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2020-023 - Resolution Authorizing the Signing of the Terms and Condition to pursue the Coronavirus Relief Fund (CRF) Created by the CARES ActRESOLUTION 2020-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE SIGNING OF THE TERMS AND CONDITIONS, CERTIFICATES AND OTHER NECESSARY DOCUMENTS TO PURSUE THE CORONAVIRUS RELIEF FUND (CRF) CREATED BY THE CARES ACT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS TO PURSUE THE FUNDING; MAKING OTHER FINDINGS RELATED TO THE SUBJECT; DECLARING AN EFFECTIVE DATE. WHEREAS, the United States Congress approved the Coronavirus Aid, Relief, and Economic Security (CARES) Act to help governments, businesses and individuals who are responding to the COVID-19 pandemic; and WHEREAS, the City of Paris has been allocated a maximum amount of $55.00 per capita ($1,393,150.00), of which 20% ($278,630.00) will be allocated immediately upon signing the agreements attached hereto and incorporated herein by reference as Exhibit A with the remainder of the funds available as reimbursement as the city submits requests; and WHEREAS, this program is retroactive to expenses incurred from March 1, 2020 and will extend to December 30, 2020; and WHEREAS, eligible expenses must be COVID-19-related expenses incurred from March 1 to December 30, 2020 and not planned as a part of the city's budget, such expenses including but not limited to cleaning playground equipment, extra EMS staff due to calls and cleaning requirements, COVID-19 test kits, reimbursement to the City for employee leave time due to FFCRA; and WHEREAS, in order for the City to access these funds, the city must approve this resolution, agree to the Terms and Conditions of the grant, and sign the Certification Form attached herewith as Exhibit A; and WHEREAS, due to the numerous grant assurances, record keeping, reporting compliance, etc. and the work time needed to do so, it is highly recommended that we use a third -party administrator; and WHEREAS, upon City Council approval, City Staff will pursue procuring a third -party administrator for administrating the program; and WHEREAS, it is necessary and in the best interests of the City of Paris to apply for funding under the Coronavirus Relief Fund (CRF); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the City of Paris wishes to pursue funding through the Coronavirus Relief Fund (CRF) under the Coronavirus Aid, Relief, and Economic Security ("CARES") Act. Section 2. That the City Council directs and designates the City Manager as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application to apply for the CRF Funding as set forth in the Terms and Conditions in Exhibit A attached hereto and to sign any and all documents, certifications, and applications related thereto. Section 3. That the City Council authorizes City Staff to procure a third party company to administer the funding under the program. PASSED AND APPROVED THIS 8th day of June, 2020. Stev6,f'J. Clifford, .D., Mayor Ellis, City Clerk APPROVED AS TO FORM: Stepp anie H. Harris, City Attorney STATE of TEXAS May 11, 2020 Dear County and City Leaders: Thank you for your continued work to combat the coronavirus and address the ancillary effects of that fight in your communities. These are tremendously difficult times for all Texans. PIease know that the elected representatives in your state government are working continuously to protect the health and safety of this state, mitigate the economic ramifications of COVID-19, and build a path towards recovery. As you are keenly aware, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act to provide much needed resources to help governments, businesses, and individuals respond to the current pandemic. President Trump signed the CARES Act into law and his administration continues to provide guidance on the numerous avenues of federal funding the legislation provides. Within the CARES Act, the Coronavirus Relief Fund (CRF) was created to provide financial resources to state and local governments. As it relates to the CRF, Texas has received approximately $11.24 billion from the United States Department of Treasury (Treasury) for direct coronavirus related expenses based on the funding formula provided in the CARES Act. Consistent with the CARES Act, 45 percent of the total $11.24 billion state allocation— approximately $5.06 billion --will be made available to local governments. Of that $5.06 billion, Treasury has directly sent just over $3.2 billion to the six cities and 12 counties in Texas with a population greater than 500,000. That leaves approximately $1.85 billion that the state can make available to the cities and counties in the rest of the state. Counties below 500,000 population and the Cities within them The 242 counties, and each of the cities within those counties, that did not receive direct allocations from Treasury are eligible to apply to the state for a per capita allocation from the $1.85 billion. Cities with a population less than 500,000 located in counties with a population exceeding 500,000 are addressed later in this letter. County allocations will be calculated based on the population in the unincorporated areas of the county. We encourage cities and counties to work together to address expenses that cross jurisdictional lines. May 11, 2020 Page 3 PT714QATW*A;4A )t I; Ae=-- 17WIP counties on a $55 per capita allotment. Twenty percent of each jurisdiction's allocation will be available immediately upon certification to the State that grant terms will be followed. Importantly, Treasury has provided strict guidelines for local governments to receive funds. Treasury affirmed that the State can transfer funds to local governments "provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if they have not been used in a manner consistent with section 601(d) of the Social Security Act." Treasury has also instructed that "funds may not be used to fill shortfalls in government revenue to cover expenditures that woul not otherwise qualify as an eligible expenditure." Also, all costs must be incurred before December 30,2020, to qualify for fiinding. I 71W n=1 ame To access the remainder of their allocation on a reimbursement basis. Tie unallocated funds will be reserved for local expenses as future outbreaks and the long-term impacts of COVID-19 are better known. iiii, 1 1: 1 !2111 11111 1111111111111l; 11111711111111111111111 IIIIIIII�111;roir� f 0 COIL'tftillp . f11 I! 1.WIATLYM-Yif WT - same way that cities and counties acros the Test of the state will be provided funding on a per capita basis, and are encouraged to work together to address expenses that cross jurisdictional lines, the 12 counties that received direct funding from Treasury based on the total number of residents in their counties (excluding those in the six largest cities) are expected to use their funds to address expenses incurred by incorporated areas with a population less than 500,000 that are located in those counties as well as the needs of residents in unincorporated areas of those counties. Each of the incorporated areas located in a county that received a direct How to Apply The Texas Division of Emergency Management (TDEM) will administer the reimbursement process for the CR.F. TDEM is partnering with Texas A,M. AgriLife Extension to provide individual assistance to each of you throughout the process, and that work is already underway. All of the information to kbuzi at the following website:,%N-,vw.tdem.texas.Lov/crf. Questions can also be emailed to TDEM at C1FQt1dem.texas.,1!0V. VTLWT all May 11, 2020 Page 3 Thank you again for your work on behalf of your residents. All Texans expect government to work in a unified fashion to address this unprecedented Mn,situatiand we will continue to do so. We understand there will be numerous questions, and we are committed to working through them with you. In the meantime, please refer to the TDEM website for guidance, ==-W 'wr n. Governor Greg Abbott Lt. Governor Dan Patrick Speaker Dennis Bonnen. Senator Jane Nelson Senator Juan Chuy Hinojosa Vicr,-Chair, Senate Finance Cowmdttee Representative Giovanni Capriglione Representative Oscar Longoria (',.,0C R 0 N AV R ll J S 1, E L 11161',.'" r F t N D (CRF) 11 D CN)� aNJ, a�) l� s I'EX AS DI`VIS h 0Ps l OF N,,.M N"i,G E�, IC Y I 1 1 2 About This Docurrent In this document, grantees will find the terms and conditions applicable to payments distributed in the 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Ace). These requirements are in addition to those that can be found within the Grant Management System -(GW�I�rh-q conditions may a!%*Ao-V1 Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas I L�M 2 made; and any applicable documents referenced in the documents listed above. S OT MIS grant agreement do not address a particular circumstance gexeral objeX ives, e.xpek?t4Y.s v:rf AurXtsesxf tkis gr-2xt 2gree:mext 3!xl iF. mil cl!ses, ?cc-ti-fingtz! its fair meanin; The sarties icknowledee thi jjc�, jig wd its co u T se 666,0""ii�rp-T' W�f Inim"Lijow, party shall not be employed in the interpretation of this grant agreement. Any vague, ambiguous or grant agreement. Tal' IIIc of Coirftervts AboutThis Document............................................................................................................................... 2 1 Grant Agreement Requirements and Conditions......................................................................................5 1.1 Applicability of Grant Agreement and Provisions.........................................................................5 1.2 Legal Authority to Apply..............................................................................................................5 1.3 Grant Acceptance..........................................................................................................................5 1.4 Project Period................................................................................................................................5 1.5 General Responsibility..................................................................................................................5 1.6 Amendments and Changes to the Grant Agreement................................................................... 6 1.7 Jurisdictional Cooperation............................................................................................................7 1.8 Public Information and Meetings.................................................................................................7 1.9 Remedies for Non-Compliance.....................................................................................................7 1.10 False Statements by Grantee........................................................................................................8 1.11 Conflict of Interest Safeguards......................................................................................................8 1.12 Fraud, Waste, and Abuse.............................................................................................................. 8 1.13 Termination of the Agreement.....................................................................................................9 1.14 Limitation of Liability.....................................................................................................................9 1.15 Dispute Resolution......................................................................................................................10 1.16 Liability for Taxes........................................................................................................................10 1.17 Required State Assurances.........................................................................................................10 1.18 System for Award Management (SAM) Requirements...............................................................10 1.19 No Obligation by Federal Government.......................................................................................11 1.20 Notice..........................................................................................................................................11 1.21 Force Majeure.............................................................................................................................11 1.22 Debt to State...............................................................................................................................11 1.23 Franchise Tax Certification..........................................................................................................11 1.24 Severability ..................................................................................................................................12 1.25 E-Verify........................................................................................................................................12 1.26 Compliance with Federal Law, Regulations, and Executive Orders............................................12 1.27 Clean Air Act................................................................................................................................12 1.28 Federal Water Pollution Control Act...........................................................................................12 1.29 Suspension and Debarment........................................................................................................12 1.30 Energy Conservation...................................................................................................................13 1.31 Procurement of Recovered Materials.........................................................................................13 1.32 Terminated Contracts.................................................................................................................13 2 Property and Procurement Requirements..............................................................................................13 2.1 Property Management and Inventory........................................................................................13 2.2 Consulting Contracts...................................................................................................................14 2.3 Procurement Practices and Policies............................................................................................14 2.4 Contract Provisions Under Federal Awards................................................................................14 3 Audit and Records Requirements............................................................................................................14 3.1 Cooperation with Monitoring, Audits, and Records Requirements...........................................14 3.2 Single Audit Requirements..........................................................................................................15 3.3 Requirement to Address Audit Findings ............................................... ....15 .................................. 3,$ Records Retention .......................................................................................................... ~----1S 4 Prohibited and Regulated Activities and Expenditures ........................................................................... 16 4.1 Prohibited Costs ~—'---.,----_--__.—'_—..--_.,.~.~..—.~.~.--~._~..16 4L2Political Activities ...... ................................................................................................................. 18 5i1Direct Deposit ............................................................................................................................. 17 5.2 Payments and Required Documentation .................................................................................... 17 5.3 Financial Reporting ..................................................................................................................... 17 5.4 Reimbursements ......................................................................................................................... t8 5.5 Refunds and Deductions .......................................................................... ,,.,,,,.~._^................. 18 5.6 Recapture of Funds— ...... ............................................................................... ........................... 18 5.7 Liquidation Period ...................................................................................................... ,............ Is 5J8Project Close Out ........................................................................................................................ a EXHIBIT A - State ofTexas Assurances ........................ .................................................................................... 19 15,51 1 1 pi ;lwGrarit Agreement Requirements and Conditions l",!,j,,,,,,,,2et),'( r, G 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. 2.2 1c uiAuthrwhy to Appy 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. '=rant Areptonc,�, The Notice of Subreciplent Grant Award remains an offer until the fully executed copy of this Grant Agreement is received by the Texas Division of Emergency Management (IDEM). 14 Prc, Funding has been authorized for eligible expenditures incurred between March 1,2020and 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. �_5 Gericra; 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, EM 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, S. 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: a �.w.p�a�.•,��g•«upir ,d:v"9"''t6r�&i�5� .Aa�. _. . �."�°.. � i.�`. t°. �•�'e. _'.l . 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. to the 6rar t .aareemerr': 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. „J l1ki�n > 1(,0 0 ra Nr�k� 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. and' N1 ethig�, 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. �' Ate;c�fe rrr$s ,'e 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 Gra nt Agreement; 9. Imposing a corrective action plan; 10. Withholding further awards; or 11. Taking other remedies or appropriate actions. The grantee costs resultingfrom 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".d0 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 defau It 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. .11 C:or�fJic�t of Interest Safequnrd:� 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. 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, 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 IDEM 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. TDEM may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty against TDEM, upon written notice to grantee. in the event grantee fails to perform or comply with an obligation or a term, condition or provision of this Grant Agreement, TDEM may, upon written notice to grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such notification of Termination for Cause will state the effective date of such termination, and if no effective date is specified, the effective date will be the date of the notification. TDEM and grantee may mutually agree to terminate this Grant Agreement. TDEM in its sole discretion will determine if, as part of the agreed termination, grantee is required to return any or all of the disbursed grant funds. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this Grant Agreement, including those remedies listed at 2 C.F.R. 200.207 and 2 C.F.R. 200.338 — 200.342. Following termination by TDEM, grantee shall continue to be obligated to TDEM for the return of grant funds in accordance with applicable provisions of this Grant Agreement. In the event of termination under this Section, TDEM's obligation to reimburse grantee is limited to allowable costs incurred and paid by the grantee prior to the effective date of termination, and any allowable costs determined by TDEM in its sole discretion to be reasonable and necessary to cost-effectively wind up the grant. Termination of this Grant Agreement for any reason or expiration of this Grant Agreement shall not release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated to survive any such termination orexpiration. 1-74 1-Wit[rlkop elf Liability TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND AGENCY, AND/OR THEIR OFFICERS, REGENTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT AND AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. The grantee agrees that no provision of this Grant Agreement is in anyway 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. U, J'1 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 orthe 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 forthe 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/orthe venue is improper. 1.16 liobiiity,for faxes 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. 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. 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 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 thatvendor. C. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and the grantee is in compliance with the State of Texas statutes and rules relating to procurement and that the grantee is not listed in the federal government's terrorism watch list as described in Executive Order 13224. 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. 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 a`orcrn M rjr;,er, Neither the grantee norTDEM 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 Sio'! 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 Farr r ilzifirotiors 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. 2-24 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. ,%25 F-Verif,, 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 �y,4Q,,,J), 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 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. J, i rai Wafer Polluf"aonontfolA .t 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. rsvension and Debarin„n' 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 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. 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. :�.J < roct�i°cc�rentuf f�ee�eotreted i"��cctri�rlr 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, 1..?2 r'° rminated 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 with held or return of grant funds required if this certification is inaccurate or false. '2 Property and Proctirennent, Requirements 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 the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property. This documentation must be maintained by the grantee, according to the requirements listed herein, and provided to TDEM upon request, if applicable. When original or replacement equipment acquired under this award by the grantee is no longer needed for the original project or program or for other activities currently or previously supported by the federal awarding agency or TDEM, the grantee must make proper disposition of the equipment pursuant to 2 CFR 200. The grantee will maintain specified equipment management and inventory procedures for equipment (including replacement equipment), whether acquired in whole or In part with grant funds, until disposition takes place, with a per-unit cost of $5,000 or greater. The equipment and inventory procedures include: A. The grantee must keep an inventory report on file containing equipment purchased with any grant funds during the grant period. The inventory report must agree with the approved grant budget and the final Financial Status Report and shall be available to TDEM at all times upon request. B. The grantee must maintain property/inventory records which, at minimum, include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price ofthe property. C. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to the equipment Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. 2.2 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. 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. 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. Atidit anid Records IIReqirmhrv�°u�m ":C,°JCf": All records and expenditures are subject to, and grantee agrees to comply with, monitoring and/or audits conducted bythe United States Department of Treasury's Inspector General (DOTIG), TDEM, and the State 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. .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 pp200, Subpart F —Audit Requirements, at ' f.,-Yl 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 ' , - r . : • -1--.1.,1, 1., __.1;.1-' , • ".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. 33 P4Peg„b'4':u CP Pfb 4"aa' APk h,', knP tinR: S 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. 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 retention value. 4 Pr dI fIhfted wrtxi Regifl at�"'�!d Act' fbes a 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 1U,.bVITws 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 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. Financial e ui em s A completed direct deposit form from the grantee must be provided to IDEM prior to receiving any payments. The direct deposit form is currently available at r ,/h . °. d 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 upto 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 Reportlnq 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. SA Re nI' 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 GrantAgreement. 5" HCd dJiC� ,, l,AB'�� I Pr; U SPC P l�irfn3 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. The discretionary right of TDEM to terminate for convenience under Section 1.13 notwithstanding, TDEM shall have the right to terminate the Grant Agreement and to recapture, and be reimbursed for any payments made by TDEM: (i) that are not allowed under applicable laws, rules, and regulations; or (ii) that are otherwise Inconsistent with this Grant Agreement, including any unapproved expenditures. 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. �:8 Proliect 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] EXPUBIT A - to of Texas Assurances As the duly authorized representative of Grantee, I certify that Grantee: I ° 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 contractorshall vote or confirm the employment of any person Tela thin 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 ° such person. This prohibition shall not prohibit the employment of a person who shall have been cxndinuously employed for a period of two yeam, 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 pe min in the prohibited degree. 2., Shall insure that all information collected, assembled, or nusintained by die 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 regularspecial, or called meetings of governmental bodies to be open to thepublic, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006, Texas Fanky 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, orpennit 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. & Slid] comply with WO rules adopted by the Texas Comn-dssion on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission an Law Enforcement that the agency is in the pmess of achieving compliance with such rules ifthe graidee 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 fore `pt of grant funds, Administering state agencies and grantmg shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications am mt. (See UGMS Section -36 for additional guidance on contractptovisions). 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law entbrcement authorities and to the Texas Department of Child Protective and Regulatory Services, Grantee shall also ensure that all para grainpers. onnel are properly trained and aware of this requirement 9. Shall comply with all federal statutes relating to nondiscrimination. These include but an not limited to: (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-452.1 which prohibits di tion on the basis of race, color, or national origin; (b) Title IX of the Education is of 1972,asamended (20U.S.C., §§168'1 -.1683, and 1685-1686), which prohibits discrbiriturtion onthe 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 American with Disabilities Act of 1990 including Titles 1,'11, and M ofthe Americans with Mability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public end private transportation systems, places of public acconmodation, and certain testing entities, 441,1°S° ° §§ 12101 12213; (d) the Age lei„ innination Act of 1974, as amended (42 U.&C° §§6101-6107):, which prohibits discrimination on the basis of age; (6) the Thug Abuse Office and Treaftnent Act of 197.2. (P°L. 92-255), as amended, relating to nondiscrimination on the basis ofd abuse; (f) the ConVret ensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Art of 1970 (P.L° 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§5.23 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §29 d_3 and 290 3), as amended, relating to confidentiality of alcohol and drug abuse patient nscords-; (h) Tide Vill of the Civil.Rights Act of 1968 (42 US.C. §§3601 etseq.), as amended, relating to nondiscrimination in the sidc, rental, or financing ofhousing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the Hain is of any other nondiscriminationstatute(s) which mayapply to this Grant 10. Shall comply, as applic4ble, with the provisions of the DaviswBacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C., §276cand IS U.&C. §874), andthe Contract Work Hours and SafetyStandards Act (40 U.S.C. §§327-333), regarding labor standards for fulually assisted construction subagreements, 11. Shall comply with PKirivements of the provisions of the Uniform Relocation Assists= and Real Property Acquisitions Act of 1970 (P.L, 91 646), wh"clap vide for fair and equitable treatment ofpersons displaced or who property is acquired as a. ultofFederal orfederWly asst sted-grains.These requirements applyto all Interests in real PVDPC* acquired ibrprqjcct purposes regardless ofFedend participation pn) in purchases.. 12. Shall comply with the provisions of the Hatch Political Activity Act (5 US.C° §§7321-29), which limit the political activity of employ= whose principal employment activities are funded in whole or in pan with Federal funds., 13. Shall comply with. the m.nimum wage mid maximum hours provisions ofthe Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. o g er 19 1I2 IEXHIBIT A 14. Shall insure that the facilities under its o-anership, lease, or supervision which shall be utilized in the accmnplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the pmject is under consideration for listing by the EPA (EO 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93234. 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 fbllowjng� (a) institution of env` ental quality control measures under the National Erivirownental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood ha7ads in floodplains in accordance with E0 11988, (e) assurance of project consistency vith the approved to management program developed under the Coastal Zone Management Act of 1972 (16 US.C. §§1451 et seq.); (0 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 at seq.); (g) protection of underground sourocs of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 43-523); and (h) protection of endanSe red species under the Endangered Species Act of 1973, as amended (P,L. 93-205)° 17. Shall comply with the Wild and Scenic Rivas Act of 1968 (16 U.S.C. §§1271 at seq.) related to protecting components or potential components of the national wild and scenic riven system. 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 US.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-I a seq.). 19. Shall comply with the laboratory Animal Welfare Act of 1966 (P.L89-W, as aniended, 7 US.C. §§2131 et seq.) which requires the minimum standards of care and treatinent for vertebrate animals bred for commercial sole, used in research, transported commercially, or exhibited to the public according to the Guide for Cam 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.&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 pmvision of services for children, 22. Shall comply with all federal tax laws aid are solely responsible for filing all required state and federal tax forms. 23. Shall comply with all applicable requirements of all otherSedend and state laws, executive orders, regulations, and policies governing this pmgrama 24. And its principals are eligible to participate and have not be= subjected to suspension, deb t, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal governinent's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at htips:/Iwww.sam.gov/poitaYpublic/SAA&, 25, Shall adopt and implement applicable provisions of the model HIV/AMS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, of seq. 26, Shall comply -with the Drug-Free Workplace Rules established by the Texas Worker's Compensation Commission effective April 17, 1991. EXHIBIT B — CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION am the County Judge, Mayor or City Manager of-�,„P ("County"/"Municipality"), and I certify that: 1. 1 have the authority on behalf of County/Municipality to request grant payments from the State of Texas ("State") for federal funds appropriated pursuant to section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020). 2. 1 understand that the State will rely on this certification as a material representation in making grant payments to the County/Municipality. 3. 1 acknowledge that County should keep records sufficient to demonstrate that the expenditure of funds it has received is in accordance with section 601(d) of the Social Security Act. 4. 1 acknowledge that all records and expenditures are subject to audit by the United States Department of Treasury's Inspector General, the Texas Division of Emergency Management, and the Texas State Auditor's Office, or designee. S. 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. 1 acknowledge and agree that County/Municipality shall be liable for any costs disallowed pursuant to financial or compliance audits of funds received. 7. 1 acknowledge that if County has not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the statute, those funds must be returned to the United States Department of the Treasury. 8. 1 acknowledge that the County/Municipality's proposed uses of the funds provided as grant payments from the State by federal appropriation under section 601 of the Social Security Act will be used only to cover those costs that: a. are necessary expenditures incurred due to the public health emergency and governor's disaster declaration on March 13, 2020 with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27, 2020, for County/Municipality; and c. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. In addition to each of the statements above, I acknowledge on submission of this certification that my jurisdiction has incurred eligible expenses between March 1, 2020 and the date noted below. EXHIBIT B ag(a 21 1 23 By: p'itw �m Signature:" Title: Via. .. ... .:°............................................. .............. . Date: EXHIBIT B ag(a 21 1 23 Certification for Contracts, Grants, Loans® and Cooperative Agreements The undersigned grantee, mcertifies® to the best of his or her knowledge that: included3, The undersigned shall require that the language of this certification be in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and rative agreements) and that all „ ; ..... certificationThis made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction disclosure,The grantee, certifies or affirms the truthfulness and accuracy of each statement of certification and Sec. 3801 etseq. apply to his certification and disclosure, if any. By:��,.,.rem��,� Signature: Title:...�.�m�4� Date: EXHIBIT C pa g e 22� 23 Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by them. State of Texas Assurances, hereinafter referred to as "Exhibit A" .... 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 Signature - r Title'... _.......... " ,. ,n....._......w Date: SIGNATURE PAGE I J 3 Coronavirus Relief Fund Frequently Asked Questions Updated as of May 4, 2020 The following answers to frequently asked questions supplement Treasury's Coronavirus Relief Fund ("Fund") Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020, ("Guidance").' Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). Eligible Expenditures Are governments required to submit proposed expenditures to Treasuryfor approval? No. Governments are responsible for making determinations as to what expenditures are necessary due to the public health emergency with respect to COVID-19 and do not need to submit any proposed expenditures to Treasury. The Guidance says that funding can be used to meet 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. How does a government determine whetherpayroll expenses for a given employee satisfy the "substantially dedicated" condition? The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by the COVID-19 public health emergency. For this reason, and as a matter of administrative convenience in light of the emergency nature of this program, a State, territorial, local, or Tribal government may presume that payroll costs for public health and public safety employees are payments for services substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. What would qualify as a "substantially different use "for purposes of the Fund eligibility? Costs incurred for a "substantially different use" include, but are not necessarily limited to, costs of personnel and services that were budgeted for in the most recently approved budget but which, due entirely to the COVID-19 public health emergency, have been diverted to substantially different functions. This would include, for example, the costs of redeploying corrections facility staff to enable compliance with COVID-19 public health precautions through work such as enhanced sanitation or enforcing social distancing measures; the costs of redeploying police to support management and enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to develop online learning capabilities, such as through providing information technology support that is not part of the staff or faculty's ordinary responsibilities. Note that a public function does not become a "substantially different use" merely because it is provided from a different location or through a different manner. For example, although developing online ' The Guidance is available at substantially different use of public funds than classroom instruction. Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would subject to recoupment by the Treasury Department if they have not been used in a manner consistent Wri section 601 (d) of the Social Security Act. May a unit of local government receiving a Fundpayment transferfunds to another unit of government? Yes. For example, a county may transfer funds to a city, town, or school district within the county and county or city may transfer funds to its State, provided that the transfer qualifies as a necessary It I MMUM I MIM, IV--tW-pDr-a-y&aWJ - "I , . 7111 revenue to cover expenditures that would not otherwise qualify as an eligible expenditure. Is a Fundpayment recipient required to transferfunds to a smaller, constituent unit of government within its borders? No. For example, a county recipient is not required to transfer funds to smaller cities within the county, borders. before using Fundpayments to satisfy eligible expenses? No. Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social Security Act outlined in the Guidance. Fund payments are not required to be used as the source of funding of last resort. FW -Mt lf-m4w expenditures for which they will receive reimbursement. E # 0 1 1 / I / "MMOM12MM, MUMMIMM Recipients will need to consider the applicable restrictions and limitations of such other sources of funding. In addition, 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 0 'suf ch State unemployment funds, are not eligible uses of Fund payments. tates tj To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the insurance fund as an employer. This will permit States to use Fund payments to prevent expenses rellat to the public health emergency from causing their state unemployment insurance funds to become insolvent. recipientsAre permitted to r;< payfor r ryment insurance costs incurred by the recz:pient as an employer? Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an employer r 1+le, as a reimbursing employer)1 to the COVE1)-1#public such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. several classes 1: employees whose,re "substantially dedicated to mitigatingor respondingo '. ♦ - f, . 1 1 ♦ + - ex?.n,71av i&oietalmsgs 1 `:11 1 w 1 r ► , w ► -zaes wt, -01'1e .. , +-: expenses under the Fund. These classes of employees include 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. Payroll and benefit costs associated with public employees who could have been furloughed or otherwise laid off but who were instead repurposed to perform previously unbtA'r_ -11 ;substantially 1 r w' 1 ► .'.'► to mitigating or to the COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and necessary to continue educational instruction 1; response to! (!.'+1 school closures.Please most recently approved as of March 27, 2020. .In some cases, flrst responders and crideal healthcare workers that contract C0117D-19 are eligible for workers'compensationcoverage. r ofthis expanded workers compensation cr r eligible?ge Increased workers compensation cost to the government due to the COVID- 19 public health emergency incurred during the period beginning 1 I and endingDecember +l 2020, is an eligible ..: ► l /i •I l'. /-11-- 1 r: 'ii , e r r XI rr or equipment but decides to continue to use the equipment or to renew the lease in order to respond to the public health emergency, are the costs associated with continuing to operate the equipment or the ongoing 'r rz s eligible expenses? Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section 601 (d) of the Social Security Act outlined in the Guidance, such expenses would be eligible. f r r r r r r f , ► _ ► 1 `. - ► r l r + . A: ri' ♦ 1 1 _ 1 w l r ' l . •: • l ,: w •. 1' w t. M . ►' ► +1 f I, ;r , `' - _.. +1 1 - A# 1 +'w 1,. L I w1 May Fundpayments be usedfor COVID-19public health emergency recoveryplanning? Yes. Expenses associated with conducting a recovery planning project or operating a recovery coordinationoffice would be i, r • ►, ► 1 1 • • - •• • in the Guidance. 'Tes, expenses associated with contract tracing are eligible. rI r AI expendituresnecessary 1 ► due to ':1 1 public health emergency,but 1' form such assistance• • take may differ.particular,:1 to private hospitals could form of a grant or a short-term loan. Maypaymentsfrom the Fund be / r governmentbenefilt rrrg, r ! / `r been laid ,! /COY -ID -19r , lost health insurance? Yes. To the extent that the relevant governinent official determines that these expenses are necessary and they meet the other requirements set forth in section 601 (d) of the Social Security Act outlined in the these expenses • `1recipientsi payments tofacilitatel by producers due to supply chaindisruptions? Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic support as a result of the COVID-1 9 health emergency. Wouldproviding a consumer grantprogram to prevent eviction and assist in preventing homelessness be /eligible/' assuming that the recipient considers thegrants COVID- 19 public health emergency and the grants meet the other requirements for the use of Fund payments under section 601 (d) of the Social Security Act outlined in the Guidance. As a general matter, providing assistance to recipients to enable them to meet property tax requirements• • not be eligibleof • but exceptionsbe made of designed to prevent fbrR,I�. it L gus are TWIT those employees whose work duties are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Xay recipients use Fundpaymentsto cover employmentand training r l !employees May recipients use Fundpayments to provide emergeneyfinancial assistance to individuals and families directly impacted by a loss of income due to the COPYD-19public health emergency? Yes, if a government determines such assistance to be a necessary expenditure. Such assistance could include. for example,%pungm-n-tf pppmmt ahf nw-wf w rey-t ir to avoid eviction or foreclosure or unforeseen financial costs fbz�- needs. Such assistance should be structured in a manner to ensure as much as possible, within the realm of what is administratively feasible, that such assistance is necessary. ■ Al. W M11141WIGN two _J,Q �k!fQL JL,JJ Zi. noI(IM to.11c the COVID- 19 public health emergency and meet the other criteria of section 601 (d) of the Social Security Act outlined in the Guidance. For example, if determined to be a necessary expenditure, a government could provide grants to individuals facing economic hardship to allow them to pay their utility fees and thereby continue to receive essential services. Could Fundpayments be usedfor capital improvement projects that broadly provide potential economic development in a community? In general, no. If capital improvement projects are not necessary expenditures incurred due to the COVID-1 9 public health emergency, then Fund payments may not be used for such projects. However, Fund payments may be used for the expenses of, for example, establishing temporary public medical facilities and other measures to increase COVID- 19 treatment capacity or improve initigation measures, including related construction costs. The Guidance includes workforce bonuses as an example of ineligible expenses butprovides that hazardpay would be eligible if othernise determined to be a necessary expense. Is there a specific deftion of "h1zardpay"7 Hazard pay means additional pay r hazardous duty or work involving physical hardship, in each case that is related to COVE)- 11,. The Guidance provides that ineligible expenditures include "[playroll or benefits expensesfor employees whose work duties are not substantially dedicated to midgafing or responding to the COVID-19 public health emergency. " Is this intended to relate only to public employees? Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A recipient would not be permitted to pay for payroll or benefit expenses of private employees and any fiN ancial assistance (such as grants or short-term loans) to private employers are not subject to the restriction that the private employers' employees must be substantially dedicated to gating or responding to the COVD)- 19 public health emergency. May counties pre -pay with CARES A ctfunds for expenses such as a on e or two-yearfacility lease, such as to house staff hired in response to COUD-19? doing so would not be consistent with its ordinary course 1hcies and procedures. VIMM 0 1 00 1 AW=- NQ 1 6 W I .X11 MMSY.111RI I 10) 0111 0 04 IWARAW 0 1 will I 1 0 1 4 1 Q-41 trim I rr IM TT n FRIP n" I � . OqP "MM TT " not used funds it has received to cover costs that were incurred by December 3A_10QAwq_wT W ,W - statute, those funds must be returned to the Department of the Treasury. What records must be kept by governments receivingpayment? A government should keep records sufficient to demonstrate that the amount of Fund payments to the government has been used in accordance with section 601 (d) of the Social Security Act May recipients deposit Fundpayments into interest bearing accounts? Yes, provided that if recipients separately invest amounts received from the Fund, they must use the "WIN 11 11 0 evimiukWares. Fu h—M rr g7tL MM71,M.4 11 1 11 t I , 0 "M 3-19MY MM771717rfrol by section 60 1 M.. the Social Security Act. What rules apply to the proceeds of l-:11 1/ or sale of assets acquired using paymentsfrom the Fund? If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by section 60 1 (d) of the Social Security Act. 0 Coronavirus Relief Guidance for State, Territorial, Local, and Tribal Governments April22, 202 _ 1 .,.. • + I _ .+'Ill 1 • . •... w . •,�+ • 1 ' '' ► -+ , .; . ''Ify-jili •... ;1 I UVRL, Ii ton I1- .1 fi • G ! f..• • - I ,' I. !. 1 9 1 •^. +! 1!1 I'.. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVD3-19); 2. were not accounted for in the budget most recently approved as of March 27, 2020 (die 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.' KUS on the permissible use of Fund payments. incurredThe 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 I1 respond to second -order e1 of the emergency, as by providing ec• • !!!i o 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 permissible use 1 Fund The statute o specifies that expenditures►'.. payments must be "necessary." 1 Department -1 payments.of the rent-x2�1-i azms225LEIT-4� intended use in the reasonable judgment of the government officials responsible for spending Fund 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 cost cannot lawfully be fianded usine a line item. allotment. or allocation withi aLb-q& 'L*,p See Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act. Yrom-an; e7p7moo, Tse UY-YI-Maym I. allotment, or allocation. The "rnost recently approved" budget refers to the enacted budget for the relevant fiscal period for the 1�21kul2T g'I'vem-r-ce-It, ixt* Yge.-awit nkstlyeat sy7p1meatLU a7,;tr*IcA&fi-irIs enact6f *r 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. I , I Nonexclusive examples of eligible expenditures 1. Medical expenses such as: COVID-19-related expenses of public hospitals, clinics, and similar facilities. Expenses of establishing tempormy public medical facilities and other measures to increas COVID- 19 treatment capacity, including related construction costs. Costs of providing COVID- 19 testing, including serologieal testing. Emergency medical response expenses, including emergency medical transportation, relat to COVID- 19. 1 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 disabties 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- 1 9 -related threats to public health and safety. Expenses for public safety measures undertaken in response to COVID- 19. Expenses for quarantining individuals. Payroll expenses for public safety, public health, health care, human services, and similar 19 1ublic health emergency, 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such 0q: 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 technolo-! ical improvements, in connection with school closings to enable compliance with COVID- 19 precautio Expenses to improve telework capabilities for public employees to enable compliance with COVID- 19 public health precautions. Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID- 19 public health precautions. COVID-1 9 -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 Y usiness 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 expenditures 2 The following is a list of examples of costs that would not be eligible expenditures of payments from the Fund, 1. Expenses for the to share of Medicaid.3 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 COV ID- 19 public health emergency. Gw7r, IWiFIJ4W4W101 �IA of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or would, as certified by a physician, place the woman in danger of death unless an abortion is performed. FuTthermore, 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, 'See 42 C.F.R. § 433.51 and 45 C.F.R. § 75.306. 4. Expenses have been or be reimbursed under 1 program, reimbursement by thefederal government pursuant A/' CARES Act ofcontributionsby States to State unemployment funds. -5. Reimbursement to donors for donated items or services, 1 Workforce bonuses other hazard pay or overtime. Severance7.