FOR THE COUNCIL MEETING OF FEBRUARY 15, 2022
COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared By: Chief Information Officer
SUBJECT: REQUEST TO APPROVE A SUBRECIPIENT AGREEMENT FOR THE
REGIONAL BROADBAND STRATEGIC PLAN
RECOMMENDATION:
That the City Council adopt a Resolution approving a Subrecipient Agreement with the Santa Barbara County Association of Governments (SBCAG) for the Santa Barbara County Broadband Strategic Plan.
BACKGROUND:
The City Council adopted Resolution No. 2021-124 at the November 2, 2021, City Council Meeting to approve a Memorandum of Understanding (MOU) with SBCAG, Santa Barbara County, and the cities of Santa Barbara, Lompoc, Goleta, Carpinteria, Guadalupe, Solvang, and Buellton to develop a strategic broadband plan to improve the availability and affordability of high-speed internet to the region. The MOU names SBCAG as the administrative agency for the project and outlines the responsibilities of the participating entities. Each of the participating entities has agreed to support the project financially and to provide technical and administrative assistance, as needed. The City has agreed to contribute $69,810.05 to the project and will use funds received by the City through the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund (SLFRF).
DISCUSSION:
Since SBCAG is a subrecipient of SLFRF funds granted to the City, the Subrecipient Agreement outlines the roles and responsibilities associated with each entity. The City agrees to monitor the performance of SBCAG in its consistency with the terms and scope of the project. Under the Subrecipient Agreement, SBCAG agrees to specific provisions including authorized use of the funds, project reporting requirements, maintenance and access to project records, restrictions on pre -award costs, use of funds for direct and indirect costs, and compliance with applicable laws and regulations.
Alternatives:
The City Council can choose to fund the regional broadband strategic plan project with funds other than SLFRF funds to eliminate the need for the Subrecipient Agreement.
Fiscal Impact:
$69,810.05 of SLFRF dollars.
Impact to the Community:
The successful completion of the strategic planning project will provide a clear roadmap for bringing more affordable high-speed internet to the City of Santa Maria and the region. It will lay the foundation for a systematic approach to broadband construction projects.
JEFF MARE
Chief Informa`tfon Officer
ANDREW HACKLEMAN
Assistant City Manager
Attachment: Subrecipient Agreement
MEMORANDUM OF UNDERSTANDING
BETWEEN THE:
SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS, COUNTY OF SANTA
BARBARA, AND THE CITIES OF BUELLTON, CARPINTERIA, GOLETA, GUADALUPE,
LOMPOC, SANTA BARBARA, SANTA MARIA AND SOLVANG
for
PREPARING A REGIONAL BROADBAND STRATEGIC PLAN FOR THE SANTA BARBARA
COUNTY REGION
This Memorandum of Understanding (MOU) is hereby entered into by and between the Santa Barbara County Association of Governments referred to herein as "SBCAG", and the County of Santa Barbara as well as Cities of Buellton, Carpinteria, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, and Solvang individually referred to herein as "AGENCY", or, collectively, including SBCAG, as the "AGENCIES."
RECITALS:
WHEREAS, SBCAG is a Joint Powers Authority, which serves as the Metropolitan Planning Organization for the region;
WHEREAS, the AGENCIES agree to work together on the development of the Regional Broadband Strategic Plan;
WHEREAS, the AGENCIES agree to financially participate to cover the expenses of the Regional Broadband Strategic Planning effort;
WHEREAS, SBCAG shall be the administrative entity for the Regional Broadband Strategic Planning effort during the term of this MOU;
WHEREAS, SBCAG, as the administrative agency, will work with the Broadband Consortium of the Pacific Coast (BCPC) to assist the region with the development of the Regional Broadband Strategic Plan.
NOW, THEREFORE, the AGENCIES agree to the following:
1. ROLES AND RESPONSIBILITIES. Under this MOU, the AGENCIES agree to work together to:
A. Cooperate in developing a Regional Broadband Strategic Plan, including but not limited to, identifying improvement needs, funding options and strategies, economic impacts, and benefits;
B. Designate a technical contact person(s) to assist in planning for Broadband infrastructure and support the invoicing process;
C. Actively participate in the planning process by attending meetings and providing comments and input where appropriate;
D. Pay the invoice for the Broadband Strategic Plan;
E. The name for the working body under this mutual understanding will be known as the "BROADBAND ALLIANCE OF SANTA BARBARA COUNTY (ALLIANCE)"; and F. SBCAG to serve as the administrative agent and secretary for the ALLIANCE.
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
2. ADMINISTRATIVE ENTITY. SBCAG shall serve as the administrative entity of the ALLIANCE, SBCAG shall:
A. Upon approval by the SBCAG Board, enter into an agreement with BCPC, in compliance with SBCAG's purchasing policy to develop a Broadband Strategic Plan for the Santa Barbara County region and to provide oversight of the agreement with BCPC; B. Upon approval by the SBCAG Board, enter into Federal Subrecipient agreements to receive federal funds in support of this MOU;
C. Act as the fiscal agent, and serveas the custodian of the financial contributions by the AGENCIES and deposit contributions in a separate fund;
D. Pay all invoices from the BCPC from the separate fund consisting of the single payments made by the AGENCIES;
E. Liaison with the AGENCIES governing bodies on topics and issues related to the Broadband Strategic Plan;
F. Conduct meetings with the AGENCIES' designee to solicit input and formulate Broadband Strategic Plan recommendations for the SBCAG Board; G. Provide opportunities to solicit stakeholder and public input in the development of the Broadband Strategic Plan;
H. Conduct consultation and coordination with the Santa Ynez Band of Chumash Indians Tribal Government;
I. In coordination with the BCPC, participate in federal and statewide meetings, and consortiums to inform the Broadband Strategic Plan development, engage in broader broadband discussions, and advocate for Santa Barbara County needs and priorities; J. Submit required reporting for America Rescue Plan Act funding; and K. Conduct required audits.
3. TERM & TERMINATION. This MOU is effective as of January 1, 2022, and shall expire on December 31, 2022, unless the AGENCIES agree otherwise. Any AGENCY may terminate its participation from this MOU upon 30 -days written notification to the other AGENCIES.
4. FINANCIAL RESPONSIBILITIES.
A. Each AGENCY shall pay the following contribution based on a population formula:
Jurisdiction
2021 DOF
Population
Estimate % Contribution
Buellton
Carpinteria
5,435
1.77% $3,531.27
13,196 4.29%
$8,573.81
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
Goleta 32,339 10.51% $21,011.56
Guadalupe 8,346 2.71% $5,422.63
Lompoc 42,493 13.80% $27,608.90
Santa Barbara 93,055 30.23% $60,460.46
Santa Maria 107,445 34.91% $69,810.05
Solvang 5,512 1.79% $3,581.30
County of Santa
Barbara n/a n/a $200,000.00
Total 307,821 $400,000.00
B. Contributions shall be used to develop a Regional Broadband Strategic Plan for the Santa Barbara County region.
C. Financial contributions are payable by February 1, 2022.
5. MUTUAL INDEMNIFICATION. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the AGENCIES pursuant to California Government Code Section 895.6, the AGENCIES agree that all losses or liabilities incurred by a Party shall not be shared pro rata but instead all AGENCIES agree that pursuant to California Government Code Section 895.4, each of the AGENCIES hereto shall fully indemnify and hold each of the other AGENCIES, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by California Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such Party under this MOU. No AGENCY or SBCAG, nor any officer, board member, employee or agent of any AGENCY or SBCAG shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other AGENCIES hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other AGENCIES under this MOU.
6. GENERAL TERMS & CONDITIONS.
A. Entire MOU and Agreement. In conjunction with the matters considered herein, this MOU contains the entire understanding and agreement of the AGENCIES and there have been no promises, representations, agreements, warranties, or undertakings by any of the AGENCIES, either oral or written, of any character or nature hereafter binding except as set forth herein. This MOU may be altered, amended, or modified only by an instrument in writing, executed by the AGENCIES to this MOU and by no other means. Each AGENCY and SBCAG waives its future right to claim, contest or assert that this MOU was modified, canceled, superseded, or changed by any oral agreements, course of conduct, waiver or estoppel.
B. Nondiscrimination.
i. Each AGENCY and SBCAG shall comply with Title VI of the Civil Rights Act of 1964, as amended, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
person on the basis of race, color, national origin (42 U.S.C. Section 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, Title 31 Code of Federal Regulations (CFR) Part 22, which are herein incorporated by reference and made a part of this MOU. Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this MOU. Each AGENCY and SBCAG also shall not discriminate on the basis of sex in the performance of this MOU.
H. In addition, the County of Santa Barbara's Unlawful Discrimination Ordinance (Article XIII of Chapter 2 of the Santa Barbara County Code) applies to this MOU and is incorporated by reference herein. In addition, the Assurance of Compliance with Civil Rights Requirements attachment applies to this MOU and is incorporated by reference herein.
C. Non -assignment. AGENCIES shall not assign, transfer or subcontract this MOU or any of its rights or obligations without the prior written consent of each AGENCY and any attempt to so assign, transfer, or subcontract without such consent shall be void and without legal effect.
D. Headings. The headings of the several sections shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof.
E. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this MOU shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
F. Compliance with Law. Each AGENCY and SBCAG shall, at its sole cost and expense, comply with all State and federal ordinances and statutes, including regulations now in force or which may hereafter be in force with regard to this MOU. The judgment of any court of competent jurisdiction, or the admission of any AGENCY or SBCAG in any action or proceeding against an AGENCY or SBCAG, whether any other AGENCY or SBCAG is a party thereto or not, that an AGENCY or SBCAG has violated any such ordinance statute, or regulation, shall be conclusive of that fact.
G. Jurisdiction & Venue. This MOU shall be governed by the laws of the State of California.
Any litigation regarding this MOU or its contents shall be filed in the County of Santa Barbara, if in State court, or in the federal district court nearest to San Luis Obispo County, if in federal court.
H. Authority. All signatories and AGENCIES to this MOU warrant and represent that they have the power and authority to enter into this MOU in the names, titles and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any State and/or federal law in order to enter into this MOU have been fully complied with.
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
I. Execution of Counterparts. This MOU may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the AGENCIES shall preserve undestroyed, shall together constitute one and the same instrument.
J. Survival. All provisions of this MOU which by their nature are intended to survive the termination or expiration of this MOU shall survive such termination or expiration.
K. No Separate Legal Entity. AGENCIES agree ALLIANCE is a multi -jurisdictional recommending agency that is not a separate legal entity and does not have powers of a decision -making body. The ALLIANCE cannot enter contracts, employ staff, apply for grants or other funding, incur debts, sue or be sued.
L. Conflict of Interest. Each AGENCY and SBCAG covenants that it presently has no employment or interest and shall not acquire any employment or interest, direct or indirect, including any interest in any business, property, or source of income, which would conflict in any manner or degree with the performance of services required to be performed under this MOU. Each AGENCY and SBCAG further covenants that in the performance of this MOU, no person having any such interest shall be employed by any AGENCY or SBCAG.
Each AGENCY must promptly disclose to SBCAG, in writing, any potential conflict of interest. SBCAG shall then promptly notify the County of Santa Barbara and the City of Santa Maria. Conflicts determined to be immaterial may be waived through written notice.
M. Mandatory Disclosure. Each AGENCY must disclose, in a timely manner, in writing to SBCAG all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the award. SBCAG shall promptly report any such violations to the County of Santa Barbara and the City of Santa Maria. Each AGENCY and SBCAG is required to report certain civil, criminal, or administrative proceedings to the System for Award Management (SAM) located at www.sam.gov . Failure to make required disclosures can result in any of the remedies described in 2 CFR §200.338 Remedies for noncompliance, including suspension or debarment. (See also 2 CFR part 180 and 31 U.S.C. 3321.)
N. Uniform Guidance. Each AGENCY and SBCAG shall comply with the requirements of Title 2, Code of Federal Regulations, Part 200, which are hereby incorporated by reference in this award.
O. Audits & Inspections. This MOU exceeds ten thousand dollars ($10,000.00) and thus is subject to the examination and audit of the California State Auditor for a period of three (3) years after final payment under this MOU (Cal. Gov. Code Section 8546.7).
AGENCIES shall participate in any audits and reviews at no charge. (Signatures on following pages.)
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
IN WITNESS WHEREOF, the AGENCIES hereto have executed this MOU to be effective once executed by all AGENCIES.
SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS:
Holly Sier
By' Chair, B
Date:
By:
B
.
of Directors
Attest:
Marjie Kirn
Executive Director
Clerk of the Board
c�
Approved as to Legal Form:
Rachel -n Mullem
Coun .unsel
puty ounsel for SBCAG
(Signatures continued on following pages.)
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
COUNTY OF SANTA BARBARA:
By:
Chair, Board of Supervisors
Date:
Attest: Approved as to Accounting Form:
Mona Miyasato Betsy M. Schaffer, CPA
County Executive Officer Auditor -Controller
Clerk of the Board
By: By:
Deputy Clerk Deputy
Approved as to Legal Form:
Rachel Van Mullem
County Counsel
Approved as to Form:
Risk Management
By: By:
Deputy County Counsel Risk Management
CITY OF BUELLTON:
Mayor
Date:
Approved as to Legal Form:
(Signatures continued on following pages.)
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
CITY OF CARPINTERIA:
Al Clark, Mayor
Date:
Approved as to Legal Form:
CITY OF GOLETA:
Paula Perotte, Mayor
Date:
Approved as to Legal Form:
CITY OF GUADALUPE:
Ariston Julian, Mayor
Date:
Approved as to Legal Form:
(Signatures continued on following pages.)
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
CITY OF LOMPOC:
Jenelle Osborne, Mayor
Date:
Approved as to Legal Form:
CITY OF SANTA BARBARA:
Mr. Paul Casey
City Administrator
Attest:
Sarah Gorman
City Clerk Services Manager
Approved as to Legal Form:
Ariel P. Calonne
City Attorney
Daniel S. Hentschke,
Assistant City Attorney
Date:
(Signatures continued on following page.)
BROADBAND
MOU for the term of January 1, 2022, to December 30, 2022
CITY OF SANTA MARIA:
Alice M. Patino, Mayor
Date:
Approved as to Legal Form:
Thomas Watson, City Attorney
CITY OF SOLVANG:
Charlie Uhrig, Mayor
Date:
Approved as to Legal Form:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA,
APPROVING A SUBRECIPIENT AGREEMENT WITH THE SANTA BARBARA COUNTY
ASSOCIATION OF GOVERNMENTS (SBCAG) FOR THE SANTA BARBARA COUNTY
BROADBAND STRATEGIC PLAN
WHEREAS, the City of Santa Maria, has entered a Memorandum of Understanding with the Santa Barbara County Association of Governments (SBCAG) to participate in a Regional Broadband Strategic Plan development project; and
WHEREAS, the City has agreed to contribute $69,810.05 to the project from grant funds received from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund (SLFRF); and
WHEREAS, the SBCAG is a subrecipient of the SLFRF funds and will serve as the administrative agency for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Maria, California as follows:
1. Authorizes the City Manager, or designee, to execute the Santa Barbara County Broadband Strategic Plan Subrecipient Agreement, incorporated herein by reference (attached to the Council Agenda Report), on behalf of the City; and
2. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City of Santa Maria City Council held this 15th day of February 2022.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROV ORM:
City Attorney
APPROVED AS TO CONTENT:
Department Director