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R2020-117.3 2020-12-14 RESOLUTION NO. R2020-117.3 A Resolution of the City Council of the City of Pearland, Texas, amending the City's COVID-19 Community Impact Recovery Plan. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS; Section 1. That the City Council hereby amends the COVID-19 Community Impact Recovery Plan attached hereto as Exhibit "A." PASSED, APPROVED, and ADOPTED this the 14th day of December, A. D., 2020. J. IN COLE AYOR ATTE C AL AN, TR C, CMC N PEgR� -, CITY SECRETARY SOF;.•' •;O \ APPROVED AS TO FORM � ' cn-'• DARRIN M. COKER CITY ATTORNEY Agenda Item #2. Exhibit A • CityofPearlandCOVlD- 19 COMMUNITY IMPACT RECOVERY PLAN .1 . ,ri p 3rd Revision - December 2020 i. I 'tw t. Z It Of "ter Leh ... T‘ lir , k i <; 1 ' / • ,/ . , ,,, 4. F .'� cN' L r/ ( : rt r. .'• * , ... r. . J•. :4. ,. • _• OS. A'Pt i ii/la I n r"' OW • ,IN' e a Wh I'ili.aallhhka _ 4 T E X A S �•_� ...�..,«- -.�,,._.,,-__.- ern JALI ..r . :.r Page 321 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. City of Pearland COVID-19 Community Impact Recovery Plan Table of Contents Purpose Pg 2 Pandemics Pg 2 Local Impact on Pearland — COVID-19 Pandemic Pg 3 COVID-19 Community Impact Recovery Plan Pg 3 Unified Incident Command Pg 5 Economic Impact on the Community Pg 5 COVID-19 Labor Market Information Pg 6 Impact on Non-Profit Organizations, Charities and NGOs Pg 9 CARES Act — Coronavirus Relief Fund Pg 9 Summary Pg 11 Exhibit A — 3rd Revised Budget Pg 12 1IPage 3r0 Revision Thursday, December 10, 2020 Page 322 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. City of Pearland COVID-19 Community Impact Recovery Plan (3rd Revision) Purpose Currently, the City does not have a formal plan for recovery beyond the necessary repairs and/or replacements of City-owned property as described in Appendix J of the Emergency Preparedness Plan. As it stands, the local economy and citizens are mostly left to their own devices when recuperating from the impact of a major catastrophe. Specific to the current major disaster facing the community — the Coronavirus pandemic (COVID-19) — this document will establish a practical approach to pandemic disaster recovery for Pearland in response to COVID-19. The need is critical, as there are economic issues facing businesses, households and local government in Pearland. The community is deserving of some level of collaborative, publicly funded efforts to spark recovery in the community. This revised Plan contains information that documents proposed actions to be taken towards recovery from the pandemic. These include, but are not limited to, restoring: • economic losses to small businesses deemed non-essential that were forced to temporarily close during the pandemic; • household financial capabilities lost due to Coronavirus-related unemployment, business closure, furloughs or other unexpected income challenges that impacted rent and utility payments; and • unbudgeted outlays by local government for the necessary expenditures towards continuity of operations, public safety and emergency medical services provided during the pandemic response. Pandemics A pandemic is a global outbreak of a new virus that is different from viruses currently circulating within the human seasonal viral arena. The new virus is constantly changing, making it impossible to isolate and provide treatment, infecting people easily and spreading efficiently from one person to another. The modern-day 2009 H1N1 virus, in addition to SARS and other smaller endemic concerns from other parts of the world, is probably our most recent example of a transglobal disease that brought serious concern to bear for our country, and eventually called for the U.S. to monitor national epidemiology and public health conditions carefully. However, the Coronavirus is the first pandemic to have impacted modern society in a way that has met the definition of a catastrophic event, and it has elicited national, state-level and local disaster considerations in 2IPage 3`" Revision Thursday, December 10, 2020 Page 323 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. the form of heavy allocations of financial assistance to communities, largely for public health and safety measures designed to deal with the spread of the virus. While the "disaster" terminology is applicable to the pandemic, it is very different from other natural disasters in several ways. The tangibly destructive, path-predictable and finite nature and scope of a natural disaster is not the case with pandemics. The global spread of a deadly virus doesn't respond to mitigation via infrastructure and can decimate a society without proper public health and safety protocols aimed at remediating the impact of the disease. The Coronavirus disease of 2019 (COVID-19) was first identified in December of 2019 in Wuhan, the capitol of a Chinese province located in the Central China region. What began with confirmation of 556 cases on January 21, 2020 in that region spread rapidly over the next 6 (six) months to having affected 2.1 million by June 16, 2020, at which time there were also 116,140 COVID-19 deaths.' In the United States, confirmed cases reached 159,000 people by March 13, 2020, at which time President Donald Trump issued a nationwide emergency declaration. Local Impact on Pearland- COVID-19 Pandemic Unlike the impact natural disasters have had on Pearland, the pandemic is one that presents a plethora of invisible, undetectable and historically untraceable impressions on our community. In Pearland and typically with the types of disasters facing the Gulf Coast, one can easily see the physical changes in weather, feel those changes, tap into technical and subject matter expertise on matters of meteorology and storm tracking, and forecast the obvious route a natural disaster takes when carrying out its destructive path.Aside from tornados, most of the work performed in responding to a natural disaster of the type this region faces is easy to plan for. With a pandemic emergency, particularly one on the global scale COVID-19 is, there is no visible "cloud" for the physical form of the virus showing its spread, communication from one party to another, or its presence on surfaces and in the atmosphere. In fact, the actual, direct impact of the virus or disease associated with the pandemic may not impact large numbers. During the pandemic, the City issued several local orders, most of which align with preceding orders issued by the County, State and/or federal government. These have centered around limiting the spread of Coronavirus through social distancing, the declaration of local rules that result in closure of public facilities and local businesses has resulted in a major impact on the community at-large. The Coronavirus pandemic resulted in the temporary closure of nail and hair salons, gyms and other businesses deemed to be non-essential, and had a notable negative impact on restaurants due to the call for suspension of in-house dining. The closures have all resulted in reductions in sales, revenue and employment in many cases. COVID-19 Community Impact Recovery Plan There are several recovery action items implemented prior to addressing local unmet needs. Temporary demobilization of the City's COVID-19 response-phase of its Incident Command Structure and a transition into a recovery-phase of operations for the Incident Command Structure are two that take place at the onset of local recovery efforts. 1 Mapping the Novel Coronavirus Pandemic. ESRI StoryMaps Team. (https://storymaps.arcnis.com/stories/4fdc0d03d3a34aa485de1fb0d2650ee0).April 26,2020. 3IPage 3rd Revision Thursday, December 10 , 2020 Page 324 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. Others include: 1. Supporting pre-emptive orders for the reopening of local businesses in accordance with safe/social distancing parameters and other cautionary practices outlined in federal (CDC), State and local guidelines per local orders. a. Limitations on the number of shoppers able to enter and shop simultaneously in certain local businesses; specifically, dine-in restaurants and those with small square footage. b. Limitations on hours of operation. c. Use of personnel/personal protective equipment when interacting with other employees, customers and when handling retail and/or food service items. d. Other protective measures. 2. Phasing in a reopening of local government and its facilities in accordance with safe/social distancing parameters and other cautionary practices outlined in federal (CDC), State and local guidelines per local orders. a. Continued use of social distancing aids and personal protective equipment, as well as employee health monitoring (thermometer fever testing). b. Implement reopening of City facilities and public recreational spaces. c. Progressive remediation of remote work schedules. d. Continued use of virtual meetings and other distancing practices until remediation of the Coronavirus occurs. Along the lines of economic recovery, there are eight elements to local recovery that will be critical towards rebuilding the economy and the community's capacity for responding to future pandemics. Within those elements, specific action items are in place to cover the exact unmet needs facing the community: • Restoring local government programs and services to normal, pre-pandemic conditions; • Accessing and implementing economic stimulus programs aimed at various elements of local recovery from the pandemic; • Optimizing the processes of activating and sustaining proper emergency management and incident command structures within the local government organization, towards continuity of operations and prevention of the spread of pandemic conditions, and with the capacity to handle multi-hazard emergency management and mitigation should other disasters occur simultaneous to a pandemic in the future; • Providing subject matter expertise in economic recovery and development in response to pandemic conditions, through small business counseling and technical assistance resources; 4IPage 3'" Revision Thursday, December 10, 2020 Page 325 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. • Securing necessary resources and strategies to build ancillary capacity for supporting local economic recovery such as child-care, workforce re-entry and development, restoration of academic operations, and job creation/retention; • Resource allocation for social services programs and resources in the community that support local needs for citizens facing challenges stemming from the impact of the pandemic on household economies in Pearland (food banks, emergency assistance for rent and utilities, counseling, services to the elderly and disabled, etc...); • Updating the City's hazard mitigation plan and related annexes towards the call for the City to prioritize disaster recovery as a component of hazard mitigation; and • Developing and implementing increased capacity for local public health and epidemiology efforts within Pearland that provide the best practices surveillance and mitigation for public health matters affecting the City. The City will play a supportive role in the phased reopening of local businesses and organizations in the aftermath of intense pandemic conditions, in ways that preserve and promote ongoing safety and health, which may include a variety of efforts. Pearland municipal government and its programs and services should benefit the public by implementing strong planning and guidance when recovering from a pandemic or other disaster. Therefore, it is important that public and private sector leadership and stakeholders work together to ensure proper implementation of all Plan elements. Unified Incident Command The City has activated a Unified Incident Command Structure for the purpose of providing management and oversight for the recovery phase. The organization chart below provides the structure for this activity, which may be adjusted to reflect changing conditions as the recovery phase moves towards completion of certain objectives. Unified Command Unified Command Fraser,Ron McDonald,John SOC Coordinators Policy Group Martin,Peter Pearson,Clay Roberts,Mellanee Legal Officer • Public Information Officer Coker,Dunn Lae,Josh Operations Section Chief Planning Section Chief Finance Section Chief Hardy,Joel McKinnis,Ryan Vance Daugherty,Rhonda This structure allows for the planning and distribution of funds, proper financial management and oversight, public information and communications, policy development and compliance with applicable laws. Emergency Operations Center activation continues, with Emergency Manager Peter Martin and his staff coordinating that resource in support of applicable incident objectives. 5JPage 3rd Revision Thursday, December 10, 2020 Page 326 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. Economic Impact on the Community The pandemic nature and scope of the event in Pearland is a subset of similar situations everywhere, so the economic conditions relative to employment centers, retail shopping, hotels and convention centers, entertainment and other facets of the commercial base are negative. Whether an employee is one that works in a local business, commutes elsewhere for work, or is a local entrepreneur, workforce conditions face widespread negative conditions that impact our locality, no matter how low the threshold of public health epidemiology concerns are for Pearland. Fortunately, there are some technical datasets in place from surveys and actual conditions that are providing important bases for the economic assumptions the City will need to act on, one of which is in the form of a survey done by the Greater Houston Partnership and another in the form of actual unemployment information available via the Bureau of Labor Statistics. Cumulative findings are available from a 9-day survey period of data collection from 73 businesses in Pearland, which as of 3/31/2020 the following results were made available to the City: • Small businesses are feeling the impact of the COVID-19 slowdown. o 21% are unable to receive supplies or services O 27% are unable to deliver goods or services o 20% are operating at zero capacity o 58% are operating below half capacity O 41% can survive the slowdown/shutdown for only 1 to 4 weeks • Remote work is a challenge for small businesses. O 33% are unable to offer remote work to any employees o 45% are unable to offer remote work to at least half of their employees • Companies are split about paying employees who temporarily can't work. O 50% will not pay workers during the COVID-19 hiatus O 31%will pay full wages o 67% are concerned about finances and liquidity O 55% are "unsure" if they will have to make permanent layoffs in the next 6 months COVID-19 Labor Market Information Along with the GHP survey (issued May 1, 2020), Workforce Solutions issued labor market data and statistics from the Texas Workforce Commission (TWC), obtained from the U.S. Bureau of Labor Statistics for the months of March and April 2020. The 13-County Gulf Coast Region is made of the same counties reflected in the planning area formed by the Houston-Galveston Area Council (HGAC), comprised of Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Harris, Liberty, Matagorda, Montgomery, Walker, Waller, and Wharton counties. The chart below shows the historical initial weekly claims from March 7, 2020 to April 18, 2020. 6IPage 3'd Revision Thursday, December 10, 2020 Page 327 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. 80,000 76,999 70,000 67,304 59,997 58,547 60,000 50,000 42,051 40,000 30,000 20,000 10,000 4,206 4,868 0 3/7/2020 3/14/2020 3/21/2020 3/28/2020 4/4/2020 4/11/2020 4/18/2020 Clearly, the region is in a significant state of emergency from the standpoint of unemployment, even though there are only 5 counties with notable COVID-19 statistics and less than 10,000 confirmed cases within those jurisdictions. This shows the exponential level of indirect catastrophic impact the pandemic is having on the local economy. The table below shows the pandemic epidemiology of the top-five HGAC area counties affected by COVID-19 at the time of this report(May 6, 2020). Location Confirmed Recovered Deaths Brazoria County 566 277 7 Harris County 6,838 - 133 Fort Bend County 1,187 163 28 Galveston County 648 354 28 Montgomery County 634 141 14 Totals 9873 935 210 To put into historical terms, initial claims for unemployment insurance (monthly averages) in the Gulf Coast Region (HGAC 13-County Area), based on historical estimates and actual claims, have never been as high as they are as a result of a major economic crisis, as shown by the chart below. The images below (April 1990 - April 2020) compare the current COVID-19 crisis to the economic impact of Hurricanes Katrina and Ike, overlapping with historical national recession periods, and the U.S. "Shale Bust" economy following the 2014 OPEC oil policy crisis. 100,000 NBER National Recession Apr-20 90,000 88,561 Shale Bvst 80,000 -Estimated Initial Claims 70,000 -TWC Reported Official Claims(4-week avg)* 60,000 50,000 40,000 Hurricane Ike Hurricane 30,000 Hurricane Great Harvey Katrina Recession 20,000 Sep-17 Oct•05 Sep-08 10,916 10,000 6,019 6,667 0 Ja^9G 1..-.°$ J ^of Jv^nn tQ no I_^ 1 1 1_^ 1 A 1.... 1 1a^ 00 Page 328 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. As a result, unemployment rates for Pearland have risen sharply over a month due to COVID- 19. During the month of March 2020 alone, the Pearland unemployment rate jumped from around 2.7%to 4%. Pearland City: Unemployment Rate (NSA) 10.0 Mar 2005 to Mar 2020 NBER National Recession Shale Bust 8.0 Jul-09 ---Unemployment Rate 6.7 Historical Average 6.0 Mor-IG 4.0 4.0 Historical Average 4.2 2.0 Apr-19 2.4 0.0 . Mar-05 Sep-06 Mar-08 Sep-09 Mar-II Sep-12 Mar-14 Sep-15 Mar-17 Sep-18 Mar-20 It should be noted that Pearland has the lowest unemployment rate increase in the region compared to all other larger cities, and the region as a whole. This is in alignment with pre- COVID-19 labor statistics, as the City also has a similarly-situated low poverty rate. 8 ' Page 3'd Revision Thursday, December 10, 2020 Page 329 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. 13-County Gulf Coast Region Cities Unemployment Rates March 2020(NSA) Pearland 4.0 League City 4.1 Sugar Land IIIIIMMIIIMINIIIIMIIIIIIIMI1111111111 4.2 Friendswood 4.5 Conroe 4.8 Houston 5.0 Rosenberg 5.1 Gulf Coast 5.1 Missouri City 5.2 Alvin 5.2 Galveston 5.2 Deer Park 5.5 La Porte 5.8 Huntsville 6.0 Pasadena 6.9 Lake Jackson 11111M111111111111111MIIIIIIIIMINIII 7.0 Texas City 7.1 Baytown 10.2 0.0 2.0 4.0 6.0 8.0 10.0 12.0 Impact on Non-Profit Organizations, Charities and NGOs Generally speaking, social services are in high demand, operating with low levels of philanthropic support, but with the strength of donations from goods and services. Grant funding infused by stimulus allocations should help these agencies in the long run, but those that don't provide services that connect to certain needs will suffer tremendously. Agencies that provide stipends or emergency subsistence for essential needs like housing, utilities and services for the elderly and disabled will receive direct and/or indirect allocations of funding from the COVID-19 Recovery Fund, local grant-making, subrecipient awards from Community Development Block Grant allocations, and cash donations from individuals and philanthropists. However, those that rely on corporations and local businesses for funding from community investments, and that also don't help households in the community meet basic needs, may suffer. According to Kim Sterling, president and founder of Houston-based nonprofit consultancy Sterling Associates, "Houston nonprofits are getting hit hard and in such different ways. It's not just the charitable giving that's changed, but it's also the impact on the need for services and other revenue sources."' With limited staff and few dollars for program delivery costs, all charities will struggle with the ability to keep job retention priorities alive, and Pearland will be no different. The Pearland Recovery Plan highlights specific resources and local causes that will be 2 Mathews,Chris.Donations Needed:Houston Nonprofits'Getting Hit Hard'with Immense Need,Declining Revenue.Houston Business Journal,pg.12.May 1-7,2020. 9 [ Page 3 Revision Thursday, December 10, 2020 Page 330 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. supported by the City, mainly through CDBG funding and CARES Act allocations of other money from the federal government. Due to the importance of meeting HUD National Objectives as part of the City's normal CDBG program priorities, heavy emphasis will be placed on assisting entities that can administratively and programmatically deliver services directly to those needing assistance, as part of an existing framework of the City's CDBG Subrecipients. Once that has been established, other agencies may qualify for assistance through the program and serve the community in ways necessary per the impact from COVID-19. As valued and innovative as services may be, now is the time for basic needs to be met amongst those that are suffering the most. Therefore, emergency assistance for rent and utilities, meal delivery to the elderly and disabled, and mental health service delivery to the uninsured and low-moderate income residents in our City will take precedent over all other activities. This is partially due to the need for immediate service to the community, the importance of subrecipient agencies having the known and proven administrative capacity for managing CDBG funds, and the ability for the City to track their performance abruptly without the need for an agency to "ramp up" or develop organizational capacity to serve the public. There are valid prerequisites for utilizing federal funds that must be in place, and the citizens have very limited time available for certain needs to be met. CARES Act—Coronavirus Relief Fund The COVID-19 national emergency declaration resulted in the consideration and adoption of a U.S. Senate Bill (3548) that would create the Coronavirus Aid, Relief, and Economic Securities Act (CARES Act), a $2 trillion stimulus initiative designed to assist communities in responding to and recovering from the impact of the pandemic. Federally-issued CARES Act funding has been allocated to this extent, as Texas, its counties and municipalities, will receive the benefit of these appropriations. Because Pearland has been impacted by the pandemic and there are unprecedented community, housing, economic, and public health effects, the City's disaster response must be followed by a recovery effort, and this plan intends to outline the various components of implementation needed to restore Pearland to pre-COVID conditions. The most solvent opportunities for local economic recovery have come in the form of direct investments in local businesses from the Payroll Protection Program (PPP), other Small Business Administration loan programs, individual assistance via U.S. Treasury payments of $1,200 - $2,400 to low and moderate income households with incomes below $99,000 ($198,000 for joint-filers), and allocations being directed at federal economic development agencies that will deliver funds to States and communities via grants and other public assistance programs. Localities have been provided with CARES Act funding via the Coronavirus Relief Fund (CRF), as $150 billion has been allocated directly to States and localities with populations of 500,000 or more, with provisions for States to offer local governments with populations below 500,000 portions of the funds. Based on a $55 per capita allotment of CARES Act method of distribution, the City will receive a direct allocation of$6,374,005 based on the portion of its population that resides in Brazoria County, and two smaller allocations per that same formula from Fort Bend ($56,155) and Harris ($288,035) counties in consideration for the areas of Pearland in those counties. 10IPage 3' ' Revision Thursday, December 10, 2020 Page 331 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. Based on the socioeconomic and public health conditions facing the City due to COVID-19, the City should use CRF funds towards local recovery as follows: 1. Distribute 2% (of the CRF Fund 355 allocations to Medical expenditures; specifically, telemedicine capabilities for local COVID-19-related mental health services; 2. Allocate 40% of the funds to Public Health expenditures; 3. Reimburse the City's payroll expenditures for employees dedicated to Coronavirus pandemic(33%); and 4. Utilize 25% of the funds to administer measures to stimulate local economic recovery and support other efforts that support City continuity of operations. Exhibit A, attached to this Plan, represents the official proposed budget being presented to the City's governing body for adoption with the Plan. Should City Council adopt the Plan, Exhibit A shall constitute the official adopted budget for use by the City to meet the aforementioned spending objectives (1 —4). The majority of funds are being allocated to local public health concerns (40%). This revised spending plan is now compliant with the State's Coronavirus Relief Fund's rules, which require that 75% of the funds be spent on medical, public health and/or payroll expenditures for employees dedicated to Coronavirus pandemic response and recovery. This will not be required to the additional funds being disbursed to the City via Fort Bend and/or Harris counties. Summary The priorities herein provide the City with the plan for achieving two important recovery objectives: • Ensure proper public health and economic recovery efforts are implemented that prioritize the safety and wellness of citizens as they return to the workforce, look for new or replacement jobs for those that may have been lost, and that provides those in need with supportive emergency subsistence; and • Provide a seamless transfer back to normal local government operations. The recommended distribution of available funding is based on local economic conditions as supported by unemployment statistics, local sales tax reports, unpaid rent and utilities for the months of April and May 2020, actual City-incurred expenses specifically dedicated to Coronavirus emergency protective measures, and the need to continue to provide certain levels of support and readiness through the remainder of the 2020 calendar year. There are other funding sources that will play a role in socioeconomic and business recovery in the community, as well as those that will support ongoing public health and safety needs. FEMA, the U.S. Department of Housing and Urban Development (HUD), Department of Justice (DOJ), Economic Development Administration, and the U.S. Department of Education are just a few that also have CARES Act funds that are to be distributed locally. 11 ' Page 3'd Revision Thursday, December 10 , 2020 Page 332 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. Some of these are competitive opportunities, but there is currently no less than $335,376 in funding from federal and State agencies for Coronavirus relief and related economic stimulus that the City has secured (HUD CDBG CARES Act, DOJ Coronavirus Emergency Supplemental Funds, and Texas Department of State Health Services). While the above-mentioned funds cannot be used along the same lines of discretion as the Coronavirus Relief Fund dollars can, they will be allocated to provide PPE (personnel/personal protective equipment), emergency medical services, and vehicle decontamination systems that will help continue to prevent the spread of Coronavirus locally and within our employee population that comes into contact with the public. Finally, planning for the use of HUD stimulus funds (CDBG CARES Act—CDBG-CV) will take place during the final quarter of FY 2020, so as to have available economic recovery resources in place beyond December 30, 2020, when the use of the City's direct CRF CARES Act funding expires. City staff will continue to apply for funding opportunities that equip the community with resources towards Coronavirus recovery, as there are funds in the normal course of pursuing grants for firefighters, police equipment, housing and community development on an ongoing basis. As funds from the Fort Bend and Harris County CRF allocations become available, staff will present those budget amendments to Council and request concurrence with the need to make adjustments to Fund 355. 12I 3'0 Revision Thursday, December 10 , 2020 Page 333 of 545 City Council Regular Meeting - Dec 14 2020 3rd Revised Expenditure Plan -Coronavirus Relief Fund City of Pearland-Special Revenue Fund 355 Jurisdiction Direct(Brazoria) Hams County Fort Bend County TOTALS Allocation Formulas Population 115,891 5,237 1,021 122,149 Per-Capita Allotment $55.00 $55.00 $55.00 $55.00 FEDERAL GRANTS Coronavirus Relief Fund(CARES Act) $6,374,005 $288,035 $56,155 $6,718,195 Type Description TDEM CRF Hams County Fort Bend County TOTALS SOCIAL SERVICES Mental Health Services $7,489 $7,489 SOCIAL SERVICES Rental/Utility Assistance $588,000 $588,000 $596,489 $0 S0 $595,489 PUBLIC HEALTH Public Health Advisory Services $88,000 PUBLIC HEALTH Assistance to Local Public Schools $1,472,501 PUBLIC HEALTH Medical Testing Reimbursements $10,000 $1,570,501 $0 S0 $1,570,501 ECONOMIC REV TALIZA11ON Business Recovery Grants $857,000 $857,000 $857,000 $0 S0 $857,000 SALARIES,WAGES&BENEFITS Field-Based Assignment Pay $499,800 $499,800 C) SALARIES,WAGES&BENEFITS Personnel-Dedicated $1,652,714 $288,035 $56,155 $1,996,904 MATERIALS&SUPPLIES Supplies and Materials $300,000 $300,000 C) COMPUTER HARDWARE Technology Enhancements $148,501 $148,501 o BUILDINGS&GROUNDS Facilities Improvements $573,501 $573,501 D PROF/CONTRACTUAL SVC MISC Contracts&Services(Sanitization) $176,499 $176,499 o $3,351,015 S288,035 S56,155 $3,695,205 Co co I Revised Bud et $6374005 $288035 $5155 $6718195 v m ww0 o v, Agenda Item #2. Attachment A TDEM Guidance — Operation Connectivity Page 335 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. TDEM Cs 0 li1 It%AS.A&,M UNIVIRSIIY'0,11 t_ 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-planninq#operationconnectivity or by email at operationconnectivity(c�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 336 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. A Guide to Operation Connectivity: Help <� -How Municipalities and Counties Can TEA'Texas Education Agency million students With the rise of COVID-19 in Texas, remote learning has become an I IaCkteChnOlOgy essential part of schools' academic offering. Yet, it is estimated that • to learn from over 1.8 million students in Texas lack the connectivity technology to home learn from their homes.This connectivity gap is a significant barrier to academic success and economic empowerment for these students. In response to this critical need, Governor Abbott and Texas legislative leaders have allocated $200M in CARES Act Coronavirus Relief Fund (CRF) funding to match $200M in local district funding. This combined $400M in bulk buying power will be used to cover the purchases of internet solutions such as hotspots and e-learning devices for Texas'School districts, with the goal of providing connectivity technology for all students who would not otherwise have them. $200M $200M _ $400M in CARES Act + in local district — bulk buying power for CRF funding funding connectivity technology The Operation Connectivity bulk order program may leverage the majority of these funds to put over 1 million e-learning devices and nearly 500,000 hotspots in million students' homes to enable learning, significantly reducing the connectivity gap. e-learning Even with this historic investment, we may still have 500,000 ))C(� ) devices hundreds of thousands of Texas students who lack hotspots reliable internet access. Texas received $11.24 billion in federal CARES Act CRF funding, of which over$5 billion has been given to counties and cities to determine how they should be spent. $11 .24B $5 B Allocate some portion in CARES Act —1-0- to City and to"facilitate distance CRF funding County CRF grants learning' LEAs are encouraged to work with their cities and counties to allocate some portion of their local CRF funds to reduce their cost: Details of the local CRF match reimbursement process are described on the next page. By assisting school systems with their local match funding right now, CRF contributions can enable purchases of devices and hotspots at steeply discounted rates that vendors have made available specifically for orders placed through Operation Connectivity. Local governments will see a dramatic return on this investment, including smart procurement, increased access to online learning for students, and access to urgent family telehealth care. 1.U.S.Department of the Treasury's guidance on use of CARES funding lists examples of eligible use of funds,including"Expenses to facilitate distance learning,including technological improvements,in connection with school closings to enable compliance with COVID-19 precautions."Source:Coronavirus Relief Fund Guidance for State,Territorial,Local,and Tribal Governments,Updated June 30,2020 tea.Texas.gov/Coronavirus Page 337 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. Attachment B CRF Guidance — Personnel Costs Public Health and Safety Personnel Page 338 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. 9TDEMON m 9 THE TEXAS A&M UNIVERSITY SYSTEM Coronavirus Relief Fund (CRF) Personnel Related Cost Eligibility Jurisdictions have sought clarity on the presumption of public health and public safety employees being substantially dedicated to responding to or mitigating COVID-19 related to eligibility. Additionally, jurisdictions have asked about other classes of substantially dedicated employees as well as those who worked on COVID-19 response intermittently. Additional clarification is provided below. Public Health and Public Safety • The CARES Act prohibits the use of CRF on items that were included in the most recently approved budget. However, if those items are for a substantially different use from the previously expected use of funds, then they are eligible for CRF funding. • Treasury has provided that a state, local, or tribal government may presume that public health and public safety employees meet the substantially dedicated test, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. • Public safety employees would include police officers (including state police officers), sheriffs and deputy sheriffs, firefighters, emergency medical responders, correctional and detention officers, and those who directly support such employees such as dispatchers and supervisory personnel. • Public health employees would include employees involved in providing medical and other health services to patients and supervisory personnel, including medical staff assigned to schools, prisons, and other such institutions, and other support services essential for patient care (e.g., laboratory technicians) as well as employees of public health departments directly engaged in matters related to public health and related supervisory personnel. • Eligible salary costs include both straight time and overtime. Personnel Not Substantially Dedicated • A local government may also track time spent by employees related to COVID-19 and apply fund payments on that basis but would need to do so consistently within the relevant agency or department. This could include emergency managers that are not located within a public safety or public health agency. • A local government could cover payroll expenses allocated on an hourly basis to employees' time dedicated to mitigating or responding to the COVID-19 public health emergency. Further information may be found at the following links: 1033 LaPosada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208,Fax 512-424-2444 Page 339 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments Updated September 2, 2020 Coronavirus Relief Fund Frequently Asked Questions Updated as of October 19, 2020 Should you have any questions or require additional information, please do not hesitate to contact your TDEM Unit Chief or by email at CRF@tdem.texas.gov TDEM REGIONAL UNIT CHIEFS Andrea Lowe Colleen O'Neal — -°�`.�\ Region 1 Region 4 and 5 'gi t' .... 1'"°s_ M:737 247 8531 0 M:806-740-8936 © 0:214-861-2057 0 806-474-4156 ''-- - 1 .4„,.... -o.. Andrea.Lowe@TDEM.texas.gov Colleen.0nea1@TDEM.texas.gov "` �`-`"'" ._ _ -p" A- Michelle Ellis .11 ' 1, Region 2 «. , ,.--{t M:512-952-9061 I • -- V -"r,:, ice Michelle.Ellis@TDEM.texas.gov Judy Lucio \.`t Li' _Q `"© Region 3 © U , Daniella Scott M:512-538-5382 4 • 1 =a cam. • Regions 6 and 7 I 0:512-377-0016 ' I M:737-229-0379 Judy.Lucio@TDEM.texas.gov -0. - Daniella.Scott@TDEM.texas.gov 1033 LaPosada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208,Fax 512-424-2444 Page 340 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. Attachment C U.S. Treasury — CARES Act Guidance/Rules Page 341 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. Coronavirus Relief Fund Guidance for State,Territorial,Local,and Tribal Governments Updated June 30,20201 The purpose of this document is to provide guidance to recipients of the funding available under section 601(a)of the Social Security Act,as added by section 5001 of the Coronavirus Aid,Relief,and Economic Security Act("CARES Act"). The CARES Act established the Coronavirus Relief Fund(the"Fund") and appropriated$150 billion to the Fund. Under the CARES Act,the Fund is to be used to make payments for specified uses to States and certain local governments;the District of Columbia and U.S. Territories(consisting of the Commonwealth of Puerto Rico,the United States Virgin Islands,Guam, American Samoa,and the Commonwealth of the Northern Mariana Islands);and Tribal governments. The CARES Act provides that payments from the Fund may only be used to cover costs 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(the date of enactment of the CARES Act)for the State or government;and 3. were incurred during the period that begins on March 1,2020,and ends on December 30, 2020.2 The guidance that follows sets forth the Department of the Treasury's interpretation of these limitations on the permissible use of Fund payments. Necessary expenditures incurred due to the public health emergency The requirement that expenditures be incurred"due to"the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. These may include expenditures incurred to allow the State,territorial,local,or Tribal government to respond directly to the emergency,such as by addressing medical or public health needs,as well as expenditures incurred to respond to second-order effects of the emergency,such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed,revenue replacement is not a permissible use of Fund payments. The statute also specifies that expenditures using Fund payments must be"necessary." The Department of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its intended use in the reasonable judgment of the government officials responsible for spending Fund payments. Costs not accounted for in the budget most recently approved as of March 27,2020 The CARES Act also requires that payments be used only to cover costs that were not accounted for in the budget most recently approved as of March 27,2020. A cost meets this requirement if either(a)the This version updates the guidance provided under"Costs incurred during the period that begins on March 1,2020, and ends on December 30,2020". 2 See Section 601(d)of the Social Security Act,as added by section 5001 of the CARES Act. 1 Page 342 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. cost cannot lawfully be funded using a line item,allotment,or allocation within that budget or(b)the cost is for a substantially different use from any expected use of funds in such a line item,allotment,or allocation. The"most recently approved"budget refers to the enacted budget for the relevant fiscal period for the particular government,without taking into account subsequent supplemental appropriations enacted or other budgetary adjustments made by that government in response to the COVID-19 public health emergency. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund,rainy day fund,or similar reserve account. Costs incurred during the period that begins on March 1,2020,and ends on December 30,2020 Finally,the CARES Act provides that payments from the Fund may only be used to cover costs that were incurred during the period that begins on March 1,2020,and ends on December 30,2020(the"covered period"). Putting this requirement together with the other provisions discussed above,section 601(d)may be summarized as providing that a State,local,or tribal government may use payments from the Fund only to cover previously unbudgeted costs of necessary expenditures incurred due to the COVID-19 public health emergency during the covered period. Initial guidance released on April 22,2020,provided that the cost of an expenditure is incurred when the recipient has expended funds to cover the cost. Upon further consideration and informed by an understanding of State,local,and tribal government practices,Treasury is clarifying that for a cost to be considered to have been incurred,performance or delivery must occur during the covered period but payment of funds need not be made during that time(though it is generally expected that this will take place within 90 days of a cost being incurred). For instance,in the case of a lease of equipment or other property,irrespective of when payment occurs,the cost of a lease payment shall be considered to have been incurred for the period of the lease that is within the covered period,but not otherwise. Furthermore,in all cases it must be necessary that performance or delivery take place during the covered period. Thus the cost of a good or service received during the covered period will not be considered eligible under section 601(d)if there is no need for receipt until after the covered period has expired. Goods delivered in the covered period need not be used during the covered period in all cases. For example,the cost of a good that must be delivered in December in order to be available for use in January could be covered using payments from the Fund. Additionally,the cost of goods purchased in bulk and delivered during the covered period maybe covered using payments from the Fund if a portion of the goods is ordered for use in the covered period,the bulk purchase is consistent with the recipient's usual procurement policies and practices,and it is impractical to track and record when the items were used. A recipient may use payments from the Fund to purchase a durable good that is to be used during the current period and in subsequent periods if the acquisition in the covered period was necessary due to the public health emergency. Given that it is not always possible to estimate with precision when a good or service will be needed,the touchstone in assessing the determination of need for a good or service during the covered period will be reasonableness at the time delivery or performance was sought,e.g.,the time of entry into a procurement contract specifying a time for delivery. Similarly,in recognition of the likelihood of supply chain disruptions and increased demand for certain goods and services during the COVID-19 public health emergency,if a recipient enters into a contract requiring the delivery of goods or performance of services by December 30,2020,the failure of a vendor to complete delivery or services by December 30,2020, will not affect the ability of the recipient to use payments from the Fund to cover the cost of such goods or services if the delay is due to circumstances beyond the recipient's control. 2 Page 343 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. This guidance applies in a like manner to costs of subrecipients. Thus,a grant or loan,for example, provided by a recipient using payments from the Fund must be used by the subrecipient only to purchase (or reimburse a purchase of)goods or services for which receipt both is needed within the covered period and occurs within the covered period. The direct recipient of payments from the Fund is ultimately responsible for compliance with this limitation on use of payments from the Fund. Nonexclusive examples of eligible expenditures Eligible expenditures include,but are not limited to,payment for: 1. Medical expenses such as: • COVID-19-related expenses of public hospitals,clinics,and similar facilities. • Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity,including related construction costs. • Costs of providing COVID-19 testing,including serological testing. • Emergency medical response expenses,including emergency medical transportation,related to COVID-19. • Expenses for establishing and operating public telemedicine capabilities for COVID-19- related treatment. 2. Public health expenses such as: • Expenses for communication and enforcement by State,territorial,local,and Tribal governments of public health orders related to COVID-19. • 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. • Expenses for disinfection of public areas and other facilities,e.g.,nursing homes,in response to the COVID-19 public health emergency. • Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. • Expenses for public safety measures undertaken in response to COVID-19. • Expenses for quarantining individuals. 3. Payroll expenses for public safety,public health,health care,human services,and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 19 public health emergency. 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures,such as: • Expenses for food delivery to residents,including,for example,senior citizens and other vulnerable populations,to enable compliance with COVID-19 public health precautions. • Expenses to facilitate distance learning,including technological improvements,in connection with school closings to enable compliance with COVID-19 precautions. • Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. 3 Page 344 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. • Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. • COVID-19-related expenses of maintaining state prisons and county jails,including as relates to sanitation and improvement of social distancing measures,to enable compliance with COVID-19 public health precautions. • Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency,such as: • Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. • Expenditures related to a State,territorial,local,or Tribal government payroll support program. • Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund's eligibility criteria. Nonexclusive examples of ineligible expenditures3 The following is a list of examples of costs that would not be eligible expenditures of payments from the Fund. 1. Expenses for the State share of Medicaid.4 2. Damages covered by insurance. 3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 4. Expenses that have been or will be reimbursed under any federal program,such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds. 5. Reimbursement to donors for donated items or services. 6. Workforce bonuses other than hazard pay or overtime. 7. Severance pay. 8. Legal settlements. 3 In addition,pursuant to section 5001(b)of the CARES Act,payments from the Fund may not be expended for an elective abortion or on research in which a human embryo is destroyed,discarded,or knowingly subjected to risk of injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result of an act of rape or incest;or in the case where a woman suffers from a physical disorder,physical injury,or physical illness,including a life-endangering physical condition caused by or arising from the pregnancy itself,that would,as certified by a physician,place the woman in danger of death unless an abortion is performed. Furthermore,no government which receives payments from the Fund may discriminate against a health care entity on the basis that the entity does not provide,pay for,provide coverage of,or refer for abortions. 4 See 42 C.F.R.§433.51 and 45 C.F.R.§75.306. 4 Page 345 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. Attachment D State of Texas — Coronavirus Relief Fund Terms and Conditions Page 346 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. '.-E-4: .: * ' -;C;;iy;--.1,c,N,, .. .i\csi, ( , .....9 CORONAVIRUS RELIEF FUND (CRF) TERMS AND CONDITIONS TEXAS DIVISION OF EMERGENCY MANAGEMENT MAY ] 1, 2020 Pace , 1 123 Page 347 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. About This Document In this document,grantees will find the terms and conditions applicable to payments distributed In the form of grants to local units of governments from the Coronavirus Relief Fund established within section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act("CARES Act"). These requirements are in addition to those that can be found within the Grant Management System (GMS),to which grantees agreed to when accepting the grant,Other state and federal requirements and conditions may apply to your grant, including but not limited to:2 CFR Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code;the Uniform Grant Management Standards(UGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made;and any applicable documents referenced in the documents listed above. To the extent the terms and conditions of this grant agreement do not address a particular circumstance or are otherwise unclear or ambiguous,such terms and conditions are to be construed consistent with the general objectives,expectations and purposes of this grant agreement and in all cases,according to its fair meaning.The parties acknowledge that each party and its counsel have reviewed this grant agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this grant agreement. Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the grant agreement. Page 2I23 Page 348 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. Table of Contents About This Document 2 1 Grant Agreement Requirements and Conditions 5 1.1 Applicability of Grant Agreement and Provisions 5 1.2 Legal Authority to Apply 5 1.3 Grant Acceptance 5 1.4 Project Period 5 1.5 General Responsibility 5 1.6 Amendments and Changes to the Grant Agreement 6 1.7 Jurisdictional Cooperation 7 1.8 Public Information and Meetings 7 1.9 Remedies for Non-Compliance 7 1.10 False Statements by Grantee 8 1.11 Conflict of Interest Safeguards 8 1.12 Fraud,Waste,and Abuse 8 1.13 Termination of the Agreement 9 1.14 Limitation of Liability 9 1.15 Dispute Resolution 10 1.16 Liability for Taxes 10 1.17 Required State Assurances 10 1.18 System for Award Management(SAM)Requirements 10 1.19 No Obligation by Federal Government 11 1.20 Notice 11 1.21 Force Majeure 11 1.22 Debt to State 11 1.23 Franchise Tax Certification 11 1.24 Severability 12 1.25 E-Verify 12 1.26 Compliance with Federal Law,Regulations,and Executive Orders 12 1.27 Clean Air Act 12 1.28 Federal Water Pollution Control Act 12 1.29 Suspension and Debarment 12 1.30 Energy Conservation 13 1.31 Procurement of Recovered Materials 13 1.32 Terminated Contracts 13 2 Property and Procurement Requirements 13 2.1 Property Management and Inventory 13 2.2 Consulting Contracts 14 2.3 Procurement Practices and Policies 14 2.4 Contract Provisions Under Federal Awards 14 3 Audit and Records Requirements 14 3.1 Cooperation with Monitoring,Audits,and Records Requirements 14 3.2 Single Audit Requirements 15 3.3 Requirement to Address Audit Findings 15 Poye 3 123 Page 349 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. 3.4 Records Retention 15 4 Prohibited and Regulated Activities and Expenditures 16 4.1 Prohibited Costs 16 4.2 Political Activities 16 5 Financial Requirements 17 5.1 Direct Deposit 17 5.2 Payments and Required Documentation 17 5.3 Financial Reporting 17 5.4 Reimbursements 18 5.5 Refunds and Deductions 18 5.6 Recapture of Funds 18 5.7 Liquidation Period 18 5.8 Project Close Out 18 EXHIBIT A-State of Texas Assurances 19 EXHIBIT B—CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION 21 EXHIBIT C-CERTIFICATION REGARDING LOBBYING 22 Page 4 1 23 Page 350 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. 1 Grant Agreement Requirements and Conditions 1.I Applicability of Grant Agreement and Provisions The Grant Agreement is subject to the additional terms,conditions,and requirements of other laws,rules, regulations and plans recited herein and is intended to be the full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations,terms and conditions,both oral and written,are superseded and replaced by this Grant Agreement. Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations pertaining to the grant close-out, cooperation and provision of additional information, return of grant funds,audit rights, records retention, public information,and any other provision implying survivability shall remain in effect after the expiration or termination of this Grant Agreement. 1.2 Legal Authority to Apply The grantee certifies that it possesses legal authority to apply for the grant.A resolution,motion or similar action has been or will be duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative,or their designee of the organization to act in connection with the application and to provide such additional information as may be required. 1.3 Grant Acceptance The Notice of Subrecipient Grant Award remains an offer until the fully executed copy of this Grant Agreement is received by the Texas Division of Emergency Management(TDEM). 1.4 Project Period Funding has been authorized for eligible expenditures incurred between March 1,2020 and December 30, 2020. The specific performance period for this grant Is listed on the Notice of Subrecipient Grant Award. All expenditures must be incurred,and all services must be received within the performance period.TDEM will not be obligated to reimburse expenses incurred after the performance period. A cost is incurred when the responsible unit of government has expended funds to cover the cost. 1.5 General Responsibility Per the CARES Act,CRF grant funds may only be used to cover expenses that— 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019(COVID-19) 2. were not accounted for in the budget most recently approved as of March 27,2020 for the state or government;and 3. were incurred during the period that begins on March 1,2020 and ends on December 30, 2020. The US Department of Treasury(Treasury)provided additional guidance on the permissible use of grant funds,including nonexclusive examples of eligible expenses in the following categories: 1. Medical expenses, 2. Public health expenses, Page 5 123 Page 351 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency, 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, 5. Expenses associated with the provision of economic support In connection with the COVID- 19 public health emergency,and 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund's eligibility criteria. Further explanation of these categories and examples can be found at the following link: https://home.treasu ry.gov/system/files/136/Coronavirus-Rel ief-Fund-Guidance-for-State-Territoria I-Local- and-Tribal-Governments.pdf https://home.tre a su ry.gov/system/files/136/Coronavirus-Rel ief-Fund-F reque ntly-Asked-Quest ions.pdf The subrecipient agrees that a minimum of 75%of its allotment will be spent in the categories of medical expenses,public health expenses and payroll expenses for employees substantially dedicated to mitigating or responding to the public emergency.The remainder of the allotment may be spent in any of the categories provided within the Treasury guidance. The grantee certifies compliance with these eligible expenses by executing the CARES Act Coronavirus Relief Fund Eligibility Certification Form in Exhibit E,which is attached hereto and incorporated for all purposes. The grantee is responsible for the integrity of the fiscal and programmatic management of the grant project; accountability for all funds awarded; and compliance with TDEM administrative rules, policies and procedures,and applicable federal and state laws and regulations. The grantee will maintain an appropriate grant administration system to ensure that all terms,conditions and specifications of the grant are met. 1.6 Amendments and Changes to the Grant Agreement TDEM and the grantee may agree to make adjustments to the grant. Adjustments include, but are not limited to,modifying the scope of the grant project,adding funds to previously un-awarded cost items or categories changing funds in any awarded cost items or category,deobligating awarded funds or changing grant officials. The grantee has no right or entitlement to reimbursement with grant funds.TDEM and grantee agree that any act,action or representation by either Party,their agents or employees that purports to waive or alter the terms of the Grant Agreement or increase the maximum liability of TDEM is void unless a written amendment to this Grant Agreement is first executed and documented in GMS.The grantee agrees that nothing in this Grant Agreement will be interpreted to create an obligation or liability of TDEM in excess of the"Maximum Liability of the TDEM"as set forth in the Notice of Subrecipient Grant Award. Any alterations,additions,or deletions to the terms of this Grant Agreement must be documented in GMS to be binding upon the Parties. Notwithstanding this requirement,it is understood and agreed by Parties hereto,that changes in local,state and federal rules,regulations or laws applicable hereto,may occur during the term of this Grant Agreement and that any such changes shall be automatically incorporated into this Grant Agreement without written amendment hereto,and shall become a part hereof as of the effective date of the rule,regulation or law. Pag 6 123 Page 352 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. 1.7 Jurisdictional Cooperation A municipality may yield any portion of its allocated funds to the county within which it exists or a county may yield any portion of its allocated funds to a municipality within its footprint for eligible expenses.This may be accomplished in one of the following ways: 1. By a grant amendment,as described in section 1.6,where by funds are deobligated from the original subrecipient and then added to previously un-awarded costs items or categories of the receiving jurisdiction's grant award. 2. A subrecipient may use funds pursuant to this agreement to subcontract with another political subdivision within its jurisdiction for eligible and necessary expenditures incurred due to the public health emergency. The subrecipient is responsible for ensuring subcontractor eligibility and maintaining all required documentation. 1.8 Public information and Meetings Notwithstanding any provisions of this Grant Agreement to the contrary,the grantee acknowledges that the State of Texas,TDEM,and this Grant Agreement are subject to the Texas Public Information Act,Texas Government Code Chapter 552 (the"PIA").The grantee acknowledges that TDEM will comply with the PIA,as interpreted by judicial opinions and opinions of the Attorney General of the State ofTexas. The grantee acknowledges that information created or exchanged in connection with this Grant Agreement, including all reimbursement documentation submitted to TDEM, is subject to the PIA, whether created or produced by the grantee or any third party,and the grantee agrees that information not otherwise excepted from disclosure under the PIA,will be available in a format that is accessible by the public at no additional charge to TDEM or State of Texas.The grantee will cooperate with TDEM in the production of documents or information responsive to a request for information. 1.9 Remedies for Non-Compliance If TDEM determines that the grantee materially fails to comply with any term of this grant agreement, whether stated in a federal or state statute or regulation,an assurance,in a state plan or application,a notice of award, or any other applicable requirement, TDEM, in its sole discretion may take actions including: 1. Temporarily withholding cash payments pending correction of the deficiency or more severe enforcement action by TDEM; 2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in compliance; 3. Disallowing claims for reimbursement; 4. Wholly or partially suspending or terminating thisgrant; 5. Requiring return or offset of previous reimbursements; 6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs administered by TDEM until repayment to TDEM is made and any other compliance or audit finding is satisfactorily resolved; 7. Reducing the grant award maximum liability of TDEM; 8. Terminating this Grant Agreement; 9. Imposing a corrective action plan; Page 7 1 23 Page 353 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. 10. Withholding further awards;or 11. Taking other remedies or appropriate actions. The grantee costs resulting from obligations incurred during a suspension or after termination of this grant are not allowable unless TDEM expressly authorizes them in the notice of suspension or termination or subsequently. TDEM,at its sole discretion,may impose sanctions without first requiring a corrective action plan. 1.10 False Statements by Grantee By acceptance of this grant agreement,the grantee makes all the statements,representations,warranties, guarantees,certifications and affirmations included in this grant agreement.If applicable,the grantee will comply with the requirements of 31 USC§3729,which set forth that no grantee of federal payments shall submit a false claim for payment. If any of the statements,representations,certifications,affirmations,warranties,or guarantees are false or if the grantee signs or executes the grant agreement with a false statement or it is subsequently determined that the grantee has violated any of the statements,representations,warranties,guarantees, certifications or affirmations included in this grant agreement,then TDEM may consider this act a possible default under this grant agreement and may terminate or void this grant agreement for cause and pursue other remedies available to TDEM under this grant agreement and applicable law. False statements or claims made in connection with TDEM grants may result in fines, imprisonment, and debarment from participating in federal grants or contract,and/or other remedy available by law,potentially including the provisions of 38 USC §§ 3801-3812, which details the administrative remedies for false claims and statements made. 1.11 Conflict of Interest Safeguards The grantee will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain, whether for themselves or others, particularly those with whom they have family,business,or other ties. The grantee will operate with complete independence and objectivity without actual,potential,or apparent conflict of interest with respect to its performance under this Grant Agreement.The grantee certifies as to its own organization,that to the best of their knowledge and belief,no member of The A&M System or The A&M System Board of Regents,nor any employee,or person,whose salary is payable in whole or in part by a member of The A&M System,has direct or indirect financial interest in the award of this Grant Agreement, or in the services to which this Grant Agreement relates,or in any of the profits,real or potential,thereof. 1.12 Fraud, Waste,and Abuse The grantee understands that TDEM does not tolerate any type of fraud, waste, or misuse of funds received from TDEM.TDEM's policy is to promote consistent,legal,and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, TDEM policies,or standards of ethical conduct will be investigated,and appropriate actions will be taken.The grantee understands and agrees that misuse of award funds may result in a range of penalties,including suspension of current and future funds, suspension or debarment from federal and state grants, recoupment of monies provided under an award,and civil and/or criminal penalties. In the event grantee becomes aware of any allegation or a finding of fraud,waste,or misuse of funds received from TDEM that is made against the grantee,the grantee is required to Immediately notify TDEM of said allegation or finding and to continue to inform TDEM of the status of any such on-going investigations. The grantee must also promptly refer to TDEM any credible evidence that a principal, Page 8 123 Page 354 of 545 • City Council Regular Meeting - Dec 14 2020 Agenda Item #2. employee, agent, grantee, contractor, subcontractor, or other person has-- (1) submitted a claim for award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,or similar misconduct involving award funds. Grantees must also immediately notify TDEM in writing of any misappropriation of funds,fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant requirements. Grantees must notify the local prosecutor's office of any possible criminal violations. Grantees must immediately notify TDEM in writing if a project or project personnel become involved in any litigation,whether civil or criminal,and the grantee must immediately forward a copy of any demand, notices,subpoenas,lawsuits,or indictments to TDEM. 1.13 Termination of the Agreement TDEM may,at its sole discretion,terminate this Grant Agreement,without recourse,liability or penalty against TDEM, upon written notice to grantee. In the event grantee fails to perform or comply with an obligation or a term,condition or provision of this Grant Agreement,TDEM may,upon written notice to grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such notification of Termination for Cause will state the effective date of such termination,and if no effective date is specified,the effective date will be the date of the notification. TDEM and grantee may mutually agree to terminate this Grant Agreement.TDEM in its sole discretion will determine if,as part of the agreed termination, grantee is required to return any or all of the disbursed grant funds. Termination is not an exclusive remedy,but will be in addition to any other rights and remedies provided in equity,by law,or under this Grant Agreement,including those remedies listed at 2 C.F.R.200.207 and 2 C.F.R. 200.338—200.342. Following termination by TDEM, grantee shall continue to be obligated to TDEM for the return of grant funds in accordance with applicable provisions of this Grant Agreement.In the event of termination under this Section,TDEM's obligation to reimburse grantee is limited to allowable costs incurred and paid by the grantee prior to the effective date of termination,and any allowable costs determined by TDEM in its sole discretion to be reasonable and necessary to cost-effectively wind up the grant.Termination of this Grant Agreement for any reason or expiration of this Grant Agreement shall not release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated to survive any such termination or expiration. 1.14 Limitation of Liability TO THE EXTENT ALLOWED BY I.AW,THE GRANTEE SHALL DEFEND,INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND AGENCY,AND/OR THEIR OFFICERS,REGENTS,AGENTS,EMPLOYEES,REPRESENTATIVES, CONTRACTORS,ASSIGNEES,AND/OR DF.SIGNF.ES FROM ANY AND ALL LIABILITY,ACTIONS,CLAIMS,DEMANDS, OR SUITS,AND ALL RELATED COSTS,ATTORNEY FEES,AND EXPENSES ARISING OUT OF,OR RESULTING FROM ANY ACTS OR OMISSIONS OF RESPONDENT OR iTS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS,OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WIIEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WiTHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE.OF THE TEXAS ATTORNEY GENERAL.RESPONDENT AND AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver by TDEM as an agency of the State of Texas,its officers,regents,employees,agents,or contractors or the State of Texas of any privileges,rights,defenses,remedies,or immunities from suit and liability that TDEM or the State of Texas may have by operation of law. P n . 9 123 Page 355 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. • 1.15 Dispute Resolution The Parties' representatives will meet as needed to implement the terms of this Grant Agreement and will make a good faith attempt to informally resolve any disputes. Notwithstanding any other provision of this Grant Agreement to the contrary,unless otherwise requested or approved in writing by TDEM, the grantee shall continue performance and shall not be excused from performance during the period any breach of Grant Agreement claim or dispute is pending. The dispute resolution process provided in Chapter 2260,Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260,shall be used by TDEM and grantee to attempt to resolve any claim for breach of contract made by the grantee that cannot be resolved in the ordinary course of business. Grantee shall submit written notice of a claim of breach of contract under this Chapter to the Chief of TDEM,who shall examine the grantee's claim and any counterclaim and negotiate with grantee in an effort to resolve the claim. The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to this Grant Agreement,without regard to any otherwise applicable conflict of law rules or requirements. Venue for any grantee-initiated action,suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court, Southern District of Texas - Houston Division. Venue for any TDEM-initiated action, suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement may be commenced in a Texas state district court or a United States District Court selected by TDEM in its sole discretion. The grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation.The grantee hereby waives and agrees not to assert by way of motion,as a defense,or otherwise,in any suit,action or proceeding,any claim that the grantee is not personally subject to the jurisdiction of the above-named courts;the suit,action or proceeding is brought in an Inconvenient forum;and/or the venue is improper. 1.16 Liability for Taxes The grantee agrees and acknowledges that grantee Is an independent contractor and shall be entirely responsible for the liability and payment of grantee's and grantee's employees' taxes of whatever kind, arising out of the performances in this Grant Agreement.The grantee agrees to comply with all state and federal laws applicable to any such persons,including laws regarding wages,taxes,insurance,and workers' compensation.TDEM and/or the State of Texas shall not be liable to the grantee,its employees,agents,or others for the payment of taxes or the provision of unemployment insurance and/or workers'compensation or any benefit available to a state employee or employee of TDEM. 1.17 Required State Assurances The grantee must comply with the applicable State Assurances included within the State Uniform Grant Management Standards(UGMS),Section III,Subpart B,_.14,which are attached hereto and incorporated for all purposes as Exhibit A. 1.18 System for Award Management(SAM)Requirements A. The grantee agrees to comply with applicable requirements regarding registration with the System for Award Management(SAM)(or with a successor government-wide system officially designated by OMB and, if applicable, the federal funding agency). These requirements include maintaining current registrations and the currency of the information in SAM. The grantee will review and update information at least annually until submission of the final financial report required under the award or Parke 10 1 23 Page 356 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. receipt of final payment,whichever is later,as required by 2 CFR Part 25. B. The grantee will comply with Executive Orders 12549 and 12689 that requires"a contract award(see 2 CFR 180.220)must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM)",in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,p.189)and 12689(3 CFR part 1989 Comp.,p.235), "Debarment and Suspension."SAM Exclusions contains the names of parties debarred,suspended,or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority.The grantee certifies it will verify each vendor's status to ensure the vendor is not debarred, suspended, otherwise excluded or declared ineligible by checking the SAM before doing/renewing business with that vendor. C. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and have not been subjected to suspension,debarment,or similar ineligibility determined by any federal, state or local governmental entity and the grantee is in compliance with the State of Texas statutes and rules relating to procurement and that the grantee is not listed in the federal government's terrorism watch list as described in Executive Order 13224. 1.19 No Obligation by Federal Government The Parties acknowledge and agree that the federal government is not a party to this Grant Agreement and is not subject to any obligations or liabilities to either Party,third party or subcontractor pertaining to any matter resulting from this Grant Agreement. 1.20 Notice Notice may be given to the grantee via GMS,email,hand-delivery,or United States Mail.Notices to the grantee will be sent to the name and address supplied by grantee in GMS. 1.21 Force Majeure Neither the grantee nor TDEM shall be required to perform any obligation under this Grant Agreement or be liable or responsible for any loss or damage resulting from its failure to perform so long as performance is delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages, embargo, riot, war, revolution, terrorism, rebellion, insurrection, pandemic, flood, natural disaster, or interruption of utilities from external causes. Each Party must inform the other in writing, with proof of receipt,within three(3)business days of the existence of such force majeure,or otherwise waive this right as a defense. 1.22 Debt to State The grantee certifies,to the extent grantee owes any debt(child support or other obligation)or delinquent taxes to the State of Texas,any payments grantee is owed under this Grant Agreement may be applied by the Comptroller of Public Accounts toward any such debt or delinquent taxes until such debt or delinquent taxes are paid in full. 1.23 Franchise Tax Certification If grantee is a taxable entity subject to the Texas Franchise Tax(Chapter 171,Texas Tax Code),then grantee certifies that it is not currently delinquent in the payment of any franchise(margin)taxes or that grantee is exempt from the payment of franchise(margin)taxes. I' acgc 11 I 23 Page 357 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. 1.24 Severability If any provisions of this Grant Agreement are rendered or declared illegal for any reason,or shall be invalid or unenforceable,such provision shall be modified or deleted in such manner so as to afford the Party for whose benefit it was intended the fullest benefit commensurate with making this Grant Agreement, as modified,enforceable,and the remainder of this Grant Agreement and the application of such provision to other persons or circumstances shall not be affected thereby,but shall be enforced to the greatest extent permitted by applicable law. 1.25 E-Verify By entering into this Grant Agreement, grantee certifies and ensures that it utilizes and will continue to utilize,for the term of this Grant Agreement,the U.S.Department of Homeland Security's e-Verify system to determine the eligibility of(a)all persons employed during the contract term to perform duties within Texas; and (b) all persons (including subcontractors) assigned by the grantee pursuant to the Grant Agreement. 1.26 Compliance with Federal Law,Regulations,and Executive Orders Grantee acknowledges that federal financial assistance funds will be used to fund the Grant Agreement. Grantee will comply with all applicable federal law,regulations,executive orders,policies,procedures,and directives. 1.27 Clean Air Act The following is only applicable if the amount of the contract exceeds$150,000. a. Grantee agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C.§7401 et seq. b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will,in turn, report each violation as required to assure notification to the Federal Emergency Management Agency,and the appropriate Environmental Protection Agency Regional Office. c. Grantee agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with federal assistance provided by this Grant Agreement. 1.28 Federal Water Pollution Control Act a. Grantee agrees to comply with all applicable standards,orders,or regulations issued pursuant to the Federal Water Pollution Control Act,as amended,33 U.S.C.1251 et seq. b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will,in turn, report each violation as required to assure notification to the Federal Emergency Management Agency,and the appropriate Environmental Protection Agency Regional Office. c. Grantee agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with federal assistance provided by this Grant Agreement. 1.29 Suspension and Debarment a. This Grant Agreement is a covered transaction for purposes of 2 C.F.R. pt 180 and 2 C.F.R. pt. 3000. Grantee certifies that grantee,grantee's principals(defined at 2C.F.R.Sec.180.995),or its f age 12 123 Page 358 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. affiliates (defined at 2 C.F.R. Sec. 180.905) are excluded (defined at 2 C.F.R. Sec. 180.940) or disqualified(defined at 2 C.F.R.Sec.180.935). b. Grantee must comply with 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C and must include a requirement comply with these regulations in any lower tier covered transaction it enters Into. c. This certification is a material representation of fact relied upon by TDEM. If it Is later determined that grantee did not comply with 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,in addition to remedies available to TDEM,the Federal Government may pursue available remedies,including but limited to suspension and/or debarment. 1.30 Energy Conservation If applicable,grantee agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 1.31 Procurement of Recovered Materials a. In the performance of this Grant Agreement, grantee shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements;or (iii) At a reasonable price. b. Information about this requirement,along with the list of EPA-designated items,is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.Rov/smm/comprehensive-procurement-gu idel ine-cpg-program. 1.32 Terminated Contracts The grantee has not had a contract terminated or been denied the renewal of any contract for noncompliance with policies or regulations of any state or federally funded program within the past five(5) years nor is it currently prohibited from contracting with a governmental agency. If the grantee does have such a terminated contract, the grantee shall identify the contract and provide an explanation for the termination.The grantee acknowledges that this Grant Agreement may be terminated and payment withheld or return of grant funds required if this certification is inaccurate or false. 2 Property and Procurement Requirements 2.1 Property Management and inventory The grantee must ensure equipment purchased with grant funds is used for the purpose of the grant and as approved by TDEM.The grantee must develop and implement a control system to prevent loss,damage or theft of property and investigate and document any loss,damage or theft of property funded under this Grant. The grantee must account for any real and personal property acquired with grant funds or received from Page 13 123 Page 359 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property.This documentation must be maintained by the grantee,according to the requirements listed herein,and provided to TDEM upon request,if applicable. When original or replacement equipment acquired under this award by the grantee is no longer needed for the original project or program or for other activities currently or previously supported by the federal awarding agency or TDEM,the grantee must make proper disposition of the equipment pursuant to 2 CFR 200. The grantee will maintain specified equipment management and inventory procedures for equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place,with a per-unit cost of$5,000 or greater.The equipment and inventory procedures include: A. The grantee must keep an inventory report on file containing equipment purchased with any grant funds during the grant period.The inventory report must agree with the approved grant budget and the final Financial Status Report and shall be available to TDEM at all times upon request. B. The grantee must maintain property/inventory records which,at minimum,include a description of the property,a serial number or other identification number,the source of property,who holds title,the acquisition date,the cost of the property,the percentage of Federal participation in the cost of the property,the location,use and condition of the property,and any ultimate disposition data including the date of disposal and sale price of the property. C. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to the equipment Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. 2.2 Consulting Contracts Pre-approval of costs related to consulting contracts is required and the value of consulting contracts entered into by the grantee may not exceed 5%of the total funds received by the local unit of government. 2.3 Procurement Practices and Policies The grantee must follow applicable federal and state law,federal procurement standards specified in regulations governing federal awards to non-federal entities,their established policy,and best practices for procuring goods or services with grant funds.Procurement activities must follow the most restrictive of federal,state and local procurement regulations. Contracts must be routinely monitored for delivery of services or goods. 2.4 Contract Provisions Under Federal Awards All contracts made by a grantee under a federal award must contain the provisions outlined in 2 CFR 200 Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards, Appendix II to Part 200 Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. 3 Audit and Records Requirements 3.1 Cooperation with Monitoring,Audits,and Records Requirements All records and expenditures are subject to,and grantee agrees to comply with,monitoring and/or audits conducted by the United States Department of Treasury's Inspector General(DOTIG),TDEM,and the State Pog< 14123 Page 360 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. Auditor's Office(SAO)or designee.The grantee shall maintain under GAAP or GASB,adequate records that enable DOTIG,TDEM,and SAO to ensure proper accounting for all costs and performances related to this GrantAgreement. 3.2 Single Audit Requirements Any grantee expending$750,000 or more in federal funds in a fiscal year may be subject to Single Audit Requirements in 2 CFR,Part 200,Subpart F—Audit Requirements,at https://www.ecfr.gov/cgi-bin/text- idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl. The grantees expending more than$750,000 in state funds in a fiscal year are subject to the requirements in the Texas Single Audit Circular, at https://comptroller.texas.gov/purchasing/docs/ugms.pdf.The audit must be completed and the data collection and reporting package described in 2 CFR 200.512 must be submitted to the Federal Audit Clearinghouse(FAC)within 30 calendar days after receipt of the auditor's report(s),or nine months after the end of the audit period,whichever is earlier. 3.3 Requirement to Address Audit Findings If any audit, monitoring, investigations, review of awards, or other compliance review reveals any discrepancies, inadequacies, or deficiencies which are necessary to correct in order to maintain compliance with this Grant Agreement, applicable laws, regulations, or the grantee's obligations hereunder,the grantee agrees to propose and submit to TDEM a corrective action plan to correct such discrepancies or inadequacies within thirty(30)calendar days after the grantee's receipt of the findings. The grantee's corrective action plan is subject to the approval ofTDEM. The grantee understands and agrees that the grantee must make every effort to address and resolve all outstanding issues,findings,or actions identified by DOTIG,TDEM,or SAO through the corrective action plan or any other corrective plan.Failure to promptly and adequately address these findings may result in grant funds being withheld,other related requirements being imposed,or other sanctions and penalties. The grantee agrees to complete any corrective action approved by TDEM within the time period specified by TDEM and to the satisfaction of TDEM, at the sole cost of the grantee.The grantee shall provide to TDEM periodic status reports regarding the grantee's resolution of any audit,corrective action plan, or other compliance activity for which the grantee is responsible. 3.4 Records Retention A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures of grant funds,reporting measures,and funds received from TDEM under this Grant Agreement.Audit trails maintained by the grantee will,at a minimum,identify the supporting documentation prepared by the grantee to permit an audit of its accounting systems and payment verification with respect to the expenditure of any funds awarded under this Grant Agreement. B. The grantee must maintain fiscal records and supporting documentation for all expenditures resulting from this Grant Agreement pursuant to 2 CFR 200.333 and state law. 1. The grantee must retain these records and any supporting documentation for a minimum of seven(7)years from the later of the completion of this project's public objective,submission of the final expenditure report,any litigation,dispute,or audit. 2. Records related to real property and equipment acquired with grant funds shall be retained for seven(7)years after final disposition. 3. TDEM may direct a grantee to retain documents for longer periods of time or to transfer certain records to TDEM or federal custody when it is determined that the records possess long term Pace 15 123 Page 361 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. retention value. 4 Prohibited and Regulated Activities and Expenditures 4.1 Prohibited Costs A. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Revenue replacement is not a permissible use of these grant funds. In accordance with Section 3.1 all record and expenditures are subject to review. B. Damages covered by insurance. C. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. D. Duplication of benefits including expenses that have been or will be reimbursed under any other federal program. E. Reimbursement to donors for donated Items or services. F. Workforce bonuses other than hazard pay or overtime. G. Severance pay. H. Legal settlements. 4.2 Political Activities Grant funds may not be used In connection with the following acts by agencies or individuals employed by grant funds: A. Unless specifically authorized to do so by federal law, grant recipients or their grantees or contractors are prohibited from using grant funds directly or Indirectly for political purposes, including lobbying or advocating for legislative programs or changes;campaigning for,endorsing, contributing to,or otherwise supporting political candidates or parties;and voter registration or get-out-the-vote campaigns. Generally,organizations or entities which receive federal funds by way of grants,contracts,or cooperative agreements do not lose their rights as organizations to use their own, private, non-federal resources for "political" activities because of or as a consequence of receiving such federal funds.These recipient organizations must thus use private or other non-federal money,receipts,contributions,or dues for their political activities,and may not charge off to or be reimbursed from federal contracts or grants for the costs of such activities. B. Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the grantee agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. C. Grant-funded employees may not coerce, attempt to coerce, command, restrict, attempt to restrict,or prevent the payment,loan,or contribution of anything of value to a person or political organization for a political purpose. D. Grant funds may not be used to employ,as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 of the Government Code to register as a lobbyist. Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or employee of the agency,membership dues to an organization that pays part or all of the salary of Page 16I23 Page 362 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. a person who is required by Chapter 305 of the Government Code to register as a lobbyist. E. As applicable, the grantee and each contracting tier will comply with 31 USC § 1352, which provides that none of the funds provided under an award may be expended by the grantee to pay any person to influence,or attempt to influence an officer or employee of any agency,a Member of Congress, an officer of employee of Congress,or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Grantee shall file the required certification attached hereto and incorporated for all purposes as Exhibit F. Each contracting tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 5 Financial Requirements 5.1 Direct Deposit A completed direct deposit form from the grantee must be provided to TDEM prior to receiving any payments. The direct deposit form is currently available at https://grants.tdem.texas.gov/. 5.2 Payments and Required Documentation Funding for this Grant Agreement is appropriated under the Coronavirus Aid,Relief,and Economic Security Act,2020(Public Law 116-136)enacted on March 27,2020,as amended,to facilitate protective measures for and recovery from the public health emergency in areas affected by COVID-19,which are Presidentially- declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C. 5121 et seq.). All expenditures under this Grant Agreement must be made in accordance with this Grant Agreement and any other applicable laws,rules or regulations.Further,grantee acknowledges that all funds are subject to recapture and repayment for non-compliance pursuant to Section 5.7 below. Payment of funds on projects may be initiated by the grantee through a Request for Reimbursement (RFR)in GMS. Grantee may initiate an Advance of Funds Request(AFR)through GMS for an initial cash advance to cover actual costs incurred or up to 20%of their total allocation,whichever is larger. Additional advances or reimbursement requests may be requested following full reporting to TDEM of expenses incurred and applied against the initial and/or any subsequent advance payments. If sufficient progress is not made towards expenditure of advanced funds and/or the grantee fails to meet financial reporting obligations,TDEM may implement sanctions as necessary up to and including grant termination. All documentation for expenditures paid during the project period must be submitted to TDEM on or before the grant liquidation date. 5.3 Financial Reporting Financial reports must be submitted to TDEM on a quarterly basis via GMS but can be submitted more often as necessary to draw down funds. The final financial report must be submitted to TDEM on or before the grant liquidation date or the grant funds may lapse and TDEM will provide them as grants to other eligible jurisdictions. Page 17 123 Page 363 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. 5.4 Reimbursements TDEM will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable costs incurred and paid by the grantee pursuant to this Grant Agreement.TDEM Is not obligated to pay unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the commencement or after the termination of this Grant Agreement. 5.5 Refunds and Deductions If TDEM determines that the grantee has been overpaid any grant funds under this Grant Agreement, including payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, the grantee shall return to TDEM the amount identified by TDEM as an overpayment.The grantee shall refund any overpayment to TDEM within thirty(30)calendar days of the receipt of the notice of the overpayment from TDEM unless an alternate payment plan is specified by TDEM. Refunds may be remitted to: Texas Division of Emergency Management, P.O. Box 15467, Austin,Texas 78761. 5.6 Recapture of Funds The discretionary right of TDEM to terminate for convenience under Section 1.13 notwithstanding,TDEM shall have the right to terminate the Grant Agreement and to recapture, and be reimbursed for any payments made by TDEM:(i)that are not allowed under applicable laws,rules,and regulations;or(li)that are otherwise inconsistent with this Grant Agreement,including any unapproved expenditures. 5.7 Liquidation Period Grant funds will liquidate 90 calendar days following the project period end date or on December 30,2020, whichever Is earlier. Funds not obligated by the end of the grant period and not expended by the liquidation date will revert to TDEM. 5.8 Project Close Out TDEM will close-out the grant award when it determines that all applicable administrative actions and all required work of the grant have been completed by the grantee. The grantee must submit all financial, performance, and other reports as required by the terms and conditions of the grant award. The grantee must promptly refund any balances of unobligated cash that TDEM paid in advance or paid and that are not authorized to be retained by the grantee for use in other projects. [EXHIBITS AND SIGNATURE PAGE FOLLOWS] Page 18 123 Page 364 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. EXHIBIT A-State of Texas Assurances As the duly authorized representative of Grantee,I certify that Grantee: 1.Shall comply with Texas Government Code,Chapter 573,by ensuring that no officer,employee,or member of the grantee's governing body or of the grantee's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person.This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years,or such other period stipulated by local law,prior to the election or appointment of the officer,employee,or governing body member related to such person in the prohibited degree. 2.Shall insure that all information collected,assembled,or maintained by the grantee relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,Chapter 552,unless otherwise expressly prohibited by law. 3.Shall comply with Texas Government Code,Chapter 551,which requires all regular,special,or called meetings of governmental bodies to be open to the public,except as otherwise provided by law or specifically permitted in the Texas Constitution. 4.Shall comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is in arrears on child support payments. 5.Shall not contract with or issue a license,certificate,or permit to the owner,operator,or administrator of a facility if the grantee is a health, human services,public safety,or law enforcement agency and the license,permit,or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6,Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701,Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process of achieving compliance with such rules if the grantee is a law enforcement agency regulated by Texas Occupations Code,Chapter 1701. 7.Shall follow all assurances.When incorporated into a grant award or contract,standard assurances contained in the application package become terms or conditions for receipt of grant funds.Administering state agencies and grantees shall maintain an appropriate contract administration system to insure that all terms,conditions,and specifications are met.(See UGMS Section_.36 for additional guidance on contract provisions). 8.Shall comply with the Texas Family Code,Section 261.101,which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantee shall also ensure that all program personnel are properly trained and aware of this requirement. 9.Shall comply with all federal statutes relating to nondiscrimination.These include but arc not limited to:(a)Title VI of the Civil Rights Act of 1964(P.L.88-352),which prohibits discrimination on the basis of race,color,or national origin;(b)Title IX of the Education Amendments of 1972,as attended(20 U.S.C.§§1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§794),which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles!,tl,and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities,44 U.S.C_§§12101-12213;(d)the Age Discrimination Act of 1974,as amended(42 U.S.C. §§6101-6107),which prohibits discrimination on the basis of age;(e)the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended,relating to nondiscrimination on the basis of drug abuse;(I)the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment,and Rehabilitation Act of 1970(P.L.91-616),as amended,relating to the nondiscrimination on the basis of alcohol abuse or alcoholism;(g)§§523 and 527 of the Public Health Service Act of 1912(42 U.S.C.§§290dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;(h)Title ViII of the Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.),as amended,relating to nondiscrimination in the sale,rental,or financing of housing;(i)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made;and(j)the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10.Shall comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act(40 U.S.C. §276c and 18 U.S.C.§874),and the Contract Work Hours and Safety Standards Act(40 U.S.C.§§327-333),regarding labor standards for federally assisted construction subagrecmcnts. 11.Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L 91-646),which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12.Shall comply with the provisions of the tlatch Political Activity Act(5 U.S.C.§§7321-29),which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13.Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970,as applicable. !' ci ca 19 l 23 EXHIBIT A Page 365 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. 14.Shall insure that the facilities under its ownership,lease,or supervision which shall be utilized in the accomplishment of the project arc not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA(P.O 11738). 15.Shall comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234.Section 102(a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16.Shall comply with environmental standards which may be prescribed pursuant to the following:(a)institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L.91-190)and Executive Order(F.0)1 1514;(b)notification of violating facilities pursuant to P.O 11738;(c)protection of wetlands pursuant to P.O 11990;(d)evaluation of flood hazards in floodplains in accordance with EO 11988;(e)assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972(16 U.S.C.§§1451 et seq.);(I)conformity of federal actions to State(Clear Air) Implementation Plans under Section 176(c)of the Clear Air Act of 1955,as amended(42 U.S.C.§§7401 et seq.);(g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L.93-523);and(h)protection of endangered species under the Endangered Species Act of 1973,as amended(P.L.93.205). 17.Shall comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C.§§1271 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. 18.Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966,as amended (16 U.S.C.§470),EO 11593(identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.§§469a-1 et seq.). 19.Shall comply with the Laboratory Animal Welfare Act of 1966(Pl.89-544,as amended,7 U.S.C.§§2131 et seq.)which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale,used in research,transported commercially,or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 20.Shall comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.§§4801 et seq.)which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 21.Shall comply with the Pro-Children Act of 1994(Public Law 103-277),which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22.Shall comply with all federal lax laws and are solely responsible for filing all required state and federal tax forms. 23.Shall comply with all applicable requirements of all other federal and state laws,executive orders,regulations,and policies governing this program. 24.And its principals are eligible to participate and have not been subjected to suspension,debarment,or similar ineligibility determined by any federal,state,or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224.Entities ineligible for federal procurement have Exclusions listed at https://www,sam.gov/portallpublic/SAM/. 25.Shall adopt and implement applicable provisions of the model!UV/AIDS work place guidelines of the Texas Department of Ilealth as required by the Texas Health and Safety Code,Ann.,Sec.85.001,et seq. 26.Shall comply with the Drug-Free Workplace Rules established by the Texas Worker's Compensation Commission effective April 17, 1991. I' a (3 ( 20 123 EXHIBIT A Page 366 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. EXHIBIT B-CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION 1, Clay Pearson ,am the County Judge,Mayor or City Manager of City of Pearland ("County"/"Municipality"),and I certify that: 1. I have the authority on behalf of County/Municipality to request grant payments from the State of Texas("State")for federal funds appropriated pursuant to section 601 of the Social Security Act,as added by section 5001 of the Coronavirus Aid,Relief,and Economic Security Act,Pub.L.No.116-136, div.A,Title V(Mar.27,2020). 2. I understand that the State will rely on this certification as a material representation in making grant payments to the County/Municipality. 3. I acknowledge that County should keep records sufficient to demonstrate that the expenditure of funds it has received is in accordance with section 601(d)of the Social Security Act. 4. I acknowledge that all records and expenditures are subject to audit by the United States Department of Treasury's Inspector General,the Texas Division of Emergency Management,and the Texas State Auditor's Office,or designee. 5. I acknowledge that County has an affirmative obligation to identify and report any duplication of benefits. I understand that the State has an obligation and the authority to deobligate or offset any duplicated benefits. 6. I acknowledge and agree that County/Municipality shall be liable for any costs disallowed pursuant to financial or compliance audits of funds received. 7. I acknowledge that if County has not used funds it has received to cover costs that were incurred by December 30,2020,as required by the statute,those funds must be returned to the United States Department of the Treasury. 8. I acknowledge that the County/Municipality's proposed uses of the funds provided as grant payments from the State by federal appropriation under section 601 of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency and governor's disaster declaration on March 13,2020 with respect to the Coronavirus Disease 2019(COVID-19); b. were not accounted for in the budget most recently approved as of March 27,2020, for County/Municipality;and c. were incurred during the period that begins on March 1,2020 and ends on December 30,2020. In addition to each of the statements above,I acknowledge on submission of this certification that my jurisdiction has incurred eligible expenses between March 1,2020 and the date noted below. By: Clay Pearson Slgnaturea' �C�F+--�.,- Title: City Man ger Date: Page 21 123 EXHIBIT B Page 367 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. EXHIBIT C-CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned grantee, Clay Pearson-City of Pearland ,certifies,to the best of his or her knowledge that: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan or cooperative agreement,the undersigned shall complete and submit Standard Form—LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this certification be Included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all subreciplents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.Sec.1352(as amended by the Lobbying Disclosure Act of 119). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The grantee, City of Pearland ,certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any. In addition, grantee understands and agrees that the provisions of 31 U.S.C. Sec.3801 et seq.apply to his certification and disclosure,if any. By: Clay Pe Signature: Title: City Manage Date: r"—IS"D-° . Pogc 22 I 23 EXHIBIT C Page 368 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. Please initial by each Exhibit,acknowledging you have received them,understand them,and agree to abide by them, Of State of Texas Assurances,hereinafter referred to as"Exhibit A" f) CARES Act Coronavirus Relief Fund Eligibility Certification,hereinafter referred to as"Exhibit B" Certification Regarding Lobbying,hereinafter referred to as"Exhibit C" Please sign below to acknowledged acceptance of the grant and all exhibits in this Grant Agreement,and to abide by all terms and conditions. By: Clay Pe Signature: __--- Title: City Mana er Date: c`/ Pag 30130 SIGNATURE PAGE Page 369 of 545 City Council Regular Meeting - Dec 14 2020 Agenda Item #2. you 'f�4 $ crt SPECIAL REVENUE FUND POLICY III X JA CORONAVIRUS RELIEF FUND (FUND 355) 'sr 1 s9A Background The City of Pearland is the recipient of an allocation of $6,374,005 from the State of Texas' Coronavirus Relief Fund, via the U.S. Treasury allocation of $150 billion to states for recovery and response efforts related to COVID-19. The City's allocation is permanently restricted for the purposes outlined in the attached State and federal regulations; specifically, but not limited to, Section 601(d) of the Social Security Act. Policy I, Clay Pearson, City Manager, hereby authorize the City's acceptance of these funds, with the express restriction that no amount of these funds be expended or reallocated in any way, shape or form, and that no fund transfers involving the accounting for these funds occur, without the implementation of a Council-approved plan. I also hereby direct the Finance Director to establish Special Revenue Fund 355— Coronavirus Relief Fund ("Fund"), and to limit access to the Fund to the Finance Director and his designee, until the City Council implements a spending plan ("Plan")for use of the Fund. Until City Council adopts a Plan that complies with all federal regulations, no procurement, contract awards, expense journal entries, transfers out, reclassification of expenses from other funds, or other diminishing accounting procedures may take place within the Fund. In addition, the Fund shall not incur expenditures or be the subject of any accounting journal entries or reclassification of expenditures that occurred prior to March 1, 2020, and the Fund also be restricted from incurring expenditures after December 30, 2020. 1, Clay Pearson, the undersigned, hereby establish the above policy for City of Pearland Special Revenue Fund 355—Coronavirus Relief Fund, until further notice and specific actions authorized by the it,Council. 4 I/ / '7 0 Z v ay Pears9 — ity Manager Date Page 370 of 545 City Council Regular Meeting - Dec 14 2020