R2020-193.1 2020-12-07RESOLUTION NO. R2020-193.1
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an amended Sub -Grantee
Agreement with the Pearland Independent School District (PISD),
increasing the original amount of $130,000.00 to $1,172,501.00, for the
purpose of providing reimbursement for CARES Act/Coronavirus Relief
Fund (CRF) eligible public health and safety improvements to public
educational facilities located within the City limits of Pearland, Brazoria
County.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain amended Sub -Grantee Agreement by and between the City
of Pearland and PISD, a copy of which is attached hereto as Exhibit "A" and made a part hereof
for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an amended Sub -Grantee Agreement with PISD.
PASSED, APPROVED, and ADOPTED this the 7th day of December, A. D., 2020.
ATT
TAL AN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CO
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AYOR
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Agenda Item #2.
Exhibit A
Subawardee Agreement
between
City of Pearland
&
Pearland ISD
Page 145 of 296
City Council Regular Meeting - Dec 07 2020
Agenda Item #2.
CORONAVIRUS RELIEF FUND —15, Amended SUBAWARD AGREEMENT
between
THE CITY OF PEARLAND, TEXAS
and
PEARLAND INDEPENDENT SCHOOL DISTRICT
PREAMBLE AND RECITALS
THIS AGREEMENT, originally entered into to be made effective on the 29th day of September 2020, by
and between the City of Pearland (herein called the "Subrecipient" and/or "City") and Pearland
Independent School District (herein called the "Subawardee"), amended on December 7, 2020.
WHEREAS, the Subrecipient has applied for and received funds from the Texas Division of Emergency
Management (TDEM) Coronavirus Relief Fund (CRF) in response to and towards the recovery from the
COVID-19 Coronavirus pandemic;
WHEREAS, the Subawardee has stated its intention to ensure the completion and compliance with
federal, State and local requirements, to document compliance with applicable Coronavirus Relief Fund
terms and conditions, in addition to the federal Uniform Administrative Requirements (UAR) as set forth
in 2 CFR Part 200;
WHEREAS, the Subawardee shall ensure recognition of the role of the Subrecipient in providing services
through this contract, prominently labeling all activities, facilities, and items utilized pursuant to this
contract recognizing the source of funds as City of Pearland Coronavirus Relief Fund (CRF); and
WHEREAS, the primary purpose of the CRF, pursuant Section 601(d) of the Social Security Act, as
added by Section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES) is 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.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is
agreed between the parties hereto that:
ARTICLE 1- PROJECT
SECTION 1: SCOPE OF SERVICE
A. Activities
1. Program Delivery
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Agenda Item #2.
Activity #1 Provide emergency capital improvements, installation of fixtures and equipment,
and/or other facility improvements to PISD public schools that serve City of
Pearland residents; specifically limited to include:
• Medical expenses such as:
o COVID-19-related expenses of public hospitals, clinics, and similar
facilities.
o Expenses of establishing temporary public medical facilities and
other measures to increase COVID-19 treatment capacity, including
related construction costs.
o Costs of providing COVID-19 testing, including aerological testing.
o Emergency medical response expenses, including emergency
medical transportation, related to COVID-19.
o Expenses for establishing and operating public telemedicine
capabilities for COVID-19-related treatment.
• Public health expenses such as:
o Expenses for communication and enforcement by State, territorial,
local, and Tribal governments of public health orders related to
COVID-19.
o Expenses for acquisition and distribution of medical and protective
supplies, including sanitizing products and personal protective
equipment, for medical personnel, police officers, social workers,
child protection services, and child welfare officers, direct service
providers for older adults and individuals with disabilities in
community settings, and other public health or safety workers in
connection with the COVID-19 public health emergency.
o Expenses for disinfection of public areas and other facilities, e.g.,
nursing homes, in response to the COVID-19 public health
emergency.
o Expenses for technical assistance to local authorities or other entities
on mitigation of COVID-19-related threats to public health and safety.
o Expenses for public safety measures undertaken in response to
COVID-19.
o Expenses for quarantining individuals.
• 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.
• Operation Connectivity and related costs for remote learning activities
involving students and/or school facilities within the Pearland City limits.
2. Administration
The Subawardee is required to administer the financial, programmatic and regulatory compliance
measures necessary for Coronavirus prevention, response and/or recovery as an independent
contractor, and not as an officer, agent, servant or employee of the Subrecipient.
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Agenda Item #2.
B. Performance Monitoring
The Subrecipient will monitor the performance of the Subawardee against goals and performance
standards as stated above. Substandard performance as determined by the Subrecipient will
constitute noncompliance with this Agreement. If action to correct such substandard performance is
not taken by the Subawardee within a reasonable period of time after being notified by the
Subrecipient, suspension or termination procedures will be initiated.
C. Special Conditions
CARES Act regulations in Section 601(d) of the Social Security Act are applicable. The Subawardee
is hereby advised to consider these rules when administering these funds and others specified for
COVID-19/Coronavirus pandemic response and recovery.
SECTION 2: PROJECT DESCRIPTION
Type of Project: Pearland Independent School District COVID-19/Coronavirus Prevention,
Response and/or Recovery.
Project Location: Pearland Independent School District Facilities/Schools
Service Area 1:
Service Area 2:
City of Pearland within Brazoria County
Unincorporated Brazoria County — City of Pearland Extraterritorial Jurisdiction
(serving residents of the City of Pearland, Brazoria County
Basic Eligibility Citation: Section 601(d) — Social Security Act; Section 5001 — CARES Act
Amount Funded: $140,0041 $1,172,501
SECTION 3: TERM OF AGREEMENT
The term of this Agreement is March 1, 2020 through January 31, 2020. December 30, 2020.
SECTION 4: PROGRAM REPORTING
The Subawardee shall submit such reports as required by the City to meet its local obligations and its
obligations to TDEM. The City will prescribe the report format, as well as the time and location for
submission of such reports. Required reports include, but are not limited to the following:
A. Quarterly reports which shall include the progress made to date, or justification for lack of
progress, in providing the services specified in Article 1, Section 1: Scope of Services, of this
Agreement.
B. Quarterly reports on demographic and income information regarding persons assisted by the
Subawardee through this Agreement.
C. Closeout reports including a final performance report, inventory of all property acquired or
improved by CRF funds, and final financial report, upon termination or completion of the award.
ARTICLE 2- FINANCIAL MANAGEMENT
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Agenda Item #2.
SECTION 1: PAYMENTS AND BUDGET
A. General Statement
The City shall reimburse the Subawardee allowable costs for services identified in this Agreement not to
exceed One Hundred and Thirty - Thousand Dollars ($130,000) upon presentation of properly executed
reimbursement forms provided and approved by the City. Such reimbursement shall constitute full and
complete payment by the City under this Agreement. Allowable costs shall mean those necessary and
proper costs identified in the Subawardee's application and budget and approved by the City unless any
or all such costs are disallowed by the State of Texas or the U.S. Treasury.
B. Payments
Reimbursement request must be submitted to the City of Pearland in accordance with instructions to be
provided to the Subawardee under separate cover. Payments may be contingent upon certification of the
Subawardee's financial management system in accordance with the standards specified in applicable
sections of 2 CFR 200. Reimbursement payments shall be made to: Pearland Independent School
District.
Drawdowns for the payment of allowable costs shall be made against the line item budgets specified in
Paragraph C, below, herein and in accordance with performance. Expenses for general administration
shall also be paid against the line item budgets specified in Paragraph C and in accordance with
performance.
C. Budget
Line Item Amount:
Medical Costs;
Public Health and Safety - Emergency Facility Improvements; and
Payroll — Personnel Substantially Dedicated to COVID-19 $130,000 $1,172,501
TOTAL 4140,000 $1,172,501
In addition, the Subrecipient may require a more detailed budget breakdown than the one contained
herein, and the Subawardee shall provide such supplementary budget information in a timely fashion in
the form and content prescribed by the Subrecipient. Any amendments to the budget must be approved
in writing by both the Subrecipient and the Subawardee.
D. Closeout
Upon termination of this Agreement, in whole or in part for any reason including completion of the project,
the following provisions may apply:
A. Upon written request by the Subawardee, the City shall make or arrange for payments to the
Subawardee of allowable reimbursable costs not covered by previous payments;
B. Disposition of program assets (including the return of all unused materials, equipment, unspent
cash advances, program income balances, and accounts receivable to the Subrecipient);
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Agenda Item #2.
C. The Subawardee shall submit within thirty (30) days after the date of expiration of this Agreement,
all financial, performance and other reports required by this Agreement, and in addition, will
cooperate in a program audit by the City or its designee; and
D. Closeout of funds will not occur unless all requirements are met and all outstanding issues with
the Subawardee have been resolved to the satisfaction of the City.
The Subawardee's obligation to the Subrecipient shall not end until all closeout requirements are
completed. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any
period that the Subawardee has control over CRF funds, including program income.
SECTION 2: DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING
All costs shall be supported by properly executed payrolls, time records, invoices, vouchers or other
official documentation, as evidence of the nature and propriety of the charges. All accounting documents
pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible, and
upon reasonable notice, the City, TDEM and the U.S. Treasury shall have the right to audit the records
of the Subawardee as they relate to the Agreement and the activities and services described herein.
The Subawardee shall also:
A. Maintain an effective system of internal fiscal control and accountability for all CRF funds and
property acquired or improved with CRF funds, and make sure the same are used solely for
authorized purposes.
B. Keep a continuing record of all disbursements by date, check number, amount, vendor,
description of items purchased and line item from which the money was expended, as reflected
in the Subawardee's accounting records.
C. Maintain payroll, financial, and expense reimbursement records for a period of five (5) years after
receipt of final payment under this Agreement.
D. Permit inspection and audit of its records with respect to all matters authorized by this Agreement
by representatives of the City, TDEM or the U.S. Treasury at any time during normal business
hours and as often as necessary.
E. Inform the City concerning any funds allocated to the Subawardee, that the Subawardee
anticipates will not be expended during the term of this Agreement, and permit the reassignment
of the same by the City to other Subawardees.
F. Repay the City any funds in its possession at the time of the termination of this Agreement that
may be due to the City, TDEM or the U.S Treasury.
G. Maintain complete records concerning the receipt and use of all program income. Program
income shall be reported on a monthly basis on forms provided by the City.
SECTION 3: REIMBURSEMENT
The City shall reimburse the Subawardee only for actual incurred costs upon presentation of properly
executed reimbursement forms as provided and approved by the City. Only those allowable costs directly
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Agenda Item #2.
related to this Agreement shall be paid. The amount of each request must be limited to the amount
needed for payment of eligible costs.
In the event that the City, TDEM or the U.S Treasury determines that any funds were expended by the
Subawardee for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in
any other way, the City, TDEM or the U.S Treasury may order repayment of the same. The Subawardee
shall remit the disallowed amount to the City within thirty (30) days of written notice of the disallowance.
A. The Subawardee agrees that funds determined by the City to be surplus upon completion of the
Agreement will be subject to cancellation by the City.
B. The Subawardee aggress that upon expiration of this Agreement, the Subawardee shall transfer
to the City any CRF funds on hand at the time of the expiration and any accounts receivable
attributable to the use of CRF funds.
C. The City shall be relieved of any obligation for payments if funds allocated to the City cease to be
available for any cause other than misfeasance of the City itself.
D. The City reserves the right to withhold payments pending timely delivery of program reports or
documents as may be required under this agreement.
ARTICLE 3- GENERAL CONDITIONS AND REQUIREMENTS
SECTION 1: NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery or sent by facsimile or other electronic means. Any notice delivered
or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written
communications under this Agreement shall be addressed to the individuals in the capacities indicated
below, unless otherwise modified by subsequent written notice.
Subrecipient/City Subawardee
1st Level Joel Hardy
2nd Level Jon Branson
3rd Level Clay Pearson
Address 3519 Liberty Drive
Pearland, TX 77581
SECTION 2: GENERAL CONDITIONS
A. General Compliance
Jorgannie Carter
Dr. John Kelly
Dr. John Kelly
1928 N. Main Street
Pearland, TX 77581
The Subawardee agrees to comply with the requirements of Title 2 of the Code of Federal Regulations,
Part 200 (Uniform Administrative Requirements). The Subawardee also agrees to comply with all other
applicable Federal, State and local laws, regulations, and policies governing the funds provided under
this Agreement. The Subawardee further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
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Agenda Item #2.
The Subawardee shall comply with all applicable Federal laws, regulations, and requirements and all
provisions of this Agreement, which include compliance with the provisions of the CARES Act and all
rules, regulations, guidelines, and circulars promulgated by the various Federal departments, agencies,
administrations, and commissions relating to the CRF Program. The applicable laws and regulations
include, but are not limited to:
• The Davis -Bacon Fair Labor Standards Act;
■ The Contract Work Hours and Safety Standards Act of 1962;
• Copeland "Anti -Kickback" Act of 1934;
■ Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended (URA);
• Title VI of the Civil Rights Act of 1964;
• Equal employment opportunity and minority business enterprise regulations established in 2
C.F.R. Part 200, Appendix II, ¶ C;
• ■ Non-discrimination in employment, established by Executive Order 11246 (as amended by
Executive Orders 11375 and 12086);
• Section 504 of the Rehabilitation Act of 1973 Uniform Federal Accessibility;
• The Architectural Barriers Act of 1968;
• The Americans With Disabilities Act (ADA) of 1990;
• The Age Discrimination Act of 1975, as amended;
• National Environmental Policy of 1969 (42 USC 4321 et seq.), as amended;
• Historic Preservation Act of 1966, as amended, and related laws and Executive Orders;
• Executive Order 11988, Floodplain Management, 1977 (42 FR 26951 et seq.);
• Flood Disaster Protection Act of 1973.
■ Section 601(d) — Social Security Act
B. "Independent Contractor"
Nothing contained in this Agreement is intended, nor shall be construed in any manner to create or
establish the relationship of employer/employee between the Subrecipient and the Subawardee. The
Subawardee shall, at all times, remain an "independent contractor" with respect to the services to be
performed under this Agreement. The Subrecipient shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance,
as the Subawardee is an independent contractor.
C. Hold Harmless
To the extent permitted by law, the Subawardee agrees to hold harmless, defend and indemnify the City
and its appointed and elected officers and employees from and against any and all liability, loss, costs,
damage and expense, including costs and attorney fees in defense thereof because of any actions,
claims, lawsuits, damages, charges and judgments whatsoever that arise out of the Subawardee's
performance or nonperformance of the services or subject matter called for in this Agreement.
D. Workers' Compensation
The Subawardee shall provide Workers' Compensation Insurance coverage for all of its employees
involved in the performance of this Agreement.
E. Insurance & Bonding
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Agenda Item #2.
The Subawardee shall carry sufficient insurance coverage to protect Agreement assets from loss due to
theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond
covering all employees in an amount equal to cash advances from the Subrecipient. The Subawardee
shall comply with the bonding and insurance requirements of 2 CFR 200.325 (bonding requirements).
The certificates of insurance shall be provided to the City by the Subawardee's insurance agent or carrier
as evidence that policies providing the required coverages, conditions, and minimum limits are in full
force and effect. Insurance limits must be on each Certificate of Insurance. Each Certificate of Insurance
shall be reviewed and approved by the City prior to commencement of this Agreement. No other form of
certificate shall be used.
The Subawardee will not be relieved of any liability, claims, demands, or other obligations assumed by
its failure to procure or maintain insurance, or its failure to procure or maintain insurance in sufficient
amounts, durations, or types. Failure on the part of the Subawardee to procure or maintain policies
providing the required coverages, conditions and minimum limits will constitute a material breach of this
Agreement, upon which the City may immediately terminate this contract.
F. Licensing
The Subawardee agrees to comply with and obtain at its own expense, if necessary, all applicable
Federal, State, City or Municipal standards for licensing, certifications and operation of facilities and
programs, and accreditation and licensing of individuals, and any other standards or criteria as described
in this Agreement to assure quality of services.
In the event of an investigation or suspension regarding any Subawardee license related to the services
for which the City is providing funding under this Agreement, the City may terminate this Agreement and
withhold further Agreement funds. In addition, monies already received under this Agreement may be
owed back to the City.
G. Amendments
The parties may amend this Agreement at any time provided that such amendments make specific
reference to this Agreement and are executed in writing, signed by a duly authorized representative of
each organization, and approved by the Subrecipient's governing body. Such amendments shall not
invalidate this Agreement, nor relieve or release the Subrecipient or Subawardee from its obligations
under this Agreement. The Subrecipient may, in its discretion, amend this Agreement to conform with
Federal, State or local governmental guidelines, policies or available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be incorporated only by
written amendment signed by both Subrecipient and Subawardee.
H. Failure to Perform
In the event of a failure by the Subawardee to comply with any terms or conditions of this Agreement or
to provide in any manner activities or other performance as agreed herein, the City reserves the right to
temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part
of the Agreement, or prohibit the Subawardee from incurring additional obligation of funds until the City
is satisfied that corrective action has been taken or completed. The option to withhold funds is in addition
to, and not in lieu of the City's right to suspend or terminate this Agreement. The City may consider
performance under this Agreement when considering future awards.
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Agenda Item #2.
I. Suspension or Termination
The Subrecipient may pursue such remedies as are available to it in accordance with 2 CFR Part 200,
Appendix II, ¶ A, including but not limited to suspension or termination of this Agreement, if the
Subawardee materially fails to comply with any terms or conditions of this Agreement, which include, but
are not limited to, the following:
A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and CRF guidelines, policies or directives as may
become applicable at any time;
B. Failure, for any reason, of the Subawardee to fulfill in a timely and proper manner its
obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement;
D. Submission by the Subawardee to the Subrecipient reports that are incorrect or incomplete in
any material respect; or
E. Failure to take satisfactory corrective action as directed by the City.
In accordance with 2 C.F.R. Part 200, Appendix II, ¶ B, this Agreement may also be terminated for
convenience by either the Subrecipient or the Subawardee, in whole or in part, by setting forth the
reasons for such termination, the effective date, and, in the case of partial termination, the portion to be
terminated. If, in the case of a partial termination, however, the Subrecipient determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
Subrecipient may terminate the award in its entirety.
In the event that funding from the Federal government is withdrawn, reduced or limited in any way after
the effective date of this Agreement but prior to its normal completion, the City may summarily terminate
this Agreement as to the funds reduced or limited, notwithstanding any other termination provisions of
this agreement.
Termination under this Section shall be effective upon receipt of written notice.
In the case of a suspension or termination, monies already received under this Agreement may be owed
back to the City and the City may also declare the Subawardee ineligible for further participation in the
CRF program.
SECTION 3: ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subawardee agrees to comply with 2 CFR 200.302 and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and maintain
necessary source documentation for all costs incurred.
2. Cost Principles
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Agenda Item #2.
The Subawardee shall administer its program in conformance with 2 CFR 200, Subpart E, as
applicable. These principles shall be applied for all costs incurred whether charged on a direct or
indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subawardee shall maintain all records required by the Federal regulations specified in 2 CFR
200.333 that are pertinent to the activities to be funded under this Agreement. Such records shall
include but are not be limited to:
■ Records providing a full description of each activity undertaken;
• Records demonstrating that each activity undertaken meets one of the National
Objectives of the CRF program;
■ Records required to determine the eligibility of activities;
• Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with CRF assistance; and
Records documenting compliance with the fair housing and equal opportunity
components of the CRF program.
2. Retention
The Subawardee shall retain all financial records, supporting documents, statistical records, and
all other records pertinent to the Agreement for a period of five (5) years. Notwithstanding the
above, if there are litigation, claims, audits, negotiations or other actions that involve any of the
records cited and that have started before the expiration of the five year period, then such records
must be retained until completion of the actions and resolution of all issues, or the expiration of
the five year period, whichever occurs later.
3. Beneficiary Data
If applicable, the Subawardee shall maintain beneficiary data demonstrating eligibility for services
provided. Such data shall include, but not be limited to, beneficiary name, address, qualification
for participation in programs, demographic information and description of service provided. Such
information shall be made available to Subrecipient monitors or their designees for review upon
request.
4. Disclosure
The Subawardee understands that client information collected under this contract is private and
the use or disclosure of such information, when not directly connected with the administration of
the Subrecipient's or Subawardee's responsibilities with respect to services provided under this
Agreement, is prohibited unless written consent is obtained from such person receiving service
and, in the case of a minor, that of a responsible parent/guardian.
5. Audits & Inspections
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Agenda Item #2.
All Subawardee records with respect to any matters covered by this Agreement shall be made
available to the Subrecipient, TDEM, the U.S. Treasury, and the Comptroller General of the United
States or any of their authorized representatives at any time during normal business hours, as
often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports must be fully cleared by the Subawardee within thirty
(30) days after receipt by the Subawardee. Failure of the Subawardee to comply with the above
audit requirements will constitute a violation of this Agreement and may result in the withholding
of future payments. The Subawardee hereby agrees to have an annual agency audit conducted
in accordance with current Subrecipient policy concerning Subawardee audits and OMB Circular
A-133.
C. Citizen Participation
The Subawardee will have processes in place (satisfaction surveys, Board representation, grievance
procedures, etc.) which receive, document and utilize the input from low-income persons potentially
benefiting or affected by the program or project covered under this Agreement.
D. Procurement
1. Compliance
The Subawardee shall comply with current Subrecipient policy concerning the purchase of
equipment and shall maintain inventory records of all non -expendable personal property as
defined by such policy as may be procured with funds provided herein. All program assets
(unexpended program income, property, equipment, etc.) shall revert to the Subrecipient
upon termination of this Agreement.
2. OMB Standards
The Uniform Guidance (2 CFR § 200) streamlines and consolidates
government requirements for receiving and using federal awards so as to reduce
administrative burden and improve outcomes. It was published in the Federal Register
(79 Fed. Reg.)
2. Debarment and Suspension
Non-federal entities and contractors are subject to the debarment and suspension
regulations implementing Executive Order 12549, Debarment and Suspension (1986)
and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the
Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non -procurement
Debarment and Suspension). These regulations restrict awards, subawards, and contracts with
certain parties that are debarred, suspended, or otherwise excluded from or ineligible for
participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix 11,11
H; and Procurement Guidance for Recipients and Subawardees Under 2 C.F.R. Part 200 (Uniform
Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team (PDAT)
Field Manual Chapter IV, ¶ 6.d, and Appendix C, ¶ 2 [hereinafter PDAT Supplement]. A contract
award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list
maintained by the General Services Administration that contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
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Agenda Item #2.
statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be
accessed at www.sam.gov. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV, ¶ 6.d and
Appendix C, ¶ 2.
a. In general, an "excluded" party cannot receive a Federal grant award or a contract within the
meaning of a "covered transaction," to include subawards and subcontracts. This includes
parties that receive Federal funding indirectly, such as contractors to recipients and
Subawardees. The key to the exclusion is whether there is a "covered transaction," which is
any non -procurement transaction (unless excepted) at either a "primary" or "secondary" tier.
Although "covered transactions" do not include contracts awarded by the Federal Government
for purposes of the non -procurement common rule and DHS's implementing regulations, it
does include some contracts awarded by recipients and Subawardee.
b. Specifically, a covered transaction includes the following contracts for goods or services:
a. The contract is awarded by a recipient or Subawardee in the amount of at least
$25,000.
b. The contract requires the approval of TDEM, regardless of amount.
c. The contract is for federally -required audit services.
E. Travel
No CRF funds may be used for travel.
SECTION 4: PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. General Compliance
The Subawardee agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title
VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the
Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation
Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975,
Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375,
11478, 12107 and 12086.
2. Nondiscrimination
The Subawardee agrees to comply with the nondiscrimination in employment and contracting
opportunities laws in 2 CFR 3187.12. These applicable nondiscrimination provisions stipulate that
no person in the United States shall on the grounds of race, color, national origin or sex be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity funded in whole or in part pursuant to agreement.
Additionally, the Subawardee shall not, on the grounds of race, color, sex/gender, sexual
orientation, familial status, religion, national origin, creed, ancestry, marital status, age or disability
or handicap:
A. Deny a qualified individual any facilities, financial aid, services or other benefits
provided under this Agreement;
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Agenda Item #2.
B. Provide any facilities, financial aid, services or other benefits which are different, or
are provided in a different manner, from those provided to others under this
Agreement;
C. Subject an individual to segregated or separate treatment in any facility, or in any
matter if process related to receipt of any service or benefit under this Agreement;
D. Restrict an individual's access to or enjoyment of any advantage or privilege enjoyed
by others in connection with any service or benefit under this Agreement;
E. Treat anyone differently from others in determining if they satisfy any admission,
enrollment, eligibility, membership or other requirement or condition which the
individual must meet to be provided a service or a benefit under this Agreement.
F. Deny anyone an opportunity to participate in any program or activity as an employee
which is different from that afforded others under this agreement.
If assignment and/or subcontracting has been authorized in writing, said assignment or
subcontract shall include appropriate safeguards against discrimination in client services binding
upon each contractor or subcontractor. The Subawardee shall take such actions as may be
required to ensure full compliance with the provisions, including sanction for noncompliance.
3. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-
352). In regard to the sale, lease, or other transfer of land acquired, cleared or improved with
assistance provided under this Agreement, the Subawardee shall cause or require a covenant
running with the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such
land, or in any improvements erected or to be erected thereon, providing that the Subrecipient
and the United States are beneficiaries of and entitled to enforce such covenants. The
Subawardee, in undertaking its obligation to carry out the program assisted hereunder, agrees to
take such measures as are necessary to enforce such covenant, and will not itself so discriminate.
4. Section 504
The Subawardee agrees to comply with all Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination
against the individuals with disabilities or handicaps in any Federally assisted program. The
Subrecipient shall provide the Subawardee with any guidelines necessary for compliance with
that portion of the regulations in force during the term of this Agreement.
5. Architectural Barriers Act/Americans with Disabilities Act
The Subawardee shall meet the requirements, where applicable, of the Architectural Barriers Act
and the Americans with Disabilities Act. A building or facility designed, constructed, or altered with
federal funds is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC
4151-4157) and shall comply with the Uniform Federal Accessibility Standards. The Americans
with Disabilities Act ("ADA') (42 USC 12131; 47 USC 155, 210, 218, and 255) requires that the
design and construction of facilities for first occupancy after January 26, 1993 must include
measures to make them readily accessible and usable by individuals with disabilities. The ADA
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further requires the removal of architectural barriers and communication barriers that are
structural in nature in existing facilities, where such removal is readily achievable —that is, easily
accomplishable and able to be carried out without much difficulty or expense.
B. Affirmative Action
1. Women- and Minority -Owned Businesses (W/MBE)
The Subawardee will use its best efforts to afford small businesses, minority business enterprises,
and women's business enterprises the maximum practicable opportunity to participate in the
performance of this Agreement. As used in this Agreement, the terms "small business" means a
business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended
(15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-
one (51) percent owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish
surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The
Subawardee may rely on written representations by businesses regarding their status as minority
and female business enterprises in lieu of an independent investigation.
2. Access to Records
The Subawardee shall furnish and cause each of its own Subawardees or subcontractors to
furnish all information and reports required hereunder and will permit access to its books, records
and accounts by the Subrecipient, TDEM or its agent, or other authorized Federal officials for
purposes of investigation to ascertain compliance with the rules, regulations and provisions stated
herein.
3. Notifications
The Subawardee will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding a notice, to be provided by
the agency contracting officer, advising the labor union or worker's representative of the
Subawardee's commitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement
The regulation at 41 C.F.R. § 60-1.3 defines a "federally assisted construction contract" as any
agreement or modification thereof between any applicant and a person for construction work
which is paid for in whole or in part with funds obtained from the Government or borrowed on the
credit of the Government pursuant to any Federal program involving a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant,
contract, loan, insurance, or guarantee, or any application or modification thereof approved by
the Government for a grant, contract, loan, insurance, or guarantee under which the applicant
itself participates in the construction work.
The Subawardee will, in all solicitations or advertisements for employees placed by or on behalf
of the Subawardee, state that it is an Equal Opportunity and Affirmative Action employer.
The Subawardee shall comply with Executive Order 11246 as amended by Executive Order
12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) and will not discriminate
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Agenda Item #2.
against any employee or applicant for employment because of race, color, creed, religion,
ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard
to public assistance. The Subawardee will take affirmative action to ensure that all employment
practices are free from such discrimination. Such employment practices include but are not limited
to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff, termination, rates of pay, or other forms of compensation and selection for training,
including apprenticeship.
The Subawardee agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of this nondiscrimination clause.
5. Subcontract Provisions
The Subawardee will include the provisions of Section 5. A, Civil Rights, and B, Affirmative Action,
in every subcontract or purchase order, specifically or by reference, so that such provisions will
be binding upon each of its own Subawardees or subcontractors.
C. Employment Restrictions
1. Prohibited Activity
The Subawardee is prohibited from using funds provided herein or personnel employed in the
administration of the program for: political activities; inherently religious activities; lobbying;
political patronage; and nepotism activities. The Byrd Anti -Lobbying Amendment, 31 U.S.C. §
1352 (as amended) is applicable to any and all Contractors who apply or bid for an award of
$100,000 or more. Such Contractors shall file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C.
§ 1352. Each 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.
2. Labor Standards
The Subawardee agrees to comply with the requirements of the Secretary of Labor in accordance
with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and
regulations pertaining to labor standards insofar as those acts apply to the performance of this
Agreement. The Subawardee agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C.
874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part 3.
The Subawardee shall maintain documentation that demonstrates compliance with hour and
wage requirements of this part. Such documentation shall be made available to the Subrecipient
for review upon request.
The Subawardee agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under contracts
in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with
assistance provided under this contract, shall comply with Federal requirements adopted by the
Subrecipient in 2 CFR Part 200, Appendix II, ¶ D, pertaining to such contracts and with the
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applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3,
5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers;
provided that, if wage rates higher than those required under the regulations are imposed by state
or local law, nothing hereunder is intended to relieve the Subawardee of its obligation, if any, to
require payment of the higher wage. The Subawardee shall cause or require to be inserted in full,
in all such contracts subject to such regulations, provisions meeting the requirements of this
paragraph.
3. Drug -Free Workplace
The Subawardee will or will continue to provide a drug -free workplace by:
A. Maintaining a Zero Tolerance Drug Policy;
B. Posting in conspicuous places, available to employees and applicants for
employment, a statement notifying employees that the unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or marijuana
is prohibited in the Subawardee's workplace and specifying the actions that will be
taken against employees for violations of such prohibition;
C. Stating in all solicitations or advertisements for employees or subcontractors placed
by or on behalf of the Subawardee that the Subawardee maintains a drug -free
workplace;
D. Establishing an ongoing drug -free awareness program to inform employees about:
■ The dangers of drug abuse in the workplace;
■ The Subawardee's policy of maintaining a drug -free workplace;
■ Any available drug counseling, rehabilitation, and employee assistance
programs; and
■ The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
E. Including the provisions of the foregoing clauses in all third -party contracts,
subcontracts, and purchase orders that exceed ten thousand dollars ($10,000.00), so
that the provisions will be binding upon each subcontractor or vendor.
D. Conduct
1. Assignability
The Subawardee shall not assign or transfer any interest in this Agreement without the prior
written consent of the Subrecipient; provided, however, that claims for money due or to become
due to the Subawardee from the Subrecipient under this contract may be assigned to a bank,
trust company, or other financial institution without such approval. Notice of any such assignment
or transfer shall be furnished promptly to the Subrecipient. All terms and conditions of this
Agreement shall apply to any approved subcontract or assignment related to the Agreement.
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Agenda Item #2.
2. Subcontracts
A. Approvals
The Subawardee shall not enter into any subcontracts with any agency or individual in the
performance of this Agreement without the written consent of the Subrecipient prior to the
execution of such agreement.
B. Monitoring
The Subawardee will monitor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in written reports
and supported with documented evidence of follow-up actions taken to correct areas of
noncompliance.
C. Content
The Subawardee shall cause all the provisions of this Agreement in its entirety to be
included in and made a part of any subcontract executed in the performance of this
Agreement.
D. Selection Process
The Subawardee shall undertake to ensure that all subcontracts let in the performance of
this Agreement shall be awarded on a fair and open competition basis in accordance with
applicable procurement requirements. Executed copies of all subcontracts shall be
forwarded to the Subrecipient along with documentation concerning the selection process.
3. Hatch Act
The Subawardee agrees that no funds provided, nor personnel employed under this Agreement,
shall be in any way or to any extent engaged in the conduct of political activities in violation of
Chapter 15 of Title V of the U.S.C.
4. [Reserved]
5. Conflict of Interest
The Subawardee agrees to abide by the provisions of 2 CFR 200.112, which include, but are not
limited to the following:
A. The Subawardee shall maintain a written code or standards of conduct that shall
govern the performance of its officers, employees or agents engaged in the award and
administration of contracts supported by Federal funds.
B. No employee, officer or agent of the Subawardee shall participate in the selection, the
award or the administration of a contract supported by Federal funds if a conflict of
interest, real or apparent, would be involved.
C. No covered persons who exercise or have exercised any functions or responsibilities
with respect to CRF-assisted activities, or who are in a position to participate in a
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Agenda Item #2.
decision -making process or gain inside information with regard to such activities, may
obtain a financial interest in any contract, or have a financial interest in any contract,
subcontract, or agreement with respect to the CRF-assisted activity, or with respect to
the proceeds from the CRF-assisted activity, either for themselves or those with whom
they have business or immediate family ties, during their tenure or for a period of one
(1) year thereafter. For purposes of this paragraph, a "covered person" includes any
person who is an employee, agent, consultant, officer, or elected or appointed official
of the Subrecipient, the Subawardee, or any designated public agency.
6. Lobbying
The Subawardee hereby certifies that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to
any person for influencing or attempting to influence an 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 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;
B. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an 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, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions; and
C. It will require that the language of paragraph (d) 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 Subawardees
shall certify and disclose accordingly:
D. Lobbying Certification
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 section 1352, title
31, U.S.C. 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.
7. Subrecipient Recognition
The Subawardee shall ensure recognition of the role of the City in providing services through this
Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be
prominently labeled as to the funding source. In addition, the Subawardee will include a reference
to the support provided herein in all publications made possible with funds made available under
this Agreement.
8. Copyright
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Agenda Item #2.
If this Agreement results in any copyrightable material or inventions, the Subrecipient reserves
the right to a royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise
use, and to authorize others to use, the work or materials for governmental purposes.
9. Religious Activities
The Subawardee agrees that funds provided under this Agreement will not be utilized for
inherently religious activities prohibited by 2 CFR 3474.15 such as worship, religious instruction,
or proselytization. In addition to, and not in substitution for, other provisions of this Agreement
regarding the provisions of services utilizing CRF funds the Subawardee agrees that, in
connection with such services:
A. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the
basis of religion;
B. It will not discriminate against, limit, or give preference to, any person applying for such
public services on the basis of religion; and
C. It will provide no mandatory religious instruction or counseling, conduct no religious
worship or services, engage in no religious proselytizing, and exert no other religious
influence in the provision of such services.
SECTION 6: ENVIRONMENTAL
CRF regulations require the preparation of a project Environmental Review Record (ERR) and
environmental clearance before funds are expended or costs incurred. The overall governing legislation
is the National Environmental Policy Act (NEPA). City staff will complete the ERR. The time required for
completion of the ERR can vary from a week to a few months. If the initial Environmental Assessment
determines that an Environmental Impact Statement (EIS) or a Biological Assessment (BA) is necessary,
the Subawardee will be required to make appropriate budget modifications to assure the costs of the EIS
or BA are paid for from project funds. After completing the ERR, the City may publish a notice of a Finding
of No Significant Environmental Impact (FONSI) in a local newspaper declaring the intent to request
release of project funds. The City must also determine whether the project meets other applicable
statutory and regulatory requirements which include by are not limited to the following:
A. Air and Water
The Subawardee agrees to comply with the following requirements insofar as they apply to the
performance of this Agreement:
■ Clean Air Act, 42 U.S.C., 7401, et seq. and 2 C.F.R. Part 200, Appendix II, ¶ G;
■ Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended,
1318 relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308, and all regulations and
guidelines issued thereunder;
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
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Agenda Item #2.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the Subawardee shall assure that for activities located in an area identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazards, flood insurance under the National
Flood Insurance Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
C. Historic Preservation
The Subawardee agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth
in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic
Properties, insofar as they apply to the performance of this Agreement. In general, this requires
concurrence from the State's designated office for dealing with Historic Preservation, for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are included
on a Federal, state, or local historic property list.
SECTION 7: SEVERABILITY
It is understood and agreed by the parties that if any part, term, or provision of this Agreement is held by
the courts to be invalid, illegal or in conflict with any law, the remainder of the Agreement shall not be
affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.
SECTION 8: SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement.
SECTION 9: WAIVER
The Subrecipient's failure to act with respect to a breach by the Subawardee does not waive its right to
act with respect to subsequent or similar breaches. The failure of the Subrecipient to exercise or enforce
any right or provision shall not constitute a waiver of such right or provision.
SECTION 10: SUCCESSORS
This Agreement shall be binding upon each of the parties, their assigns, purchasers, trustees, and
successors.
SECTION 11: ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Subrecipient and the Subawardee for the
use of funds received under this Agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between the Subrecipient and the
Subawardee with respect to this Agreement.
SECTION 12: NO THIRD -PARTY BENEFICIARIES
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Agenda Item #2.
Attachment A
TDEM Guidance — Operation Connectivity
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Agenda Item #2.
TDEM
T 11I TLX.V A8.A1 11AItitIS1 f Y 5lYt1M
October 29, 2020
Subject: 2020 Coronavirus Relief Fund — Operation Connectivity Updated Guidance
In support of Operation Connectivity, cities and counties that have received CRF funding
through the Texas Division of Emergency Management may allocate funds to local education
agencies (LEAs) for cost share related to eligible expenditures with the Operation
Connectivity program. If a city or county provides funding to an LEA for this purpose the
allocation will be allocated from the county or municipality's 75 percent spending requirement
that is identified in the first three categories within the CRF Terms and Conditions.
Cities and counties that provide funding to LEAs must:
1. Include anticipated expenditures in the spending plan that is required to be submitted
to TDEM by November 13, 2020.
2. Submit supporting documentation that includes documentation of all costs and the
categorization of costs that align to allowable expenditures within the Operation
Connectivity program by December 15, 2020. Examples include number of devices
purchased, proof of purchase/invoices, proof of payment made to vendors, etc.
3. Submit documentation that codifies the agreement between the city/county and the
LEA that states that the city/county will transfer funds to the LEA (including amount) for
eligible expenses that support Operation Connectivity in alignment with the CRF
Terms and Conditions (https://tdem.texas.gov/wp-content/uploads/2019/08/CRF-
Terms-and-Conditions Final.pdf).
Further information on Operation Connectivity can be found at the following link:
https://tea.texas.qov/texas-schools/health-safety-discipline/covid/covid-19-support-
instructional-continuity-planning#operationconnectivity or by email at
operationconnectivity(a�tea.texas.gov.
If you have any questions, please contact your TDEM Regional Recovery and Mitigation Unit
Chief.
1033 LaPosada Dr Ste 300 Austin Texas 78752
24 Hours: 512-424-2208, Fax 512-424-2444
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Agenda Item #2.
Attachment B
Nov 11 Thursday Memo — CRF Update No. 4
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Agenda Item #2.
12 November 2020
To: Mayor and City
Council members
Update on the wide-ranging areas of support from the City deploying
the CARES Act funding entrusted to us. All been done in compressed
Memo timeline and in adherence with rules that are clarified and updated
throughout the process. Working diligently towards using by end of
December 2020 deadline. Clay
To: Clay P arson, city manager (IM i rolicy uniet)
From: Joel ardy (IMT Operations Section Chief - Recovery), Grants &
Spec .I Projects Administrator
CC: Tre Epperson, Deputy City Manager; Ron Fraser (IMT Unified
Inci gent Commander), Assistant City Manager; John McDonald
(IM Unified Incident Commander), Community Development
Di -ctor; Peter Martin, Emergency Management Coordinator;
K. sie Christman, PD Business Administrator (IMT Operations
S ction Deputy Chief)
Date: ovember 11, 2020
Re: COVID-19 Community Impact Recovery Plan - Update #4
PURPOSE
The purpose of this memo is to provide a recurring series of updates on the implementation of
the City's COVID-19 Community Impact Recovery Plan, including any pending changes,
additional Council input and discussion, Council actions, or other progress being made towards
meeting Plan objectives.
UPDATES
Rental/Utility Assistance
MPACT Strategic Consulting has been working diligently on the implementation and management
of the local rental/utility assistance program and a number of notable progress has been made in
the past two months; including but not limited to:
1. Establishment of the local call -center at City Hall Annex, hosting three caseworkers and
the necessary computers and telephone systems to field calls from customers;
2. Completion and implementation of a web -based application portal designed to collect and
process tenant applications and landlord registrations;
3. Publication of the program via press release and correspondences with local stakeholders
and community organizations, including the Pearland Neighborhood Center, United Way
of Brazoria County, Salvation Army, Houston Apartment Association and local multifamily
apartment complexes; and
4. Official launch of the program via webportal at pearlandtx.gov/COVID-rental-assistance.
As a result, the following rental/utility assistance activities have occurred to -date:
• 496 applications for rental/utility assistance have been received as of 11/05/2020;
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Agenda Item #2.
• 48 local landlords, mostly multifamily apartment complexes, are registered to participate
in the program;
• $377,607 in rental assistance under review for approval;
• $38,995 in electricity utility assistance under review for approval;
• $15,255 in water/sewer utility assistance under review for approval; and
• $2,144 in gas utility assistance under review for approval.
Current applications for assistance covering the months of September and October totals
$434,001. Applications will continue to be processed for additional applicants that may qualify for
assistance covering the months of November and December, through December 4, 2020.
Business Recovery
LiftFund has been selected as the service -provider for the purpose of implementing local business
recovery grants to qualified small businesses in Pearland that have suffered economic losses due
to COVID-19 and related closings over the course of the pandemic.
Grant program activities are being overseen and managed via a partnership between the City,
PEDC and LiftFund. As previously reported, the City's CRF funding is being used to provide direct
assistance to qualifying local businesses, anywhere from $1,000 to $15,000. A total of $800,000
was allocated for the grant program and the deadline for submitting applications was October 26,
2020.
Update
As of November 5, 2020, the tables below provide an overview of the grant program and
details about applicants that have submitted requests for assistance:
Pearland Grant
Grand Total
# Applications
98
Amount Requested by Applicants*
$ 1,377,686
#Applications removed from pipeline, Criteria Not Met after review
11
# Applications, no Recommended Amount yet
47
Approval Pending (#)
40
Approval Pending ($)
$ 312,000
Grant Award Pending (#)
0 J
Grant Award Pending ($)
$ -
Award Funding Requested (#)
1
0
Award Funding Requested ($)
$ -
Award Finalized # (Docusign Complete)
0
Award Finalized (DocuSign Complete)
$ -
Funding Complete (#)
07
7
Funding Complete ($)
$ -
Total Applicants in Grant Award Pipeline
40
Total Amount of Grant Award in Pipeline
$ 312,000
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Agenda Item #2.
Total Amount Approved &/or Funded
Total Amount Approved &/or Funded
*This is the amount requested by the applicant but not what the program would be able to support
in grant funding, based on the maximum $15,000 per applicant.
Gender
Grand Total
L Female
52%
Male
48%
Race/Ethnicity
Grand Total
African American
22%
Asian
32%
Hispanic Origin
19%
Other Minority
White
3%
23%
Veteran Status
Grand Total
Veteran & Spouse
Veteran
3%
2%
Spouse of Veteran
Non -Veteran
Public Schools
3%
92%
The COVID-19 Community Impact Recovery Plan includes allocations to the two public school
systems located within the City and also Brazoria County. These funds will be used for eligible
facility improvements in area schools and other public spaces, similar to those the City will be
installing due to Coronavirus pandemic public health and safety priorities. Council's Regular
Meeting on September 28 resulted Council concurrence with two Subrecipient Agreements,
allocating each District $130,000 for the purpose of installing eligible COVID-19 preventative
facility improvements.
Update
The State has recently issued new guidance on the use of the Coronavirus Relief Fund (CRF) in
support of school -based Operation Connectivity costs. Staff recommend consideration for this
outlay, reallocating funds previously thought to be eligible for business -related PPE expenditures,
that could otherwise aid school systems in Pearland with their technology costs related to remote
schooling of local students. This would allow the City to allocate an additional $500,000 to each
of the two school Districts operating in the State -funded, Brazoria County area of the City, and
possibly those in Fort Bend and/or Harris County.
If successful, Alvin ISD and Pearland ISD would each be receiving a total of $630,000 and other
school systems in Fort Bend and Harris counties could receive small portions of funding for similar
costs per Pearland students in their schools. Staff will immediately investigate the full implications
of the State's guidance and act accordingly with the development and presentation of a
recommendation to management and City Council as soon as possible.
Page 172 of 296
City Council Regular Meeting - Dec 07 2020
Agenda Item #2.
The letter below was provided to staff on October 29, 2020, detailing the opportunity to
utilize CRF funds in this manner:
TDEM
Ira tif...* ISM URunun w,nu
October29 2020
Subject 2020 Coronavirus Relief Fund - Operation Connectivity Updated Guidance
In support of Operation Connectivity. cities and counties that have received CRF funding
through the Texas Division of Emergency Management may allocate funds to local education
agencies (LEAs) for cost share related to eligible expenditures with the Operation
Connectivity program If a city or county provides funding to an LEA for this purpose the
allocation will be allocated from the county or municipality's 75 percent spending requirement
that is identified in the first three categories within the CRF Terms and Conditions
Cities and counties that provide funding to LEAs must
Include anticipated expenditures in the spending plan that is required to be submitted
to TDEM by November 13, 2020.
2 Submit supporting dociwnentation that includes documentation of all casts and the
categonzabon of costs that align to allowable expenditures within the Operation
Connectivity program by December 15, 2020, Examples include number of devices
purchased, proof of purchase/invoices, proof of payment made to vendors, etc
3 Submit documentation that codifies the agreement between the crty/county and the
LEA that states that the city/county will transfer funds to the LEA (including amount) for
eligible expenses that support Operation Connectivity in alignment with the CRF
Terms and Conditions(n:tps,Adem.texas.goviwa•contcnt'uploads 2019?0B CRF
Terns -and -fond buns Final pdf).
Further information on Operation Connectivity can be found at the following Zink:
https Utea texas quit lexas-schools/health-safety-discpI nercovid covid-19-support•
instructional.continui1v.planning4operationconnectivity or by emai at
oileratlonconnectiyrty 1teatexas cloy.
If you have any questions. please contact your TDEM Regional Recovery and Mitigation Unit
Chief
PPE and Facility Sanitizing
Staff originally recommended the use of $300,000 in CRF allocations for the purpose of buying
AeroClave room/vehicle sanitizing equipment and large amounts of PPE for internal uses to
protect staff and the public from the spread of Coronavirus.
Update
4
Page 173 of 296
City Council Regular Meeting - Dec 07 2020
Agenda Item #2.
New U.S. Treasury guidance restricts grantees from incurring costs related to voluminous
amounts of PPE, so staff recommend reducing the intended expenditure and possibly reallocating
some of this planned expenditure elsewhere. Cleaning supplies are in notable demand, so
additional purchases of sanitary wipes, disinfectant, and other products may be necessary to get
the City through the remaining pandemic.
Facility Improvements
Update
Several City facilities will be retrofitted with touchless doors, lavatory faucets and fixtures,
protective glass shields, and HVAC filtration materials that prevent the spread of Coronavirus.
Most of these projects are in the procurement phase, but protective glass shields are being
installed in the Council Chamber in anticipation of a return to in -person public meetings, with
appropriate room capacity limitations and the continued use of masks.
The November 9 Regular Meeting contained an agenda item to award a contract for the plumbing
and lavatory fixtures needed to make restrooms throughout certain City facilities as "touchless"
as possible, and quotes for door replacements and other devices are being reviewed for cost -
reasonableness. Below are pictures of the current installation of protective guards in the Council
Chamber, which began on November 5.
In addition, the Dispatch Center at the City's Public Safety Building (PSB) should have similar
improvements considered, as well as a redesign of the workstation configurations for several
reasons. Telecommunications staff in that location work out of the Center 24/7, are largely unable
to social distance, and the full-time occupancy of the space limits the ability for decontamination
and disinfecting via "fogging," as that action requires people not be exposed to the chemical
disinfectants for at least 20 minutes.
Therefore, staff recommend approximately $15,000 in CRF funds be considered for use in retrofits
and improvements to meet important employee health and safety measures, as these
improvements ultimately have a nexus to public health and safety. The Dispatch staff are 100%
responsible for ensuring fire, emergency medical and police calls for service are administered
and that the public is able to benefit from life-saving public safety and health resources. This
expenditure will fall within the Public Health "bucket" within the Coronavirus Relief Fund (CRF)
75% spending criteria.
5
Page 174 of 296
City Council Regular Meeting - Dec 07 2020
Agenda Item #2.
Field -Based Assignment Pay (FBAP)
Staff assessments of employee eligibility for "hazard pay" is complete and departments have
reviewed and considered the personnel lists of payees for qualification. At this time, the applicable
personnel file is being transmitted to Finance — Accounting — Payroll for the appropriate pay codes
and calculations to be assigned to the approved dollar amounts, by hazard "tier." For reference
purposes, Council acted on this measure on September 14, 2020 and for the following categories,
all of which pertain to personnel with duties that called for some form of direct interaction with the
public that could not be handled virtually or through remote work:
• Tier 1: Full-time employees with continuous utilization throughout response and recovery (69
classifications), regardless of facility status ($900);
• Tier 2: Part-time employees with continuous utilization throughout response and recovery (5
classifications), regardless of facility status ($450);
• Tier 3: Full-time employees with limited utilization due to facility closure (27 classifications)
for a portion of the incident ($450); and
• Tier 4: Part-time employees with limited utilization due to facility closure (6 classifications) for
a portion of the incident ($200).
As it stands, staff anticipate payments being made to 489 of 726 full-time employees
(67.35%); and 82 of 113 part-time employees (72.56%). The stipend portion of pay is
estimated to total $459,750, with another $115,314 being allocated towards applicable
benefits, for allocation of $575,064. Payments to employees are scheduled to be made on
the December 4 pay -date.
SUMMARY
Attached is a current summary of allocations, actual expenditures and planned outlays based on
the latest revised version of the COVID-19 Community Impact Recovery Plan. Actual
expenditures are in black and planned outlays anticipated over the next month or so appear in
green. It is important to note that there are proposed changes in expenditures since the 1st
Revision that will be administratively considered due to the exigency and compliance with State
rules, but will be brought back to Council for final reconciliation as staff close out the CRF in
December.
Page 175 of 296
City Council Regular Meeting - Dec 07 2020
City Council Regular Meeting - Dec 07 2020
96Z10 9L6 abed
Coronavirus Relief Fund - November 2020 Status Update on Spending and Planned Outlays
Jurisdiction
Direct (Brazorla)
Harris County
Fort Bend County
TOTALS
Population
115,891
5,239
1,021
122.151
Per -Capita Allotment
$55.00
$55.00
$55.00
$55.00
Coronavirus Relief Fund
$6,374,005 $288,145
$56,155 $6,718,305
Description
TDEM CRF 1 Harris County f Fort Bend County 1 TOTALS
Mental Health Service;
Rental/Utility Assistance
$100,000
$645,000 $100,000
$100,000
$50,000 $795,000
$745,000 $100,000
$50,000 $895,000
Public Health Advisory Services $88,000
Assistance to Local Public School: $260,000
Medical Testing Reimbursement $152,000
$500,000 $0 $0 $500,000
Economic Loss
$800,000 $188,035 $988,035
PPE for Businesses $1,000,000
$1,800,000 $188,035
$1,000,000
$0 $1,988,035
Field -Based Assignment PaN $575,000 $575,000
Personnel - Dedicatec $1,555,504 $1,555,504
Supplies and Material: $300,000 $300,000
Technology Enhancements $148,501 $6,155 $154,656
Facilities Improvements $573,501 $573,501
Contracts & Services (Sanitization $176,499 $176,499
$3,329,005 $0 $6,155
Expenditures and Planned Outlays
July August Sept Oct Nov
Dec
$ 434,001
$ 510,999
$ - $ - $ - $ 434,001 $ 510,999
$ 88,000
$ 1,000,000
$ 15,000
$ - $-
$ $ - $ 1,103,000
$ 800,000
$ - $- $-
$ 800,000 $
$ 575,000
$ 874,755
$ 719,251
$ 56,392
$ 148,501
$ 573,501
$ 21,116
$3,335,160 $ 148,501 $ 952,263 $ - $ - $
- $ 1,867,752
Revised Budget $6,374,005 $288,035 $56,155 $6,718,195 $ 148,501 $ 952,263 $ - $ - $ 1,234,001 $ 3,481,751
GRAND TOTAL EXPENDITURES
VARIANCE - AVAILABLE BALANCE
$ 5,816,516
$ 901,679
.z# uaaii epueby
Agenda Item #2.
Attachment C
PISD Technology Device Initiative
Page 177 of 296
City Council Regular Meeting - Dec 07 2020
Agenda Item #2.
PEARLAND INDEPENDENT SCHOOL DISTRICT
TECHNOLOGY DEVICE INITIATIVE - COST ANALYSIS
July 8, 2020
Vendor/Product
DELL
Latitude 3310
Data Protection Suite DDVE Bundle
Unity 380F All -Flash DPE
131N CASE CBCS DROP TECH BLK
Dell Financing Cost - Rate Factor
INTEGRATION PARTNERS
FortiEDR Deployment up to 30K units
FortiEDR Predit-Protect-Response 10K units
FortiClient Security Fabric Agent License 10K units
APPLE
10.2-IN. IpAD 128gb
4-Year AppleCare+ OS
Logitech rugged combo + keyboard
SHI GOV'T SOLUTIONS
JAMF License for iPads
Total Cost of District Initiative
Price
Quantity Extended Cost
$466.91 18,500
57,956.07 2
143,012.41 1
18.09 18,500
$201,453.48
0.25940
$27,945.00
580,105.00
117,800.00
$725,850.00
$394.00
65.00
56.00
$515.00
$8,637,835.00
115,912.14
143, 012.41
334,665.00
$9,231,424.55
347,101.57
$9,578,526.12
1 $27,945.00
2 1,160, 210.00
2 235,600.00
3,100
3,100
3,100
$16.48 3,100
$1,423,755.00
$1,221,400.00
201,500.00
173, 600.00
$1,596,500.00
$51,088.00
$12,649,869.12
Page 178 of 296
City Council Regular Meeting - Dec 07 2020