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R2020-192.1 2020-12-07RESOLUTION NO. R2020-192.1 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 Alvin Independent School District (AISD), increasing the original amount of $130,000.00 to $300,000.00, 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 AISD, 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 AISD. PASSED, APPROVED, and ADOPTED this the 7ch day of December, A. D., 2020. ATT AL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: 0-/ DARRIN M. COKER CITY ATTORNEY 7t ., IN COLE /YOR • U Agenda Item #3. Exhibit A Subawardee Agreement between City of Pearland & Alvin ISD Page 183 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. CORONAVIRUS RELIEF FUND — 1st Amended SUBAWARD AGREEMENT between THE CITY OF PEARLAND, TEXAS and ALVIN 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 Alvin 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 City of Pearland, Texas Page 1 of 21 CRF Subawardee Agreement Page 184 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. Activity #1 Provide emergency capital improvements, installation of fixtures and equipment, and/or other facility improvements to AISD 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 serological 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. City of Pearland, Texas Page 2 of 21 CRF Subawardee Agreement Page 185 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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: Alvin Independent School District COVID-19/Coronavirus Prevention, Response and/or Recovery. Project Location: Alvin 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$430,000 $300,000 SECTION 3: TERM OF AGREEMENT The term of this Agreement is March 1, 2020 through 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 City of Pearland, Texas Page 3 of 21 CRF Subawardee Agreement Page 186 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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: Alvin 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 $300,000 Payroll — Personnel Substantially Dedicated to COVID-19 $ TOTAL $300,000 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); City of Pearland, Texas Page 4 of 21 CRF Subawardee Agreement Page 187 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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 City of Pearland, Texas Page 5 of 21 CRF Subawardee Agreement Page 188 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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 15t 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 Daniel Combs Carol Nelson Carol Nelson 301 E. House Street Alvin, TX 77511 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. City of Pearland, Texas Page 6 of 21 CRF Subawardee Agreement Page 189 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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 City of Pearland, Texas Page 7 of 21 CRF Subawardee Agreement Page 190 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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. City of Pearland, Texas Page 8 of 21 CRF Subawardee Agreement Page 191 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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 City of Pearland, Texas Page 9 of 21 CRF Subawardee Agreement Page 192 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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 City of Pearland, Texas Page 10 of 21 CRF Subawardee Agreement Page 193 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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 II, ¶ 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 City of Pearland, Texas Page 11 of 21 CRF Subawardee Agreement Page 194 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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; City of Pearland, Texas Page 12 of 21 CRF Subawardee Agreement Page 195 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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 City of Pearland, Texas Page 13 of 21 CRF Subawardee Agreement Page 196 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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 City of Pearland, Texas Page 14 of 21 CRF Subawardee Agreement Page 197 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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 City of Pearland, Texas Page 15 of 21 CRF Subawardee Agreement Page 198 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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. City of Pearland, Texas Page 16 of 21 CRF Subawardee Agreement Page 199 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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 City of Pearland, Texas Page 17 of 21 CRF Subawardee Agreement Page 200 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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 City of Pearland, Texas Page 18 of 21 CRF Subawardee Agreement Page 201 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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. City of Pearland, Texas Page 19 of 21 CRF Subawardee Agreement Page 202 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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 City of Pearland, Texas Page 20 of 21 CRF Subawardee Agreement Page 203 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item#3 Except as expressly provided otherwise, this Agreement is intendedlo tie solely for the benefit of the parties and shall not otherwise bedeemed to confer upon or give to any other. -person or third.parly any. remedy, claim, cause or action or other right.. SECTION -13:GOVERNI1146LAW.ANDJURISDICTION 7his�1" Artiended_Agreement.shall"be construed in accordance with the. laws -of the -State of Taxes:. n the event of any dispute over the Agreement's termsandconditions, the exclusive venue and jurisdiction .for any litigation arising thereunder shall be in the.DistrictCourt of Brazoria County, and, if.necessary for exclusive federal questions,. the United States District Court for the District of Texas. IN WITNESS WHEREOF, the Parties have eRecuted.this Agreement as of the date of the most recent signatory. Subrecipient:. 'Federal I.D. # 74-6026909 'DATE" -- DUNS#` �Ui�e('1lfaen t91'� _ _ 71� _ -ta::�a7�aoaw DATE Subawardee Agreement M11■ 'Page 204 of 296 City Couneii.Regular Meeting - Dec.072020 Agenda Item #3. Attachment A TDEM Guidance — Operation Connectivity Page 205 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. TDEM T tit t 1700 A60,1l,!+Ivt.1 }11'1 SY)II 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.gov/texas-schools/health-safety-discipline/covid/covid-19-support- instructional-continuity-planning#operationconnectivity or by email at operationconnectivity(@,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 Page 206 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. Attachment B Nov 11 Thursday Memo — CRF Update No. 4 Page 207 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. t <r,„ sqh 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 Memotimeline and in adherence with rules that are clarified and updated �+ 1 1 1 throughout the process. Working diligently towards using by end of December 2020 deadline. Clay To: Clay P arson, city Manager (IM i l'oncy cniet) From: Joel ardy (IMT Operations Section Chief - Recovery), Grants & Spec'oI Projects Administrator CC: Tre Epperson, Deputy City Manager; Ron Fraser (IMT Unified Ind lent Commander), Assistant City Manager; John McDonald (IM Unified Incident Commander), Community Development Dir-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; Page 208 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. • 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 $800,000 was allocated for the grant program and the deadline for submitting applications was October 26, 2020. Update As of November 5, 2020, the tables below provide an overview of the grant program and details about applicants that have submitted requests for assistance: Pearland Grant Grand Total # Applications 98 Amount Requested by Applicants* #Applications removed from pipeline, Criteria Not Met after review #Applications, no Recommended Amount yet Approval Pending (#) Approval Pending ($) Grant Award Pending (#) Grant Award Pending ($) Award Funding Requested (#) Award Funding Requested ($) Award Finalized # (Docusign Complete) Award Finalized (DocuSign Complete) Funding Complete (#) Funding Complete ($) $ 1,377,686 $ 312,000 11j 47 40 01 0 0 Total Applicants in Grant Award Pipeline Total Amount of Grant Award in Pipeline $ 312,000 40 Page 209 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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 Female 52% Male 48% Race/Ethnicity African American Grand Total 22% Asian 32% L Hispanic Origin 19% Other Minority 3% White 23% Veteran Status Grand Total Veteran & Spouse 3% Veteran Spouse of Veteran Non -Veteran Public Schools 2% 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 210 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. The letter below was provided to staff on October 29, 2020, detailing the opportunity to utilize CRF funds in this manner: TDEM IIR,s\IUfl won. 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 educat o - 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 as required 10 be submitted to TDEM by November 13, 2020. Submit supporting documentation that includes documentation of all costs and the categonzation 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. Subunit documentation that codifies the agreement between the city/county and the LEA that stales 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 (retps.`.tderr.texas.00v,wp-content'uploads-2019/0&CRF Terms -and -Conditions Final pdf). Further information on Operation Connectivity can be found at the following link: https Iftea texas govtexas-sct)oolsihealih-safety-discipline'covidicovid-19-support• instructional•continuity-plannincAloperationconnectivity or by emai at ooerationcoretectivitvatea texas c 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 211 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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. Page 212 of 296 City Council Regular Meeting - Dec 07 2020 Agenda Item #3. 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 15t 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 213 of 296 City Council Regular Meeting - Dec 07 2020 96Z Jo VIZ abed Coronavirus Relief Fund - November 2020 Status Update on Spending and Planned Outlays Jurisdiction Population Per -Capita Allotmenl Coronavirus Relief Fund Direct (Brazorla) 115,891 $55.00 Harris County 5,239 $55.00 Fort Bend County 1,021 $55.00 TOTALS 122,151 $55.00 $6,374005 $288,145 $56,155 $6,718,305 Description TDEM CRF I Harris County I Fort Bend County I TOTALS Mental Health Service; Rental/Utility Assistance $100,000 $645,000 $100,000 $745,000 $100,000 Public Health Advisory Service: $88,000 Assistance to Local Public Schools $260,000 Medical Testing Reimbursement: $152,000 Economic Loss PPE for Businesses $500,000 $0 $800,000 $188,035 $1,000,000 $1,800,000 $188,035 $100,000 $50,000 $795,000 $50,000 $895,000 $ Expenditures and Planned Outlays July August Sept Oct Nov Dec $0 $500,000 $988,035 $1.000,000 $0 $1,988,035 Field -Based Assignment Pal $575,000 $575,000 Personnel - Dedicatee $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 $3,335,160 $ 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 $ 148,501 $ 952,263 $ - $ - $ - $ 1,667,752 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 $ 5,816,516 VARIANCE - AVAILABLE BALANCE $ 901,679 'c# wa}1 epuebv