(j) Any available insurance proceeds in excess of the specified minimum limits and coverages must be made available to the City.
(k) The Grantee’s liability to the City is not in any way be limited to or affected by the amount of insurance coverage required or carried by the Grantee in connection with this agreement.
13. Conflicts of Interest. The Grantee, its officers, directors, employees, agents, and subcontractors shall not have or acquire any interest, directly or indirectly, that creates an actual or apparent conflict with the interests of the City or that in any way hinders the Grantee’s performance under this agreement.
14. Miscellaneous.
(a) Assignment. The Grantee may not assign or otherwise transfer this agreement or any interest in it without the City’s written consent, which the City may grant or deny in its sole discretion. An assignment or other transfer made contrary to this section 14(a) is void.
(b) Successors and Assigns. This agreement binds and inures to the benefit of the successors and assigns of the parties. This section 14(b) does not constitute the City’s consent to any assignment of this agreement or any interest in this agreement.
(c) Interpretation. This agreement is to be interpreted and applied in accordance with California law. Attachments 1 and 2 are part of this agreement.
(d) Waiver of Breach. A party’s failure to insist on strict performance of this agreement or to exercise any right or remedy upon the other party’s breach of this agreement will not constitute a waiver of the performance, right, or remedy. A party’s waiver of the other party’s breach of any term or provision in this agreement is not a continuing waiver or a waiver of any subsequent breach of the same or any other term or provision. A waiver is binding only if set forth in writing and signed by the waiving party.
(e) Severability. If a court with jurisdiction rules that any nonmaterial part of this agreement is invalid, unenforceable, or contrary to law or public policy, then the rest of this agreement remains valid and fully enforceable.
(f) Counterparts. The parties may sign this agreement in counterparts, each of which is considered an original, but all of which constitute the same agreement. Facsimiles, pdfs, and photocopies of signature pages of the agreement have the same binding effect as originals.
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(g) Time of Essence. Time is of the essence in performing this agreement.
(h) Compliance with all Laws, Requirements, and Orders. The Grantee shall comply with all applicable laws, regulations, orders of public officials, and requirements in connection with this agreement, including all non-discrimination and equal opportunity laws to ensure that Grantee does not deny benefits or services or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity).
(i) Authority to Sign. The person signing this agreement on Grantee's behalf represents that he or she is authorized to do so and that no further action beyond his or her signature is required to bind Grantee to this agreement. City shall have no obligations whatsoever under this agreement, unless and until this agreement is executed by the City Manager or the City Manager’s authorized designee.
(j) Tax Implications and Consequences. The City makes no representations as to the tax consequences associated with the disbursement of ARPARF funds related to this agreement, and any determination related to this issue is the sole responsibility of the Grantee. Grantee acknowledges consulting with its own tax advisors or tax attorneys regarding this transaction or having had an opportunity to do so prior to signing this agreement. Grantee acknowledges the City cannot provide advice regarding the tax consequences or implications of the ARPARF funds disbursed to Grantee under the terms of this agreement.
(k) Integration and Modification. This agreement sets forth the parties’ entire understanding regarding the matters set forth above and is intended to be their final, complete, and exclusive expression of those matters. It supersedes all prior or contemporaneous agreements, representations, and negotiations—written, oral, express, or implied—and may be modified only by another written agreement signed by both parties.
(Signature Page Follows)
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CITY OF SACRAMENTO,
a California municipal corporation
By: ____________________________
Leyne Milstein, Assistant City Manager
Dated: _______________, 2022
Attest
Sacramento City Clerk
By: ____________________________
Deputy City Clerk
Approved as to Form
Sacramento City Attorney
By: ____________________________
Senior Deputy City Attorney
GRANTEE
By: ____________________________
Dawnte Early, President & CEO
Dated: ________________, 2022
Dawnte Early (Oct 19, 2022 13:15 PDT)
October 19
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Attachment 1
Authorized Activities
The Digital Equity Program has been established for nearly two years and we believe this program helps to bridge the digital divide and will reduce disparities. Economic (jobs/health insurance/social services), health (information and outcomes), education, and workforce development training/certification are severely hindered without access to digital resources and knowledge. For example, those that already have digital access don’t experience the additional burden of day-to-day experiences such as travel to medical appointments that individuals could opt to do online. Another example, students who do not have sufficient internet bandwidth have additional burdens and difficulty accessing learning which can have a whole host of short and long term negative impacts.
Digital access provides additional connections within and between communities where barriers such as language would have limited opportunities for connection.
Development of a program that utilizes existing community connections has been proven to be more effective in deploying these services to our most vulnerable communities. Further, deployment of options for services addresses previous financial barriers as does provision of laptops and other hardware equipment (eliminates barriers of cash up front for hardware).
The Grantee shall implement a program to expand on the previously established Digital Equity Program, a collaborative partnership with United Way California Capital Region (UWCCR) and the City of Sacramento. The Digital Equity Program is designed to provide services to individuals and families who lack adequate digital access and resources, have needs which are unmet by existing resources, and historically face barriers to digital resources and knowledge.
This program seeks to connect the most vulnerable members of the community to services that they have difficulty attaining access to on their own for some of the following reasons:
language, age, financial barriers; lack of knowledge, cultural, distrust, physical accessibility to digital knowledge (how to use hardware and services), devices (laptop/hot spot), and services (in-home or hot spot).
When barriers to digital access are removed community members have the opportunity to be less isolated and fully participate in social and civic life. When all members of our community can participate, we open the door to reduced discrimination because more voices, experiences, and perspectives shape the policies and practices of society and the public and private institutions that impact our lives.
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During the period between July 1, 2021, through June 30, 2022, the program found that 73% of program applicants did not have a computer; and 40% of the applicants with a computer in their home borrowed that device. In addition, approximately 95% of applicants requested a computer which is a 20% increase over the previous year and is the largest program need.
Authorized Activities:
The “Authorized Activities” under this Program shall include the procurement of new and refurbished low-cost computers, tablets, and computer accessories through partner organizations like Computer 4 Kids or other community programs.
These resources shall be distributed to qualified individuals and/or family members who live in the City of Sacramento and were disproportionately impacted by COVID as defined in Title 31 of the Code of Regulations, section 35.6(b)(2), including households residing in a 2021 or 2022 Qualified Census Tract, low- or moderate-income households, as well as households qualifying for public assistance programs such as the Children’s Health Insurance Program, Temporary Assistance for Needy Families, the Supplemental Nutrition Assistance Program, Free and Reduced Price School Lunch/Breakfast programs, Medicaid, Medicare Part D Low-income Subsidies, Supplemental Security Income, Head Start, Early Head Start, the Special Supplemental Nutrition Program for Women, Infants, and Children, Section 8 Vouchers, Lo-Income Home Energy Assistance Program,
A partnership with a wide variety of CBO’s, Stakeholders, and other partners will continue to be developed and coordinated with our community engagement division. The City of Sacamento’s community engagement team has extensive experience in involving diverse aspects of the community through a variety of methods such as, but not limited to, communication in multiple languages (print, radio, and video) and deep partnerships with education, neighborhoods, service providers, and faith-based organizations. There are a multitude of tools and partnerships that will be leveraged and coordinated through the City’s community engagement division to engage diverse communities.
1. Authorized Activities shall also include:
(a) Providing oversight, fiscal monitoring, and management of training and technical assistance for the Program.
(b) Attempting to achieve the following outcomes:
(1) Individual outcomes:
A. Increase the number of individuals with access to computers and home Internet;
B. Improve digital literacy of the targeted population; 14 Rev. 9-12-2022
C. Improve digital skills, employment opportunities and professional development for targeted populations through an increase in partner organizations; and
(2) Community Outcomes:
A. Remove barriers to digital access to allow community members the opportunity to be less isolated and fully participate in social, health, and civic life; and
B. Support equitable access to digital services, devices, training, and the knowledge necessary for Sacramento residents to connect to essential community, education, medical, and government services.
(3) Systems Outcomes: This program will help reduce disparities. Economic (jobs/health insurance/social services), health (information and outcomes), education, and workforce development training/certification are severely hindered without access to digital resources and knowledge.
(c) Identifying the evidence base for the Program that supports the Program’s efficacy at achieving the outcomes identified in section 1(b) (e.g., studies conducted on the proposed program with positive findings on one or more of the intended outcomes); (1).
(d) Evaluating the efficacy of the proposed program at achieving the intended outcomes; has been proven over the past two years working in partnership with UWCCR and the Community Based Organization (CBO)s.
2. The Grantee shall document and report the following information to assist the City in measuring the effectiveness and outcomes of the Program and the Grantee’s performance under this agreement:
(a) Brief description of Grantee’s approach to ensuring that aid is provided to inviduals or households suffering from the negative economic impacts of COVID-19;
(b) Detailed description of the geographic and demographic distribution of funding, including whether it was provided to traditionally marginalized communitites or populations with significant barriers to services, including people of color, people with low incomes, limited English proficient populations, and other traditionally underserved groups;
15 Rev. 9-12-2022
(c) Qualitative and quantitative data on how Grantee achieved or promoted equitable outcomes and progress toward equity goals (the City shall provide the Grantee with the required demographic questions);
(d)
(e) Number of individuals and households participating in Program-funded project and programmatic strategies, practices, and interventions; and
16 Rev. 9-12-2022
Attachment 2
Budget Table and Narrative
Purpose:
The purpose of the Budget Narrative is to provide support and an explanation for the amounts requested in the Budget Table (itemized cost list).
The Grantee must provide cost information for each applicable category listed below and explain how the requested funds will allow the Grantee to achieve the program goals. If you are not expending funds for a particular category, list $0 for that category in your narrative and cost list. Each expenditure must be supported by a justification to support the cost. All costs must be reasonable and allocable.
Cost Categories:
A. Direct Costs, including:
Salaries and Benefits: List the classification/title, percentage of ti me, salary or hourly rates, and benefits costs (if applicable) for every person funded by the grant. Briefly describe each position’s roles and responsibilities for grant activities.
Services and Supplies: Itemize all services and supplies to be purchased with grant funds to support the grant activities. If utilizing a subcontractor for professional or non-professional services, list subcontractor names (if known) and the amount of funds to be allocated to such services. Marketing Expenses: Costs related t o advertising the program services to the target audience.
Equipment/Fixed Assets: Itemize any equipment or fixed assets to be purchased with grant funds. List each piece of equipment or fixed asset separately. Program Evaluation: Itemize all costs associ ated with evaluating progress toward the program goals.
Other: Itemize any other direct costs that are not listed in the categories above.
B. Indirect Costs:
Indirect Costs: Itemize indirect costs. Please note that the indirect costs cannot total more than 10% of the total direct costs, unless the Grantee has an established Negotiated Indirect Cost Rate with a federal agency. If so, the Grantee must submit the indirect cost rate agreement as an attachment to justify its indirect costs.
Budget Table (Itemized Cost List)
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*Within each cost category in blue, expenses should be itemized in sufficient detail to allow the City to determine the allocability and reasonableness of the expense (e.g., salary and benefits should be listed for each position, and sub-awards should be itemized).
**Indirect costs cannot total more than 10% of the total direct co sts, unless the Grantee has an established Negotiated Indirect Cost Rate with a federal agency.
Cost Categories* A. Grant Funds B. Cash Match
(if any)
C. In-Kind
Match (if any) D. Total (A+B+C)
1. Salaries and Benefits $20,000 S0 S0 $20,000
2. Supplies S0 S0 S0 S0
3. Non-professional Services S0 S0 S0 S0
4. Professional Services S0 S0 S0 S0
5. Sub-awards to Partners S0 S0 S0 S0
6. Marketing Expenses $0 $0 $0 $0
7. Equipment/Fixed Assets $210,000 S0 S0 $210,000
8. Program Evaluation S0 S0 S0 S0
9. Other Direct Costs S0 S0 S0 S0
DIRECT COST SUBTOTAL $230,000 $0 $0 $230,000
10. Indirect Costs** S20,000 S0 S0 $20,000
TOTAL (Direct Cost Subtotal
+ Indirect Costs) S250,000 S0 S0 $250,000
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Narrative:
A. Direct Costs:
Digital Equity (DE) Program Manager
o 1.0 FTE
o Overall Salary = $72,160.08
o Benefits = $10,824.01
o Payroll taxes = $6,133.61
Total employee cost: $89,117.70
Program Manager tasks associated with the procurement, distribution and support of provide laptops to City of Sacramento eligible residents. Salary and benefit cost requested: $20,000.
Outreach:
Coordinate with partner agencies for outreach assistance UW creates and provides program fliers with details on applying Maintain DE page and application portal on UW website Setting up website, coordinating with Marketing Team for website wording language/layout/interface with ScreenDoor (application portal) Negotiate relevant contracts and MOUs, including with 2-1-1 for phone assistance support
Social media outreach, website updates
Application Review:
Daily screening of applications (2000-2400 applications expected for this contract term), this includes completing phone calls to verify information, uploading documents, verifying address and income eligibility
Connect eligible applicants with closest partner
Maintain ScreenDoor (application portal)- assign partners to applicants, reconcile duplicate applications, change status in system, keep track of ineligible applicants.
Where appropriate, connect ineligible applicants with relevant resources for free internet they may qualify for and discount device resources.
Invoicing/Budgeting:
Download data and create reports at least monthly and quarterly Internal procedures, submitting documentation and details to internal Finance Review internal budget progress every two weeks
Inventory, Price, and Purchase Equipment:
Meet with C4K to discuss order, receive invoice, process invoice and payment Anticipate ordering, tracking, and distributing 1600-1800 computers with this ARPA funding
Ordering – monitor inventory, assess prices (e.g., bulk vs. quarterly purchasing), place orders.
Coordinate with five to six partners to set dates and times for pickup and delivery 19 Rev. 9-12-2022
Limited manual labor to assist with pick-up/loading/delivery/drop-off
Home visits and digital literacy assistance:
Home delivery when applicants do not live near community partner or cannot go to partner/ extenuating circumstances (last program year dropped off about 20 computers).
Visit homes if need help with internet; visited and helped 5 households (mostly elderly). Anticipate this number will be higher since we are now focused on how to utilize ACP to increase connectivity rates
Customer service and digital literacy assistance:
Assist eligible applicants and those who have already received internet service with internet sign on, email set-up/sign on, utilizing hot spots and computers.
Average calls are 5-10 per week.
Field email inquiries from potential applicants, participants, partner agencies, etc Signing up for internet:
Assist eligible applicants with application for free or discounted internet. This can take anywhere from an hour to a few days to ensure someone gets signed up for internet depending on different factors such as: client’s comfortability with technology, questions client might have, and responsiveness of internet service provider.
Affordable Connectivity Program (ACP): Assist eligible applicants to complete the National eligibility application, contact regional providers to determine which, if any, discounts apply to the participant’s bill,
Meetings with partners:
Bi-weekly meeting with agency partners
Monthly and quarterly meetings with external organizations, with new organizations anticipated (e.g., SETA, Health Education Council, and Valley Vision)
B. Indirect Costs – 8%
Indirect Salaries – Finance team for invoicing/processing payments to vendor/internal grant management; time from Senior Manager of Partnerships, time from Senior Director Impact
Utilities
Internet and Phone
Accounting expenses
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Attachment 3
Demographic Data Collection and Reporting
Grantee shall request voluntary responses regarding the following demographic questions from all program participants. A “program participant” means any person receiving services funded by City of Sacramento American Rescue Plan Act or American Rescue Plan Act Reinvestment Grant funds. Grantee shall track the number of program participants that did not respond to each question so that the total number of reported responses equals the total number of program participants.
Race/Ethnicity
What is your ethnicity? (Choose all that apply)
o Asian - A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including for example Cambodia, China, Hmong, Japan, Korea, Malaysia, Pakistan, Thailand, and Vietnam. o Black or African American (not of Hispanic origin) - A person having origins in any of the Black racial groups of Africa.
o Filipino (not of Hispanic origin) - All persons having origins from the Philippine Islands.
o Hispanic or Latino/Latinx - A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. o Middle Eastern or North African - All persons having origins in any of the original peoples of the Middle East or North Africa.
o Native American or Alaska Native (not of Hispanic origin) - A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. o Native Hawaiian or other Pacific Islander - A person having origins in any of the peoples of Hawaii, Guam, Samoa, or other Pacific Islands. o White (not of Hispanic origin) - A person having origins in any of the original peoples of Europe.
o More than one - Persons who identify with two or more racial/ethnic categories named above.
o Don’t know
o Prefer not to say
o Prefer to self-describe _______________________
Sex
I identify my sex as: (Please select one)
Sex is defined as a term assigned at birth is defined as a term used to refer to the chromosomal, hormonal and anatomical characteristics that are used to classify an individual as female or male or intersex.
o Female is defined as “a person with XX chromosomes usually has female sex and reproductive organs and is therefore usually assigned biologically female. o Male is defined as “a person with XY chromosomes usually has male sex and reproductive organs and is therefore usually assigned biologically male.” o Intersex is “an umbrella term for differences in sex traits or reproductive anatomy. Some people are born with bodies that are a little different from what we think of as standard “male” or “female” bodies.”
o Prefer to self-describe:________________
o Prefer not to say
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Gender Identity
How do you describe yourself? (Choose all that apply)
Gender identity is defined as a person’s internal sense of their own gender. o Cisgender man is “a term for a man whose gender identity and sex assigned at birth correspond in a way that is culturally accepted”.
o Cisgender woman is “a term for a woman whose gender identity and sex assigned at birth correspond in a way that is culturally accepted”. o Genderqueer refers to “people [who] typically reject notions of static categories of gender and embrace a fluidity of gender identity and often, though not always, sexual orientation. People who identify as "genderqueer" may see themselves as being both male and female, neither male nor female or as falling completely outside these categories”. o Non-binary is “an adjective describing a person who does not identify exclusively as a man
or a woman. Non-binary people may identify as being both a man and a woman, somewhere in between, or as falling completely outside these categories. While many also identify as transgender, not all non-binary people do”. o Gender non-conforming is “a term used to describe a person whose gender identity and/or expression does not conform within the traditional binary of masculine or feminine.”
o Questioning is defined as “a term for someone who is questioning or exploring their sexual orientation or gender identity”.
o Transgender man is defined as “a man who was assigned female at birth. o Transgender woman is defined as “a woman who was assigned male at birth. o Two-Spirit is defined as “a person who identifies as having both a masculine and a feminine spirit and is used by some Indigenous people to describe their sexual, gender and/or spiritual identity”.
o Preferred response not listed (Please specify):
o Prefer not to say
Sexual Orientation
What do you consider yourself? (Choose all that apply)
Sexual orientation is defined as a person’s sexual, emotional, physical, or psychological attraction to other people.
o Asexual is defined as “having a lack of (or low level of) sexual attraction to others.” o Bisexual is defined as “a term for someone who is attracted to individuals of more than one gender identity.”
o Gay is defined as “a term for someone who is attracted to members of their same gender.”
o Lesbian is defined as “A term for someone who identifies as a woman and is attracted to other women.”
o Heterosexual is defined as “a tendency to direct sexual desire toward the opposite sex.”
o Pansexual “describes someone who has the potential for emotional, romantic or sexual
o attraction to people of any gender though not necessarily simultaneously, in the same
o way or to the same degree.”
o Queer is defined as “an umbrella term to describe individuals who don’t identify as heterosexual and/or cisgender."
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o Questioning is defined as “a term for someone who is questioning or exploring their sexual orientation or gender identity.”
o Preferred response not listed (Please specify): _________________________ o Prefer not to say
Age
What is your age (years old)?
o Under 5
o 5-10
o 11-13
o 14-18
o 19-24
o 25-39
o 40-49
o 50-61
o 62-70
o Over 70
o Prefer not to say
Language
If not English, what is your primary language spoken at home? o Spanish
o Vietnamese
o Simplified Chinese
o Traditional Chinese
o Hmong
o Tagalog
o Russian
o Hindi
o Farsi or Dari
o Other (Please specify): _________________________________ o Prefer not to say
Cassy Vaioleti (Oct 19, 2022 11:02 PDT)
RESOLUTION NO. 2022-
Adopted by the Sacramento City Council
ARPA Framework and Funding Priorities: Digital Equity Response Program
BACKGROUND
A. On March 4, 2020, Governor Newsom proclaimed a State of Emergency as a result of the threat of the coronavirus disease (COVID-19) in the State of California
B. On March 5, 2020, the County of Sacramento proclaimed a public health emergency as a result of the threat of COVID-19 (pandemic) in the county.
C. On March 13, 2020, the City Council adopted a resolution declaring a local emergency relating to the pandemic.
D. On March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law making available $350 billion through the State and Local Fiscal Recovery Funds (SLFRF) to assist states, tribal governments, and local governments with the reopening and recovery from the adverse health and economic impacts caused by COVID-19. The City of Sacramento became eligible for $112.2 million.
E. On August 24, 2021, the City Council held a workshop to discuss the Mayor’s proposed ARPA Framework and Funding Priorities. During the workshop, the City Council and stakeholders expressed overall interest in funding programs and projects in the following areas: Small Business and Commercial Corridor Revitalization; Homeless and Housing; Youth, Workforce Training and Gang Prevention; Arts and the Creative Economy; and Valuing City Employees and Addressing Organizational Needs.
F. On September 14, 2021, City Council adopted the Mayor’s proposed ARPA Framework and Funding Priorities and directed the City Manager, City Attorney, City Auditor, City Treasurer, and City Clerk to implement City Council direction consistent with the adopted ARPA Framework. The adopted Framework and Funding Priorities included an allocation of $250,000 to narrow the digital divide to ensure digital inclusion in the City’s most underserved communities.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND AND STAFF REPORT, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Manager or the City Manager’s designee is authorized to transfer $250,000 from the available fund balance of the ARPA Reinvestment Fund (Fund 1003) to the expenditure budget of the Digital Equity Multi-Year Operating Project (I07001100).
Section 2. The City Manager or the City Manager’s designee is authorized to execute an American Rescue Plan Act Grant Agreement in an amount not to exceed $250,000 with United Way California Capital Region for the purchase of computer hardware equipment for the Digital Equity Response Program.