R2020-118 2020-06-22RESOLUTION NO. R2020-118
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the use of Coronavirus Relief Fund (CRF) allocations made to the City to be
used for the reimbursement of the City's actual costs related to emergency
protective measures related to Coronavirus preparation, prevention,
response and recovery activities, in the amount of $959,221.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS;
Section 1. That the City Council hereby authorizes the use of Coronavirus Relief Fund (CRF)
allocations made to the City to be used for the reimbursement of the City's actual costs related
to emergency protective measures related to Coronavirus preparation, prevention, response
and recovery activities.
PASSED, APPROVED and ADOPTED this, the 22nd day of June, AD., 2020.
F' \
TOM REID
ATTEST:
CRYSTAL ROAN, TR
CITY SECRETARY
APPROVED AS TO FORM
A
DARRIN M. COKER
CITY ATTORNEY
L I tel
Attachment D
Coronavirus Relief Fund Terms and Conditions (signed)
with
Fund 355 Policy
CORONAVIRUS RELIEF FUND (CRF)
TERMS AND CONDITIONS
TEXAS DIVISION OF EMERGENCY MANAGEMENT
MAY 11, 2020
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About This Document
In this document, grantees will find the terms and conditions applicable to payments distributed in the
form of grants to local units of governments from the Coronavirus Relief Fund established within section
601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act ("CARES Act").
These requirements are in addition to those that can be found within the Grant Management System
(GMS), to which grantees agreed to when accepting the grant. Other state and federal requirements and
conditions may apply to your grant, including but not limited to: 2 CFR Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas
Government Code; the Uniform Grant Management Standards (UGMS) developed by the Comptroller of
Public Accounts; the state Funding Announcement or Solicitation under which the grant application was
made; and any applicable documents referenced in the documents listed above.
To the extent the terms and conditions of this grant agreement do not address a particular circumstance
or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the
general objectives, expectations and purposes of this grant agreement and in all cases, according to its fair
meaning. The parties acknowledge that each party and its counsel have reviewed this grant agreement
and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting
party shall not be employed in the interpretation of this grant agreement. Any vague, ambiguous or
conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the
grant agreement.
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Table of Contents
AboutThis Document............................................................................................................................... 2
1 Grant Agreement Requirements and Conditions......................................................................................5
1.1
Applicability of Grant Agreement and Provisions.........................................................................5
1.2
Legal Authority to Apply..............................................................................................................5
1.3
Grant Acceptance..........................................................................................................................5
1.4
Project Period................................................................................................................................5
1.5
General Responsibility..................................................................................................................5
1.6
Amendments and Changes to the Grant Agreement................................................................... 6
1.7
Jurisdictional Cooperation............................................................................................................7
1.8
Public Information and Meetings.................................................................................................7
1.9
Remedies for Non-Compliance.....................................................................................................7
1.10
False Statements by Grantee........................................................................................................8
1.11
Conflict of Interest Safeguards......................................................................................................8
1.12
Fraud, Waste, and Abuse..............................................................................................................8
1.13
Termination of the Agreement.....................................................................................................9
1.14
Limitation of Liability.....................................................................................................................9
1.15
Dispute Resolution......................................................................................................................10
1.16
Liability for Taxes........................................................................................................................10
1.17
Required State Assurances.........................................................................................................10
1.18
System for Award Management (SAM) Requirements...............................................................10
1.19
No Obligation by Federal Government.......................................................................................11
1.20
Notice..........................................................................................................................................11
1.21
Force Majeure.............................................................................................................................11
1.22
Debt to State...............................................................................................................................11
1.23
Franchise Tax Certification..........................................................................................................11
1.24
Severability..................................................................................................................................12
1.25
E-Verify........................................................................................................................................12
1.26
Compliance with Federal Law, Regulations, and Executive Orders............................................12
1.27
Clean Air Act................................................................................................................................12
1.28
Federal Water Pollution Control Act...........................................................................................12
1.29
Suspension and Debarment........................................................................................................12
1.30
Energy Conservation...................................................................................................................13
1.31
Procurement of Recovered Materials.........................................................................................13
1.32
Terminated Contracts.................................................................................................................13
2 Property and Procurement Requirements..............................................................................................13
2.1 Property Management and Inventory........................................................................................13
2.2 Consulting Contracts...................................................................................................................14
2.3 Procurement Practices and Policies............................................................................................14
2.4 Contract Provisions Under Federal Awards................................................................................14
3 Audit and Records Requirements............................................................................................................14
3.1 Cooperation with Monitoring, Audits, and Records Requirements...........................................14
3.2 Single Audit Requirements..........................................................................................................15
3.3 Requirement to Address Audit Findings.....................................................................................15
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3.4 Records Retention.......................................................................................................................15
4 Prohibited and Regulated Activities and Expenditures...........................................................................16
4.1 Prohibited Costs..........................................................................................................................16
4.2 Political Activities........................................................................................................................16
5 Financial Requirements............................................................................................................................17
5.1 Direct Deposit.............................................................................................................................17
5.2 Payments and Required Documentation....................................................................................17
5.3 Financial Reporting.....................................................................................................................17
5.4 Reimbursements.........................................................................................................................18
5.5 Refunds and Deductions.............................................................................................................18
5.6 Recapture of Funds.....................................................................................................................18
5.7 Liquidation Period.......................................................................................................................18
5.8 Project Close Out........................................................................................................................18
EXHIBIT A - State of Texas Assurances.............................................................................................................19
EXHIBIT B — CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION.........................................21
EXHIBIT C - CERTIFICATION REGARDING LOBBYING........................................................................................22
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I Grant Agreement Requirements and Conditions
1.1 Applicability of Grant Agreement and Provisions
The Grant Agreement is subject to the additional terms, conditions, and requirements of other laws, rules,
regulations and plans recited herein and is intended to be the full and complete expression of and
constitutes the entire agreement between the parties hereto with respect to the subject matter hereof
and all prior and contemporaneous understandings, agreements, promises, representations, terms and
conditions, both oral and written, are superseded and replaced by this Grant Agreement.
Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations
pertaining to the grant close-out, cooperation and provision of additional information, return of grant
funds, audit rights, records retention, public information, and any other provision implying survivability
shall remain in effect after the expiration or termination of this Grant Agreement.
1.2 Legal Authority to Apply
The grantee certifies that it possesses legal authority to apply for the grant. A resolution, motion or similar
action has been or will be duly adopted or passed as an official act of the applicant's governing body,
authorizing the filing of the application, including all understandings and assurances contained therein,
and directing and authorizing the person identified as the official representative, or their designee of the
organization to act in connection with the application and to provide such additional information as may
be required.
1.3 Grant Acceptance
The Notice of Subrecipient Grant Award remains an offer until the fully executed copy of this Grant
Agreement is received by the Texas Division of Emergency Management (TDEM).
1.4 Project Period
Funding has been authorized for eligible expenditures incurred between March 1, 2020 and December 30,
2020. The specific performance period for this grant is listed on the Notice of Subrecipient Grant Award.
All expenditures must be incurred, and all services must be received within the performance period. TDEM
will not be obligated to reimburse expenses incurred after the performance period. A cost is incurred
when the responsible unit of government has expended funds to cover the cost.
1.5 General Responsibility
Per the CARES Act, CRF grant funds may only be used to cover expenses that —
1. are necessary expenditures incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19)
2. were not accounted for in the budget most recently approved as of March 27, 2020 for the
state or government; and
3. were incurred during the period that begins on March 1, 2020 and ends on December 30,
2020.
The US Department of Treasury (Treasury) provided additional guidance on the permissible use of grant
funds, including nonexclusive examples of eligible expenses in the following categories:
1. Medical expenses,
2. Public health expenses,
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3. Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency,
4. Expenses of actions to facilitate compliance with COVID-19-related public health measures,
5. Expenses associated with the provision of economic support in connection with the COVID-
19 public health emergency, and
6. Any other COVID-19-related expenses reasonably necessary to the function of government
that satisfy the Fund's eligibility criteria.
Further explanation of these categories and examples can be found at the following link:
I)ttps://home.treasury•gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-
and-Tribal-Govern ments.pdf
https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Frequently-Asked-Questions.pdf
The subrecipient agrees that a minimum of 75% of its allotment will be spent in the categories of medical
expenses, public health expenses and payroll expenses for employees substantially dedicated to mitigating
or responding to the public emergency. The remainder of the allotment may be spent in any of the categories
provided within the Treasury guidance.
The grantee certifies compliance with these eligible expenses by executing the CARES Act Coronavirus Relief
Fund Eligibility Certification Form in Exhibit E, which is attached hereto and incorporated for all purposes.
The grantee is responsible for the integrity of the fiscal and programmatic management of the grant project;
accountability for all funds awarded; and compliance with TDEM administrative rules, policies and
procedures, and applicable federal and state laws and regulations.
The grantee will maintain an appropriate grant administration system to ensure that all terms, conditions
and specifications of the grant are met.
1.6 Amendments and Changes to the Grant Agreement
TDEM and the grantee may agree to make adjustments to the grant. Adjustments include, but are not
limited to, modifying the scope of the grant project, adding funds to previously un -awarded cost items or
categories changing funds in any awarded cost items or category, deobligating awarded funds or changing
grant officials.
The grantee has no right or entitlement to reimbursement with grant funds. TDEM and grantee agree that
any act, action or representation by either Party, their agents or employees that purports to waive or alter
the terms of the Grant Agreement or increase the maximum liability of TDEM is void unless a written
amendment to this Grant Agreement is first executed and documented in GMS. The grantee agrees that
nothing in this Grant Agreement will be interpreted to create an obligation or liability of TDEM in excess of
the "Maximum Liability of the TDEM" as set forth in the Notice of Subrecipient Grant Award.
Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in GMS
to be binding upon the Parties. Notwithstanding this requirement, it is understood and agreed by Parties
hereto, that changes in local, state and federal rules, regulations or laws applicable hereto, may occur during
the term of this Grant Agreement and that any such changes shall be automatically incorporated into this
Grant Agreement without written amendment hereto, and shall become a part hereof as of the effective
date of the rule, regulation or law.
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1.7 Jurisdictional Cooperation
A municipality may yield any portion of its allocated funds to the county within which it exists or a county
may yield any portion of its allocated funds to a municipality within its footprint for eligible expenses. This
may be accomplished in one of the following ways:
1. By a grant amendment, as described in section 1.6, where byfunds are deobligated from the original
subrecipient and then added to previously un -awarded costs items or categories of the receiving
jurisdiction's grant award,
2. A subrecipient may use funds pursuant to this agreement to subcontract with another political
subdivision within its jurisdiction for eligible and necessary expenditures incurred due to the public
health emergency. The subrecipient is responsible for ensuring subcontractor eligibility and
maintaining all required documentation.
1.8 Public Information and Meetings
Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that
the State of Texas, TDEM, and this Grant Agreement are subject to the Texas Public Information Act, Texas
Government Code Chapter 552 (the "PIA"). The grantee acknowledges that TDEM will comply with the
PIA, as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas.
The grantee acknowledges that information created or exchanged in connection with this Grant
Agreement, including all reimbursement documentation submitted to TDEM, is subject to the PIA,
whether created or produced by the grantee or any third party, and the grantee agrees that information
not otherwise excepted from disclosure under the PIA, will be available in a format that is accessible by
the public at no additional charge to TDEM or State of Texas. The grantee will cooperate with TDEM in the
production of documents or information responsive to a request for information.
1.9 Remedies for Non -Compliance
If TDEM determines that the grantee materially fails to comply with any term of this grant agreement,
whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a
notice of award, or any other applicable requirement, TDEM, in its sole discretion may take actions
including:
1. Temporarily withholding cash payments pending correction of the deficiency or more severe
enforcement action by TDEM;
2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in
compliance;
3. Disallowing claims for reimbursement;
4. Wholly or partially suspending or terminating thisgrant;
5. Requiring return or offset of previous reimbursements;
6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs
administered by TDEM until repayment to TDEM is made and any other compliance or audit finding
is satisfactorily resolved;
7. Reducing the grant award maximum liability of TDEM;
8. Terminating this Grant Agreement;
9. Imposing a corrective action plan;
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10. Withholding further awards; or
11. Taking other remedies or appropriate actions.
The grantee costs resulting from obligations incurred during a suspension or after termination of this grant
are not allowable unless TDEM expressly authorizes them in the notice of suspension or termination or
subsequently.
TDEM, at its sole discretion, may impose sanctions without first requiring a corrective action plan.
1.10 False Statements by Grantee
By acceptance of this grant agreement, the grantee makes all the statements, representations, warranties,
guarantees, certifications and affirmations included in this grant agreement. If applicable, the grantee will
comply with the requirements of 31 USC § 3729, which set forth that no grantee of federal payments shall
submit a false claim for payment.
If any of the statements, representations, certifications, affirmations, warranties, or guarantees are false
or if the grantee signs or executes the grant agreement with a false statement or it is subsequently
determined that the grantee has violated any of the statements, representations, warranties, guarantees,
certifications or affirmations included in this grant agreement, then TDEM may consider this act a possible
default under this grant agreement and may terminate or void this grant agreement for cause and pursue
other remedies available to TDEM under this grant agreement and applicable law. False statements or
claims made in connection with TDEM grants may result in fines, imprisonment, and debarment from
participating in federal grants or contract, and/or other remedy available by law, potentially including the
provisions of 38 USC §§ 3801-3812, which details the administrative remedies for false claims and
statements made.
1.11 Conflict of Interest Safeguards
The grantee will establish safeguards to prohibit its employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or personal gain,
whether for themselves or others, particularly those with whom they have family, business, or other ties.
The grantee will operate with complete independence and objectivity without actual, potential, or apparent
conflict of interest with respect to its performance under this Grant Agreement. The grantee certifies as to
its own organization, that to the best of their knowledge and belief, no member of The A&M System or The
A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by
a member of The A&M System, has direct or indirect financial interest in the award of this Grant Agreement,
or in the services to which this Grant Agreement relates, or in any of the profits, real or potential, thereof.
1.12 Fraud, Waste, and Abuse
The grantee understands that TDEM does not tolerate any type of fraud, waste, or misuse of funds
received from TDEM. TDEM's policy is to promote consistent, legal, and ethical organizational behavior,
by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, TDEM
policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. The
grantee understands and agrees that misuse of award funds may result in a range of penalties, including
suspension of current and future funds, suspension or debarment from federal and state grants,
recoupment of monies provided under an award, and civil and/or criminal penalties.
In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds
received from TDEM that is made against the grantee, the grantee is required to immediately notify TDEM
of said allegation or finding and to continue to inform TDEM of the status of any such on-going
investigations. The grantee must also promptly refer to TDEM any credible evidence that a principal,
�,<,, 8 1 23
employee, agent, grantee, contractor, subcontractor, or other person has -- (1) submitted a claim for
award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving award funds.
Grantees must also immediately notify TDEM in writing of any misappropriation of funds, fraud, theft,
embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant
requirements. Grantees must notify the local prosecutor's office of any possible criminal violations.
Grantees must immediately notify TDEM in writing if a project or project personnel become involved in
any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand,
notices, subpoenas, lawsuits, or indictments to TDEM.
1.13 Termination of the Agreement
TDEM may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty
against TDEM, upon written notice to grantee. In the event grantee fails to perform or comply with an
obligation or a term, condition or provision of this Grant Agreement, TDEM may, upon written notice to
grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such
notification of Termination for Cause will state the effective date of such termination, and if no effective
date is specified, the effective date will be the date of the notification.
TDEM and grantee may mutually agree to terminate this Grant Agreement. TDEM in its sole discretion will
determine if, as part of the agreed termination, grantee is required to return any or all of the disbursed
grant funds.
Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided
in equity, by law, or under this Grant Agreement, including those remedies listed at 2 C.F.R. 200.207 and
2 C.F.R. 200.338 — 200.342. Following termination by TDEM, grantee shall continue to be obligated to
TDEM for the return of grant funds in accordance with applicable provisions of this Grant Agreement. In
the event of termination under this Section, TDEM's obligation to reimburse grantee is limited to allowable
costs incurred and paid by the grantee prior to the effective date of termination, and any allowable costs
determined by TDEM in its sole discretion to be reasonable and necessary to cost-effectively wind up the
grant. Termination of this Grant Agreement for any reason or expiration of this Grant Agreement shall not
release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated
to survive any such termination orexpiration.
1.14 Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE
STATE OF TEXAS AND AGENCY, AND/OR THEIR OFFICERS, REGENTS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS,
OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM
ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER
FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT
AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY
RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE
NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT
FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT
AND AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver
by TDEM as an agency of the State of Texas, its officers, regents, employees, agents, or contractors or the
State of Texas of any privileges, rights, defenses, remedies, or immunities from suit and liability that TDEM
or the State of Texas may have by operation of law.
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1.15 Dispute Resolution
The Parties' representatives will meet as needed to implement the terms of this Grant Agreement and will
make a good faith attempt to informally resolve any disputes.
Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise requested or
approved in writing by TDEM, the grantee shall continue performance and shall not be excused from
performance during the period any breach of Grant Agreement claim or dispute is pending.
The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules
adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TDEM and grantee to
attempt to resolve any claim for breach of contract made by the grantee that cannot be resolved in the
ordinary course of business. Grantee shall submit written notice of a claim of breach of contract under this
Chapter to the Chief of TDEM, who shall examine the grantee's claim and any counterclaim and negotiate
with grantee in an effort to resolve the claim.
The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to this
Grant Agreement, without regard to any otherwise applicable conflict of law rules or requirements. Venue
for any grantee -initiated action, suit, litigation or other proceeding arising out of or in any way relating to
this Grant Agreement shall be commenced exclusively in the Travis County District Court or the United States
District Court, Southern District of Texas - Houston Division. Venue for any TDEM-initiated action, suit,
litigation or other proceeding arising out of or in any way relating to this Grant Agreement may be
commenced in a Texas state district court or a United States District Court selected by TDEM in its sole
discretion.
The grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts
referenced above for the purpose of prosecuting and/or defending such litigation. The grantee hereby waives
and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any
claim that the grantee is not personally subject to the jurisdiction of the above-named courts; the suit, action
or proceeding is brought in an inconvenient forum; and/or the venue is improper.
1.16 Liability for Taxes
The grantee agrees and acknowledges that grantee is an independent contractor and shall be entirely
responsible for the liability and payment of grantee's and grantee's employees' taxes of whatever kind,
arising out of the performances in this Grant Agreement. The grantee agrees to comply with all state and
federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers'
compensation. TDEM and/or the State of Texas shall not be liable to the grantee, its employees, agents, or
others for the payment of taxes or the provision of unemployment insurance and/or workers' compensation
or any benefit available to a state employee or employee of TDEM.
1.17 Required State Assurances
The grantee must comply with the applicable State Assurances included within the State Uniform Grant
Management Standards (UGMS), Section III, Subpart B, _.14, which are attached hereto and incorporated
for all purposes as Exhibit A.
1.18 System for Award Management (SAM) Requirements
A. The grantee agrees to comply with applicable requirements regarding registration with the System for
Award Management (SAM) (or with a successor government -wide system officially designated by OMB
and, if applicable, the federal funding agency). These requirements include maintaining current
registrations and the currency of the information in SAM. The grantee will review and update
information at least annually until submission of the final financial report required under the award or
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receipt of final payment, whichever is later,as required by 2 CFR Part 25.
The grantee will comply with Executive Orders 12549 and 12689 that requires "a contract award (see
2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System
for Award Management (SAM)", in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory
authority. The grantee certifies it will verify each vendor's status to ensure the vendor is not debarred,
suspended, otherwise excluded or declared ineligible by checking the SAM before doing/renewing
business with thatvendor.
C. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and
have not been subjected to suspension, debarment, or similar ineligibility determined by any federal,
state or local governmental entity and the grantee is in compliance with the State of Texas statutes
and rules relating to procurement and that the grantee is not listed in the federal government's
terrorism watch list as described in Executive Order 13224.
1.19 No Obligation by Federal Government
The Parties acknowledge and agree that the federal government is not a party to this Grant Agreement
and is not subject to any obligations or liabilities to either Party, third party or subcontractor pertaining to
any matter resulting from this Grant Agreement.
1.20 Notice
Notice may be given to the grantee via GMS, email, hand -delivery, or United States Mail. Notices to the
grantee will be sent to the name and address supplied by grantee in GMS.
1.21 Force Majeure
Neither the grantee nor TDEM shall be required to perform any obligation under this Grant Agreement or be
liable or responsible for any loss or damage resulting from its failure to perform so long as performance is
delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages,
embargo, riot, war, revolution, terrorism, rebellion, insurrection, pandemic, flood, natural disaster, or
interruption of utilities from external causes. Each Party must inform the other in writing, with proof of
receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right
as a defense.
1.22 Debt to State
The grantee certifies, to the extent grantee owes any debt (child support or other obligation) or delinquent
taxes to the State of Texas, any payments grantee is owed under this Grant Agreement may be applied by
the Comptroller of Public Accounts toward any such debt or delinquent taxes until such debt or delinquent
taxes are paid in full.
1.23 Franchise Tax Certification
If grantee is a taxable entity subject to the Texas Franchise Tax (Chapter 171, Texas Tax Code), then grantee
certifies that it is not currently delinquent in the payment of any franchise (margin) taxes or that grantee is
exempt from the payment of franchise (margin) taxes.
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1.24 Severability
If any provisions of this Grant Agreement are rendered or declared illegal for any reason, or shall be invalid
or unenforceable, such provision shall be modified or deleted in such manner so as to afford the Party for
whose benefit it was intended the fullest benefit commensurate with making this Grant Agreement, as
modified, enforceable, and the remainder of this Grant Agreement and the application of such provision
to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent
permitted by applicable law.
1.25 E -Verify
By entering into this Grant Agreement, grantee certifies and ensures that it utilizes and will continue to
utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's e -Verify system
to determine the eligibility of (a) all persons employed during the contract term to perform duties within
Texas; and (b) all persons (including subcontractors) assigned by the grantee pursuant to the Grant
Agreement.
1.26 Compliance with Federal Law, Regulations, and Executive Orders
Grantee acknowledges that federal financial assistance funds will be used to fund the Grant Agreement.
Grantee will comply with all applicable federal law, regulations, executive orders, policies, procedures, and
directives.
1.27 Clean Air Act
The following is only applicable if the amount of the contract exceeds $150,000.
a. Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in
turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. Grantee agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with federal assistance provided by this Grant Agreement.
1.28 Federal Water Pollution Control Act
a. Grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in
turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. Grantee agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with federal assistance provided by this Grant Agreement.
1.29 Suspension and Debarment
a. This Grant Agreement is a covered transaction for purposes of 2 C.F.R. pt 180 and 2 C.F.R. pt.
3000. Grantee certifies that grantee, grantee's principals (defined at 2C.F.R. Sec. 180.995), or its
Page 12 1 23
affiliates (defined at 2 C.F.R. Sec. 180.905) are excluded (defined at 2 C.F.R. Sec. 180.940) or
disqualified (defined at 2 C.F.R. Sec. 180.935).
b. Grantee must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must
include a requirement comply with these regulations in any lower tier covered transaction it
enters into.
c. This certification is a material representation of fact relied upon by TDEM. If itis later determined
that grantee did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, in addition to
remedies available to TDEM, the Federal Government may pursue available remedies, including
but limited to suspension and/or debarment.
1.30 Energy Conservation
If applicable, grantee agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act.
1.31 Procurement of Recovered Materials
a. In the performance of this Grant Agreement, grantee shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot be
acquired —
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
b. Information about this requirement, along with the list of EPA -designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
1.32 Terminated Contracts
The grantee has not had a contract terminated or been denied the renewal of any contract for
noncompliance with policies or regulations of any state or federally funded program within the past five (5)
years nor is it currently prohibited from contracting with a governmental agency. If the grantee does have
such a terminated contract, the grantee shall identify the contract and provide an explanation for the
termination. The grantee acknowledges that this Grant Agreement may be terminated and payment withheld
or return of grant funds required if this certification is inaccurate or false.
2 Property and Procurement Requirements
2.1 Property Management and Inventory
The grantee must ensure equipment purchased with grant funds is used for the purpose of the grant and
as approved by TDEM. The grantee must develop and implement a control system to prevent loss, damage
or theft of property and investigate and document any loss, damage or theft of property funded under
this Grant.
The grantee must account for any real and personal property acquired with grant funds or received from
13123
the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property
trust relationship and 200.329 Reporting on real property. This documentation must be maintained by the
grantee, according to the requirements listed herein, and provided to TDEM upon request, if applicable.
When original or replacement equipment acquired under this award by the grantee is no longer needed
for the original project or program or for other activities currently or previously supported by the federal
awarding agency or TDEM, the grantee must make proper disposition of the equipment pursuant to 2 CFR
200.
The grantee will maintain specified equipment management and inventory procedures for equipment
(including replacement equipment), whether acquired in whole or in part with grant funds, until
disposition takes place, with a per-unit cost of $5,000 or greater. The equipment and inventory procedures
include:
A. The grantee must keep an inventory report on file containing equipment purchased with any grant
funds during the grant period. The inventory report must agree with the approved grant budget
and the final Financial Status Report and shall be available to TDEM at all times upon request.
B. The grantee must maintain property/inventory records which, at minimum, include a description
of the property, a serial number or other identification number, the source of property, who holds
title, the acquisition date, the cost of the property, the percentage of Federal participation in the
cost of the property, the location, use and condition of the property, and any ultimate disposition
data including the date of disposal and sale price ofthe property.
C. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to
the equipment Exceptions to this requirement are limited to items where placing of the marking
is not possible due to the nature of the equipment.
2.2 Consulting Contracts
Pre -approval of costs related to consulting contracts is required and the value of consulting contracts
entered into by the grantee may not exceed S% of the total funds received by the local unit of government.
2.3 Procurement Practices and Policies
The grantee must follow applicable federal and state law, federal procurement standards specified in
regulations governing federal awards to non-federal entities, their established policy, and best practices for
procuring goods or services with grant funds. Procurement activities must follow the most restrictive of
federal, state and local procurement regulations. Contracts must be routinely monitored for delivery of
services or goods.
2.4 Contract Provisions Under Federal Awards
All contracts made by a grantee under a federal award must contain the provisions outlined in 2 CFR 200
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
Appendix II to Part 200 Contract Provisions for Non -Federal Entity Contracts Under Federal Awards.
3 Audit and Records Requirements
3.1 Cooperation with Monitoring, Audits, and Records Requirements
All records and expenditures are subject to, and grantee agrees to comply with, monitoring and/or audits
conducted by the United States Department of Treasury's Inspector General (DOTIG), TDEM, and the State
14123
Auditor's Office (SAO) or designee. The grantee shall maintain under GAAP or GASB, adequate records that
enable DOTIG, TDEM, and SAO to ensure proper accounting for all costs and performances related to this
Grant Agreement.
3.2 Single Audit Requirements
Any grantee expending $750,000 or more in federal funds in a fiscal year may be subject to Single Audit
Requirements in 2 CFR, Part 200, Subpart F — Audit Requirements, at littps://www.ecfr.gov/cgi-bin/text-
idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl.
The grantees expending more than $750,000 in state funds in a fiscal year are subject to the requirements
in the Texas Single Audit Circular, at https://comptroller.texas.gov/purchasing/docs/ugms.pdf.The audit
must be completed and the data collection and reporting package described in 2 CFR 200.512 must be
submitted to the Federal Audit Clearinghouse (FAC) within 30 calendar days after receipt of the auditor's
report(s), or nine months after the end of the audit period, whichever is earlier.
3.3 Requirement to Address Audit Findings
If any audit, monitoring, investigations, review of awards, or other compliance review reveals any
discrepancies, inadequacies, or deficiencies which are necessary to correct in order to maintain
compliance with this Grant Agreement, applicable laws, regulations, or the grantee's obligations
hereunder, the grantee agrees to propose and submit to TDEM a corrective action plan to correct such
discrepancies or inadequacies within thirty (30) calendar days after the grantee's receipt of the findings.
The grantee's corrective action plan is subject to the approval of TDEM.
The grantee understands and agrees that the grantee must make every effort to address and resolve all
outstanding issues, findings, or actions identified by DOTIG, TDEM, or SAO through the corrective action
plan or any other corrective plan. Failure to promptly and adequately address these findings may result in
grant funds being withheld, other related requirements being imposed, or other sanctions and penalties.
The grantee agrees to complete any corrective action approved by TDEM within the time period specified
by TDEM and to the satisfaction of TDEM, at the sole cost of the grantee. The grantee shall provide to
TDEM periodic status reports regarding the grantee's resolution of any audit, corrective action plan, or
other compliance activity for which the grantee is responsible.
3.4 Records Retention
A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures of
grant funds, reporting measures, and funds received from TDEM under this Grant Agreement. Audit
trails maintained by the grantee will, at a minimum, identify the supporting documentation prepared
by the grantee to permit an audit of its accounting systems and payment verification with respect to
the expenditure of any funds awarded under this Grant Agreement.
B. The grantee must maintain fiscal records and supporting documentation for all expenditures
resulting from this Grant Agreement pursuant to 2 CFR 200.333 and state law.
1. The grantee must retain these records and any supporting documentation for a minimum of
seven (7) years from the later of the completion of this project's public objective, submission of
the final expenditure report, any litigation, dispute, or audit.
2. Records related to real property and equipment acquired with grant funds shall be retained for
seven (7) years after final disposition.
3. TDEM may direct a grantee to retain documents for longer periods of time or to transfer certain
records to TDEM or federal custody when it is determined that the records possess long term
Page 15 1 23
retention value.
4 Prohibited and Regulated Activities and Expenditures
4.1 Prohibited Costs
A. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Revenue replacement is not a permissible use of these grant
funds. In accordance with Section 3.1 all record and expenditures are subject to review.
B. Damages covered by insurance.
C. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.
D. Duplication of benefits including expenses that have been or will be reimbursed under any other
federal program.
E. Reimbursement to donors for donated iterns or services.
F. Workforce bonuses other than hazard pay or overtime.
G. Severance pay.
H. Legal settlements.
4.2 Political Activities
Grant funds may not be used in connection with the following acts by agencies or individuals employed by
grant funds:
A. Unless specifically authorized to do so by federal law, grant recipients or their grantees or
contractors are prohibited from using grant funds directly or indirectly for political purposes,
including lobbying or advocating for legislative programs or changes; campaigning for, endorsing,
contributing to, or otherwise supporting political candidates or parties; and voter registration or
get -out -the -vote campaigns. Generally, organizations or entities which receive federal funds by
way of grants, contracts, or cooperative agreements do not lose their rights as organizations to
use their own, private, non-federal resources for "political" activities because of or as a
consequence of receiving such federal funds. These recipient organizations must thus use private
or other non-federal money, receipts, contributions, or dues for their political activities, and may
not charge off to or be reimbursed from federal contracts or grants for the costs of such activities.
B. Grant officials or grant funded employees may not use official authority or influence or permit the
use of a program administered by the grantee agency of which the person is an officer or employee
to interfere with or affect the result of an election or nomination of a candidate or to achieve any
other political purpose.
C. Grant -funded employees may not coerce, attempt to coerce, command, restrict, attempt to
restrict, or prevent the payment, loan, or contribution of anything of value to a person or political
organization for a political purpose.
D. Grant funds may not be used to employ, as a regular full-time or part-time or contract employee,
a person who is required by Chapter 305 of the Government Code to register as a lobbyist.
Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or
employee of the agency, membership dues to an organization that pays part or all of the salary of
Page 16 1 23
a person who is required by Chapter 305 of the Government Code to register as a lobbyist
E. As applicable, the grantee and each contracting tier will comply with 31 USC § 1352, which
provides that none of the funds provided under an award may be expended by the grantee to pay
any person to influence, or attempt to influence an officer or employee of any agency, a Member
of Congress, an officer of employee of Congress, or an employee of a Member of Congress in
connection with any Federal action concerning the award or renewal. Grantee shall file the
required certification attached hereto and incorporated for all purposes as Exhibit F. Each
contracting tier shall also disclose any lobbying with non-federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
5 Financial Requirements
5.1 Direct Deposit
A completed direct deposit form from the grantee must be provided to TDEM prior to receiving any
payments. The direct deposit form is currently available at https://grants.tdem.texas.gov/.
5.2 Payments and Required Documentation
Funding for this Grant Agreement is appropriated under the Coronavirus Aid, Relief, and Economic Security
Act, 2020 (Public Law 116-136) enacted on March 27, 2020, as amended, to facilitate protective measures
for and recovery from the public health emergency in areas affected by COVID-19, which are Presidentially -
declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.). All expenditures under this Grant Agreement must be made in
accordance with this Grant Agreement and any other applicable laws, rules or regulations. Further, grantee
acknowledges that all funds are subject to recapture and repayment for non-compliance pursuant to
Section 5.7 below.
Payment of funds on projects may be initiated by the grantee through a Request for Reimbursement
(RFR) in GMS.
Grantee may initiate an Advance of Funds Request (AFR) through GMS for an initial cash advance to cover
actual costs incurred or up to 20% of their total allocation, whichever is larger.
Additional advances or reimbursement requests may be requested following full reporting to TDEM of
expenses incurred and applied against the initial and/or any subsequent advance payments.
If sufficient progress is not made towards expenditure of advanced funds and/or the grantee fails to meet
financial reporting obligations, TDEM may implement sanctions as necessary up to and including grant
termination.
All documentation for expenditures paid during the project period must be submitted to TDEM on or
before the grant liquidation date.
5.3 Financial Reporting
Financial reports must be submitted to TDEM on a quarterly basis via GMS but can be submitted more
often as necessary to draw down funds.
The final financial report must be submitted to TDEM on or before the grant liquidation date or the grant
funds may lapse and TDEM will provide them as grants to other eligible jurisdictions.
Page 17 1 23
5.4 Reimbursements
TDEM will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable
costs incurred and paid by the grantee pursuant to this Grant Agreement. TDEM is not obligated to pay
unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the
commencement or after the termination of this Grant Agreement.
5.5 Refunds and Deductions
If TDEM determines that the grantee has been overpaid any grant funds under this Grant Agreement,
including payments made inadvertently or payments made but later determined to not be actual and
allowable allocable costs, the grantee shall return to TDEM the amount identified by TDEM as an
overpayment. The grantee shall refund any overpayment to TDEM within thirty (30) calendar days of the
receipt of the notice of the overpayment from TDEM unless an alternate payment plan is specified by TDEM.
Refunds may be remitted to: Texas Division of Emergency Management, P.O. Box 15467, Austin, Texas
78761.
5.6 Recapture of Funds
The discretionary right of TDEM to terminate for convenience under Section 1.13 notwithstanding, TDEM
shall have the right to terminate the Grant Agreement and to recapture, and be reimbursed for any
payments made by TDEM: (i) that are not allowed under applicable laws, rules, and regulations; or (ii) that
are otherwise inconsistent with this Grant Agreement, including any unapproved expenditures.
5.7 Liquidation Period
Grant funds will liquidate 90 calendar days following the project period end date or on December 30, 2020,
whichever is earlier. Funds not obligated by the end of the grant period and not expended by the
liquidation date will revert to TDEM.
5.8 Project Close Out
TDEM will close-out the grant award when it determines that all applicable administrative actions and all
required work of the grant have been completed by the grantee.
The grantee must submit all financial, performance, and other reports as required by the terms and
conditions of the grant award.
The grantee must promptly refund any balances of unobligated cash that TDEM paid in advance or paid and
that are not authorized to be retained by the grantee for use in other projects.
[EXHIBITS AND SIGNATURE PAGE FOLLOWS]
Page 18 1 23
EXHIBIT A - State of Texas Assurances
As the duly authorized representative of Grantee, I certify that Grantee:
1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the grantee's governing
body or of the grantee's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the
third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise
such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of
two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body
member related to such person in the prohibited degree.
2. Shall insure that all information collected, assembled, or maintained by the grantee relative to a project will be available to the public
during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law.
3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies
to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.
4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments.
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the grantee is a health,
human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and
human services agency or public safety or law enforcement agency.
6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code,
or shall provide the grantor agency with a certification fi•orn the Texas Commission on Law Enforcement that the agency is in the process
of achieving compliance with such rules if the grantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701.
7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state agencies and grantees shall maintain an appropriate contract
administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section _.36 for additional guidance on
contract provisions).
8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law
enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantee shall also ensure that all
program personnel are properly trained and aware of this requirement.
9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section
504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the
Americans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients frorn
discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C.
§§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s)
which may apply to this Grant.
10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for
federally assisted construction subagreements.
11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L.
91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation
in purchases.
12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees
whose principal employment activities are funded in whole or in part with Federal funds.
13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental
Personnel Act of 1970, as applicable.
Page 19 1 23
EXHIBIT A
14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are
not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency
of the receipt of any communication fi•om the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA (EO 11738).
15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law
93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards.
16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards i►►
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air)
Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (t►) protection of
endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act
of 1974 (16 U.S.C. §§469a -I et seq.).
19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the
minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or
exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government
Principals Regarding the Care and Use of Animals.
20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint
in construction or rehabilitation of residential structures.
21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility
used for the provision of services for children.
22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.
23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing
this program.
24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by
any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in
Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at https://www.sain.gov/portal/public/SAM/.
25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as
required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
26. Shall comply with the Drug -Free Workplace Rules established by the Texas Worker's Compensation Commission effective April 17,
1991.
Pcige 20 1 23
EXHIBIT A
EXHIBIT B — CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
1, Clay Pearson , am the County Judge, Mayor or City Manager of City of Pearland
("County"/"Municipality"), and I certify that:
1. 1 have the authority on behalf of County/Municipality to request grant payments from the State of
Texas ("State") for federal funds appropriated pursuant to section 601 of the Social Security Act, as
added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136,
div. A, Title V (Mar. 27, 2020).
2. 1 understand that the State will rely on this certification as a material representation in making grant
payments to the County/Municipality.
3. 1 acknowledge that County should keep records sufficient to demonstrate that the expenditure of
funds it has received is in accordance with section 601(d) of the Social Security Act.
4. 1 acknowledge that all records and expenditures are subject to audit by the United States Department
of Treasury's Inspector General, the Texas Division of Emergency Management, and the Texas State
Auditor's Office, or designee.
5. 1 acknowledge that County has an affirmative obligation to identify and report any duplication of
benefits. I understand that the State has an obligation and the authority to deobligate or offset any
duplicated benefits.
6. 1 acknowledge and agree that County/Municipality shall be liable for any costs disallowed pursuant to
financial or compliance audits of funds received.
7. 1 acknowledge that if County has not used funds it has received to cover costs that were incurred by
December 30, 2020, as required by the statute, those funds must be returned to the United States
Department of the Treasury.
8. 1 acknowledge that the County/Municipality's proposed uses of the funds provided as grant payments
from the State by federal appropriation under section 601 of the Social Security Act will be used only
to cover those costs that:
a. are necessary expenditures incurred due to the public health emergency and
governor's disaster declaration on March 13, 2020 with respect to the Coronavirus
Disease 2019 (COVID-19);
b. were not accounted for in the budget most recently approved as of March 27, 2020,
for County/Municipality; and
c. were incurred during the period that begins on March 1, 2020 and ends on December
30, 2020.
In addition to each of the statements above, I acknowledge on submission of this certification that my jurisdiction
has incurred eligible expenses between March 1, 2020 and the date noted below.
ClayPearson
By: —
Signature
Title: City Man ger
Date: �r—/ U ---o
Page 21 1 23
EXHIBIT C - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned grantee, Clay Pearson - City of Pearland , certifies, to the best of his or her knowledge that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit
Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31 U.S.C. Sec. 1352 (as amended by the Lobbying Disclosure Act of 119). Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
The grantee, City of Pearland , certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, grantee understands and agrees that the provisions of 31 U.S.C.
Sec. 3801 et seq. apply to his certification and disclosure, if any.
By: Clay Pearsqn,
Signature:
Title: City Manager
Date: �C3 U
EXHIBIT C
Page 22 1 23
Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by
them.
State of Texas Assurances, hereinafter referred to as "Exhibit A"
�l CARES Act Coronavirus Relief Fund Eligibility Certification, hereinafter referred to as "Exhibit B"
Certification Regarding Lobbying, hereinafter referred to as "Exhibit C'
Please sign below to acknowledged acceptance of the grant and all exhibits in this Grant Agreement, and to
abide by all terms and conditions.
By: Clay Pea.son
Signature: �-----
Title: City Mana er
Date:
SIGNATURE PAGE
Page 30 1 30
Background
SPECIAL REVENUE FUND POLICY
CORONAVIRUS RELIEF FUND (FUND 355)
The City of Pearland is the recipient of an allocation of $6,374,005 from the State of Texas'
Coronavirus Relief Fund, via the U.S. Treasury allocation of $150 billion to states for recovery
and response efforts related to COVID-19. The City's allocation is permanently restricted for the
purposes outlined in the attached State and federal regulations; specifically, but not limited to,
Section 601(d) of the Social Security Act.
Policy
I, Clay Pearson, City Manager, hereby authorize the City's acceptance of these funds, with the
express restriction that no amount of these funds be expended or reallocated in any way, shape
or form, and that no fund transfers involving the accounting for these funds occur, without the
implementation of a Council -approved plan.
I also hereby direct the Finance Director to establish Special Revenue Fund 355 — Coronavirus
Relief Fund ("Fund"), and to limit access to the Fund to the Finance Director and his designee,
until the City Council implements a spending plan ("Plan") for use of the Fund. Until City Council
adopts a Plan that complies with all federal regulations, no procurement, contract awards,
expense journal entries, transfers out, reclassification of expenses from other funds, or other
diminishing accounting procedures may take place within the Fund.
In addition, the Fund shall not incur expenditures or be the subject of any accounting journal
entries or reclassification of expenditures that occurred prior to March 1, 2020, and the Fund also
be restricted from incurring expenditures after December 30, 2020.
1, Clay Pearson, the undersigned, hereby establish the above policy for City of Pearland Special
Revenue Fund 355 — Coronavirus Relief Fund, until further notice and specific actions authorized
by the City, Council.
y Pearson — City Manager
/20'2-u
Date