HomeMy WebLinkAboutResolution - 2020-R0191 - Coronavirus Relief Fund Program AgreementsResolution No. 2020-RO191
Item No. 8.15
June 9, 2020
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, Coronavirus Relief Fund (CRF) Program Agreements, and
all related documents, between the City of Lubbock and the following agencies:
1) Upbring, Inc. d/b/a Neighborhood House rent and utility assistance services, with
a projected allocation of $1,000,000.00; and
2) Market Lubbock, Inc, micro -grants to small businesses and independent
contractors, with a projected allocation of $1,000,000.00; and
3) Lubbock Housing Finance Corporation mortgage assistance services, with a
projected allocation of $500,000.00; and
4) YWCA of Lubbock for child care assistance services, with a projected allocation of
$500,000.00.
The City Manager is hereby authorized to re -allocate funding between and among the various
assistance programs, provided the total amount allocated to all programs does not exceed
$3,000,000.00.
Said Contracts are attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council on June 9, 2020
DANIEL M. POPE, MAYOR
ATTEST:
I
Rebeca Garza, City Secret a
AS TO CONTENT;
11 Howerrn, Assistant
APPROVED AS TO FORM:
Resolution No. 2020-RO191
CORONAVIRUS RELIEF FUND (CRF) FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK
AND
LUTHERAN SOCIAL SERVICES OF THE SOUTH, INC.
CRF RENT AND UTILITY ASSISTANCE
This Coronavirus Relief Fund (CRF) Funding Agreement (the "Agreement"), Contract No. 15358,
is made by and between the City of Lubbock, a State of Texas home rule municipal
corporation (the "City") and the Lutheran Social Services of the South, Inc. (the
"Grantee"), (each a "Party," and collectively the "Parties") acting by and through the
Parties' representative officers and officials, and is hereby entered into by the Parties on this
9th day of June, 2020 (the "Effective Date").
CRF PROGRAM SPECIFIC RECITALS
WHEREAS, pursuant to the Coronavirus Relief Fund Terms and Conditions, and as established
within section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid,
Relief, and Economic Security Act (the "CARES Act"), Coronavirus Relief Fund (CRF) Program
payments shall only be used to cover costs that:
a) are necessary expenditures incurred due to the public health emergency with respect to
the COVID-19 public health emergency; and
b) were not accounted for in the City of Lubbock's budget most recently approved as of
March 27, 2020 (the date of enactment of the CARES Act), meaning that either (a) the
cost cannot lawfully be funded using a line item, allotment, or allocation within that
budget or (b) the cost is for a substantially different use from any expected use of funds
in such a line item, allotment, or allocation; and
c) were incurred during the period that begins on March 1, 2020, and ends on December
30, 2020.
WHEREAS, the "most recently approved" budget refers to the City's enacted budget for the
relevant fiscal period, without taking into account subsequent supplemental appropriations enacted
or other budgetary adjustments made by the City in response to the COVID-19 public health
emergency;
WHEREAS, a cost is not considered to have been accounted for in the City's budget merely
because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve
account;
WHEREAS, CRF Program payments shall be used only for actions taken to respond to the
COVID-19 public health emergency, including expenditures incurred to respond to second -order
effects of the emergency, including providing economic support to those suffering from
employment or business interruptions due to COVID- I 9-related business closures;
WHEREAS, CRF Program payments shall not be used to fill shortfalls in government revenue to
cover expenditures that would not otherwise qualify under the statute;
WHEREAS, the City of Lubbock's CRF Programs are necessary to assist individuals and families
in recovering from the direct economic impact of the COVID-19 public health emergency, and
that the expenses funded by these Programs meet the requirements set forth in section 601(d) of
the Social Security Act, and are therefore eligible expenses;
WHEREAS, providing a consumer grant program to prevent eviction and to assist in preventing
homelessness are necessary expenses incurred due to the COVID-19 public health emergency; and
that such grants meet the other requirements for the use of Coronavirus Relief Fund payments
under section 601(d) of the Social Security Act;
WHEREAS, providing assistance to recipients solely to enable them to meet property tax
requirements is not an eligible use of CRF Program funds; however, exceptions may be made if
the assistance is designed to prevent foreclosures caused by a loss of income due to the COVID-
19 public health emergency;
WHEREAS, providing emergency financial assistance to small businesses, individuals and
families directly impacted by a loss of income due to the COVID-19 public health emergency is a
necessary expenditure, including programs to assist:
a) individuals with payment of overdue rent payments to avoid eviction or foreclosure;
b) individuals with payment of overdue mortgage payments to avoid eviction or
foreclosure;
c) individuals facing economic hardship to allow them to pay their utility fees and thereby
continue to receive essential services; provided that fund payments subsidize individual
account holders (and are not paid directly to a governmental entity as revenue
replacement, including the replacement of unpaid utility fees) and are necessary due to
the COVID-19 public health emergency;
d) individuals directly impacted by a loss of income due to the COVID-19 public health
emergency with emergency financial assistance in the form of child care vouchers;
e) small businesses and independent contractors to offset the costs of business interruption
caused by closures required by the COVID-19 public health emergency;
f) small businesses and independent contractors not subject to a "stay-at-home" order if
the business closed voluntarily to promote social distancing measures; and
g) small businesses and independent contractors not subject to a "stay-at-home" order if
the business closed due to decreased customer demand as a result of the COVID-19
public health emergency.
WHEREAS, the Grantee is obligated to do and perform certain services in its undertaking of a
Coronavirus Relief Fund (CRF) program pursuant to the Coronavirus Relief Fund Terms and
Conditions, promulgated by the Texas Division of Emergency Management; and
WHEREAS, the Grantee and the services it provides have been found to meet the criteria for
funding under provision of the Coronavirus Relief Fund Terms and Conditions, promulgated by
the Texas Division of Emergency Management.
GENERAL RECITALS
WHEREAS, the Grantee operates a non-profit center offering services to businesses, families,
and individuals throughout Lubbock County, Texas; and
WHEREAS, the Grantee proposes to use the funds in order to provide families assistance with
RENT AND/OR UTILITY expenses (the "Program"); and
WHEREAS, the Grantee's services benefit residents in and around Lubbock, Texas and constitute
a valuable public service, and the City Council of the City (the "City Council") has declared the
services provided by the City to be a public purpose; and
WHEREAS, the accomplishment of the above public purpose is the predominate purpose of this
Agreement; and
WHEREAS, the continuing supervision by the City and State together with statutory and
contractual requirements provide sufficient assurance that the public purpose of this Agreement
will be accomplished; and
WHEREAS, the City Council has found that the Grantee has the special expertise, knowledge,
and experience necessary for the operation of the Program; and, that the City will receive adequate
consideration in the form of substantial public benefit; and NOW, THEREFORE:
THE PARTIES, FOR GOOD AND VALUABLE CONSIDERATION, AGREE AS
FOLLOWS:
Article 1. SCOPE OF SERVICE
A. The City's Responsibilities
1. The City agrees to provide the Grantee with funding provided by the State of Texas
pursuant to the Coronavirus Relief Fund established within section 601 of the Social
Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act (the "CARES Act"), not to exceed the amount as stated in the attached
EXHIBIT A, to be distributed and used according to the provisions of this Agreement.
2. The Funding will be limited to the City's performance of the Program, including the
satisfaction of expenses incurred by the City in its performance of the Program.
3. The City's awarding of the Funding under this Agreement is contingent upon the City's
receipt of adequate funds to meet the City's liabilities under this Agreement. If adequate
funds are not made available to the City so that it cannot award the Funding, then the City
shall notify the Grantee in writing within a reasonable time after such fact is determined,
the City shall terminate this Agreement, and the City will not be directly or indirectly liable
for failure to award the Funding to the Grantee under this Agreement.
4. The City shall not be liable to the Grantee for any cost incurred by the Grantee which has
been paid to the Grantee, which is subject to be paid to the Grantee, which has been
reimbursed to the Grantee, or which is subject to reimbursement to the Grantee by any
source other than the City.
S. The City shall not be liable for any cost incurred by the Grantee which is not an allowable
cost as set forth in this Agreement or under the Coronavirus Relief Fund Terms and
Conditions.
6. The City shall not be liable to the Grantee for any cost incurred by the Grantee or for any
performance rendered by the Grantee which is not strictly in accordance with the terms of
this Agreement, including the Coronavirus Relief Fund Terms and Conditions.
7. The City shall not be liable to the Grantee for any cost incurred by the Grantee in the
performance of this Agreement which has not been billed to the City by the Grantee within
sixty (60) days following the termination of this Agreement.
8. The City shall not be liable for any cost incurred or performance rendered by the Grantee
before the commencement or after termination of this Agreement.
9. The City may, at its sole discretion and convenience, review any work specifications prior
to the beginning of procurement process under this Agreement, and the City may inspect
any construction for compliance with work specifications prior to the release of the
Funding.
B. The Grantee's Responsibilities
1. The Grantee will be responsible for administering the Program in a manner satisfactory to
the City and in compliance with this Agreement and with any and all statutory standards
related to the Funding.
2. The Grantee certifies that all of its activities carried out for the Program through the
Funding will satisfy the Coronavirus Relief Fund Terms and Conditions, which are
attached as EXHIBIT B and incorporated herein by reference. The Grantee agrees to repay
any and all of the Funding that does not satisfy the regulations required under this
provision.
3. The Grantee shall perform all activities related to the Program in accordance with its
budget; all applicable laws and regulations; and, with the assurance, certifications, and all
other terms, provisions, and requirements set forth in this Agreement.
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4. Upon the City's request, while this Agreement is in effect, the Grantee shall submit to the
City any and all reports, documents, or information on the Grantee's performance of the
Funding or the Program contemplated under this Agreement.
5. In addition to the limitations on liability otherwise specified in this Agreement, it is
expressly understood and agreed to by the Parties that if the Grantee fails to submit to the
City in a timely and satisfactory manner any reports, documents, or information requested
by the City under this Agreement, the City may, at its sole discretion, withhold all, or any
part of, the Funding. If the City withholds all, or any part of, the Funding, it shall notify
the Grantee in writing of its decision and the reasons therefor. Any Funding withheld
pursuant to this paragraph may be held by the City until such time as the obligations for
which the Funding is being withheld is fulfilled by the Grantee to the satisfaction of the
City.
6. The Grantee shall refund to the City any Funding that has been paid to the Grantee by the
City for which the City determines is a result of overpayment of the Funding to the Grantee,
or for which the City determines any of the Funding has not been spent by the Grantee
strictly in accordance with the terms of this Agreement. Such refund shall be made by the
Grantee to the City within thirty (30) working days after such refund is requested by the
City.
7. The Grantee will certify eligibility by completion of Self Certification form to verify
participant eligibility in the Program.
8. The Grantee agrees that any interests or assets obtained with the Funding shall revert back
to the City in the event that the Grantee dissolves, files for bankruptcy, or goes out of
business for any reason.
C. Performance Monitoring
1. General Monitoring. The City will monitor the Grantee's performance under this
Agreement in order to ensure that the Grantee complies with the terms of this Agreement
and all other applicable laws and regulations related to this Agreement and the Funding
provided through this Agreement (the "Monitoring"). The Monitoring will be based on a
risk analysis and a monitoring plan developed at the beginning of the contract term, and
will take place on a monthly and quarterly basis as described below. Substandard
performance as determined by the City will constitute non-compliance with this
Agreement. If action to correct such substandard performance is not taken by the Grantee
within a reasonable period of time after being notified by the Grantee in writing, the City
may suspend or terminate this Agreement.
2. On -site Monitoring. The number of on -site Monitoring visits will be determined by the
City. The City will send a Monitoring notification letter sent to the Grantee at least fifteen
(15) days before a Monitoring visit. The City must provide a written response to the
Monitoring report within thirty (30) days that describes how the City will resolve the issues
raised by the City in the Monitoring report. The Grantee must confirm receipt of the
Monitoring report within thirty (30) days if no actionable issues were identified in the
Monitoring report. The City reserves the right to conduct a spot check of Grantee's facility
where program takes place, at any given time without notice.
Article 2. TIME OF PERFORMANCE
Services of the Grantee shall start on June 9, 2020, and end on January 31, 2021 (the "Term")
for eligible expenses incurred during the period that begins on March 1, 2020, and ends on
December 30, 2020. The Tenn and the provisions of this Agreement shall be extended to cover
any additional time period during which the City remains in control of the Funding or other CRF
assets, including income from the Program. The end date for the Agreement may be extended by
the Parties, by mutual agreement, to permit for final reporting and close out.
Article 3. BUDGET
The Funding made available to the Grantee under this Agreement shall be specifically drawn from
the sources listed in this section (the "Budget"). The Funding made available to the Grantee under
this Agreement shall be drawn from several allocations by the State of Texas to the City, including
allocations which come in different fiscal years, as set forth in EXHIBIT A, and pursuant to the
Corona Relief Fund Terms and Conditions and the Coronavirus Relief Fund established within
section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief,
and Economic Security Act. The City reserves the right to reallocate funding between and among
the various CRF Programs, and all amounts shown for this Program described in EXHIBIT A are
subject to change.
Article 4. PAYMENT
A. The Payment
The Funding shall be disbursed on a monthly basis based on the Grantee's submission to the City
of a written request for reimbursement, with such request being in a form acceptable to the City
(the "Payment"). Expenses eligible for Payment to the Grantee by the City shall be those expenses
that have been incurred or paid for by the Grantee prior to the Grantee's submission to the City of
a request for Payment. In its request to the City for the Payment, the Grantee shall submit detailed
documentation to the City that clearly shows the source of the expenses incurred or paid for by the
Grantee that are the subject of the Grantee's request for Payment. Such source documentation
includes, but is not limited to, time sheets, paycheck stubs, receipts, invoices, billing statements,
or other verification in support of all expenditures incurred by the Grantee in its performance of
the Program.
B. Not To Exceed
The total amount of the Funding to be paid by the City under this Agreement shall not exceed the
amount as stated in the attached EXHIBIT A for the Project. Any drawdowns on the Payment
and any expenses for the general administration of the Program shall be made against the line item
budgets specified in this Agreement and in accordance with the Grantee's performance of
Program.
Article 5. GENERAL CONDITIONS
A. General Compliance
1. The Grantee agrees to comply with the requirements of the Corona Relief Fund Terms and
Conditions and the Coronavirus Relief Fund established within section 601 of the Social
Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act.
2. The Grantee also agrees to comply with all other applicable Federal, State and local laws,
regulations, and policies governing the Funding provided under this Agreement. The
Grantee further agrees to utilize the Funding under this agreement to supplement, rather
than supplant, funds otherwise available.
3. The Grantee shall comply with all applicable Federal laws, regulations, and requirements
and all provisions of this Agreement, which include compliance with the provisions of the
Coronavirus Relief Fund Terms and Conditions, and all rules, regulations, guidelines, and
circulars promulgated by the various State and Federal departments, agencies,
administrations, and commissions relating to the CRF Program.
B. "Independent Contractor"
Nothing contained in this Agreement is intended, or shall be construed in any manner, to create
or establish the relationship of employer and employee between the Parties. The Grantee shall
at all times remain an "independent contractor" with respect to the services to be performed
under this Agreement. The City shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life, medical insurance, and Workers' Compensation
insurance as the Grantee is an independent contractor.
C. Indemnity and Release
THE GRANTEE SHALL INDEMNIFY AND HOLD HARMLESS, TO THE
FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND THE CITY'S
RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND
AGENTS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS,
OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR
INDIRECTLY, OR ARE RELATED, IN ANY WAY, MANNER, OR FORM, TO
THE ACTIVITIES CONTEMPLATED HEREUNDER.
2. THE GRANTEE SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE
OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND OR AGENTS, AS
APPLICABLE, ALL ATTORNEYS' FEES INCURRED BY ENFORCING THE
GRANTEE'S INDEMNITY HEREIN.
3. THE GRANTEE, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED
OFFICIALS, AND AGENTS SHALL NOT BE LIABLE, AND THE GRANTEE
HEREBY RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS,
EMPLOYEES, ELECTED OFFICIALS, AND AGENTS, FOR, FROM, AND
AGAINST ANY LOSSES, DAMAGES, CLAIMS, OR LIABILITIES TO THE
GRANTEE.
4. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THIS
AGREEMENT.
D. Right to Exercise
The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief
in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration
process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth
herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of
any conflict between this provision and another provision in, or related to, this Agreement, the
former shall control.
E. Workers' Compensation
If applicable, the Grantee shall provide Workers' Compensation insurance coverage for all of
its employees involved in the performance of this Agreement.
F. Insurance and Bonding
The Grantee shall carry sufficient insurance coverage to protect Program assets from loss due
to theft, fraud, and/or or undue physical damage, and as a minimum, shall purchase a blanket
fidelity bond covering all employees in an amount equal to cash advances from the City.
G. Grantor Recognition
The Grantee shall insure recognition of the role of the grantor agency in providing services
through this Agreement. All activities, facilities, and items utilized pursuant to this Agreement
shall be prominently labeled as to the Funding source. In addition, the Grantee will include a
reference to the Funding in all publications made possible under this Agreement.
H. Amendments
1. The City or the Grantee may amend this Agreement at any time, provided that such
amendments make specific reference to this Agreement and are executed in writing, signed
by a duly authorized representative of both Parties. Such amendments shall neither
invalidate this Agreement nor relieve or release the City or the Grantee from its obligations
under this Agreement.
2. The City may, in its discretion, amend this Agreement to conform with Federal, State, or
local governmental guidelines, policies, and available funding amounts, or for any other
reason. If such amendments result in a change in the Funding, the scope of services, or the
schedule of the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both Parties.
I. Suspension or Termination
Either Party may terminate this Agreement by giving written notice to the other Party of
such termination, and specifying the effective date thereof, at least thirty (30) days before
the effective date of such termination. Partial termination of this Agreement may only be
undertaken with the prior approval of the City. In the event of any termination for
convenience, all finished or unfinished documents, data, studies, surveys, maps, models,
photographs, reports, or other materials prepared by the Grantee under this Agreement
shall, at the option of the City, become the property of the City, and the Grantee shall be
entitled to receive just and equitable compensation for any work completed on such
documents or materials prior to the termination.
2. The City may terminate this agreement if the Grantee fails to comply with any terms of
this Agreement, whole or in part which include (but are not limited to) the following:
a) Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statutes, regulations, executive orders and the Coronavirus Relief Fund Terms and
Conditions, as may become applicable at any time;
b) Failure, for any reason, of the Grantee to fulfil in a timely and proper manner its
obligations under this Agreement;
c) Ineffective or improper use of CRF funds provided under this agreement; or
d) Submission by the Grantee to the City of reports that are incorrect or incomplete in any
material respect.
3. The City may suspend or terminate this Agreement if the City reasonably believes that the
Grantee is in noncompliance with any requirement of this Agreement, then the City may
withhold up to fifteen percent (15%) of the Funding until such time as the Grantee is found
to be, or is otherwise adjudicated, to be in compliance.
4. The City may terminate this Agreement in the event of an emergency or disaster, whether,
an act of God, natural or manmade, by giving twenty-four (24) hour notice. The City may
give said notice verbally to the Grantee. Any expenditure incurred prior to receiving notice
will be reimbursed; however, in no event shall the City pay any expenses incurred after
notice of termination is received by the Grantee.
Article b. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards. The Grantee agrees to comply with the Coronavirus Relief Fund
Terms and Conditions, and agrees to adhere to the accounting principles and procedures
required therein, utilize adequate internal controls, and to maintain necessary source
documentation for all costs incurred under this Agreement.
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2. Cost Principles. To the extent that the Coronavirus Relief Fund Terms and Conditions do
not provide guidance or clarity, the Grantee shall administer its program in conformance
with the fiscal policies, practices, and directives of the City of Lubbock, which shall be
applied to all direct or indirect costs incurred by the Grantee under this Agreement.
B. Documentation and Record -Keeping
Records to be Maintained. The Grantee shall maintain all records required by the
Coronavirus Relief Fund Terms and Conditions that are pertinent to the activities to be
funded under this Agreement. Such records shall include but not be limited to:
a) Records demonstrating that each activity meets the CRF Program guidelines or
requirements;
b) Records required to determine the eligibility of activities;
c) Financial records;
2. Retention, The Grantee shall retain all financial records, supporting documents and all
records pertinent to the Agreement for a period of no less than five (5) years from the date
of the conclusion of this Program. Notwithstanding the above, if there is any litigation,
claim, audit, negotiation or other action that involves any of the records cited herein and
that has started before the expiration of the five (5) year period, then such records must be
retained until the completion of the actions and resolution of all issues, or the expiration of
the five (5) year period, whichever occurs later.
Client Data. The Grantee shall maintain client data that demonstrates its client eligibility
for the Funding and services provided under this Agreement. Such data shall include, but
not be limited to: client name or identifier; client address; client income level; age, gender,
race, ethnicity or other determination of client eligibility; and, a description of the service
provided to the client related to this Agreement. Such information shall be made available
to the City for review upon request.
4. Disclosure. The Grantee understands that client information collected under this
Agreement is private, and the use or disclosure of such information, when not directly
connected with the administration of the City or Grantee's responsibilities related to this
Agreement, is prohibited unless written consent is obtained from such client receiving
service(s) and in the case of a minor, that of a responsible parent or guardian, unless
otherwise required by law.
5. Close -Outs. The Grantee's obligation to the City under this Agreement shall not end until
all close-out requirements under this Agreement are completed pursuant to applicable
Federal regulations and law. Activities during this close-out period shall include, but are
not limited to: making final payments; disposing of Program assets (including the return of
all unused materials, equipment, unspent cash advances, Program income balances, and
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accounts receivable to the City); final close-out reports; and, determining the custodianship
of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in
effect during any period that the City has control of the CRF funds, including program
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6. Audits do Inspections. All of the Grantee's records related to this Agreement shall be made
available at any time during normal business hours as often as the City or its designee
deems necessary to monitor, audit (if required), examine, or make excerpts or transcripts
of any data relevant to this Agreement in order for the City to produce an audit report. Any
deficiencies noted in an audit report must be fully cleared by the Grantee within thirty (30)
days after receipt by the City. Failure of the Grantee to comply with the above audit
requirements will constitute a violation of this Agreement and may result in the
withholding of Funding. The Grantee hereby agrees to have an annual internal audit
conducted in accordance with current City policy concerning Grantee audits and, if
required, a regular audit under the Coronavirus Relief Fund Terms and Conditions.
C. Reporting and Payment Procedures
1. Payment Procedures. The City will pay to the Grantee Funds based upon information
submitted by the Grantee and consistent with any approved budget and City policy
concerning the Payments. Payment will be made for eligible expenses actually incurred by
the Grantee, and not to exceed actual cash requirements. Payments will be adjusted by the
City in accordance with advance fund and program income balances available in the
Grantee's accounts. In addition, the City reserves the right to liquidate any part of the
Funding for costs incurred by the City on behalf of the Grantee.
Performance and Financial Reports. Throughout the Term, the Grantee shall submit
monthly reports to the City, in a format, content and frequency as required by the City. A
monthly Performance Report, a Financial Report, and a narrative for the Grantee's Program
activity and shall include the amount of all of the Grantee's expenditures for each of its
Program activities. The Grantee shall submit such reports, demographics and narratives no
later than the tenth (101h) day of each month. The End of Year report is due no later than
October 10 following any fiscal year during which the Program remains in effect.
Reporting will continue from the start of Program activity through the end of the Program
year.
D. Procurement
Compliance. The Grantee shall comply with the Coronavirus Relief Fund Terms and
Conditions and the City's policies concerning the purchase of equipment and shall maintain
inventory records of all non -expendable personal property procured with CRF funds. All
Program assets purchased with Funding, including unexpended program income, property, or
equipment, shall revert to the City upon the termination of this Agreement.
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1. CRF Standards. Unless specified otherwise within this Agreement, the Grantee shall
procure all materials, property, or services in accordance with the requirements of the
Coronavirus Relief Fund Terms and Conditions and the policies of the City.
2. Travel. The Grantee shall obtain written approval from the City for any travel outside the
metropolitan area that is financed in any way through the Funding under this Agreement.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of the Coronavirus Relief Fund Terms and Conditions, as
applicable, which include but are not limited to the following:
1. Any Subrecipient used by the Grantee shall transfer to the Grantee all CRF funds on hand
and any accounts receivable attributable to the use of the Funding under this Agreement at
the time of expiration, cancellation, or termination of this Agreement.
2. In all cases in which equipment acquired, in whole or in part, with the CRF Funding under
this Agreement is sold, the proceeds shall be Program income to reflect the extent to that
funds received under this Agreement were used to acquire the equipment. Equipment not
needed by the Grantee for activities under this Agreement shall be (a) transferred to the
City for the CRF program, or (b) retained after compensating the City for an amount equal
to the current fair market value of the equipment less the percentage of any non-CRF funds
used to acquire the equipment.
Article 7. PERSONNEL & PARTICIPANT CONDITIONS
A. Compliance With Laws
1. Compliance. The Grantee agrees to comply, and to require its subcontractors to comply,
with the Coronavirus Relief Fund Terms and Conditions, and all federal, state, and local
laws, ordinances, executive orders, and declarations, including those related to:
a) non-discrimination in employment and contracting opportunities laws, regulations and
executive orders;
b) land covenants;
c) laws prohibiting discrimination against the individuals with disabilities or handicaps
under state or federal law;
d) maintenance of a report that documents the race and ethnicity of its employees; and
e) maintenance of current copies of its fair housing and equal opportunity policies.
B. Affirmative Action
Approved Plan. The Grantee agrees they shall be committed to carry out pursuant to the City's
specifications an Affirmative Action Program in keeping with the principles as provided in the
President's Executive Order 11246 of September 24, 1965. If the Grantee receives Federal
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funds through the City, then the Grantee shall be required to develop a written Affirmative
Action Program to insure that equal opportunity is provided in all aspects of its employment.
Women- and Minority -Owned Business (WIMBE). The Grantee will use its best efforts to
afford small businesses, minority- and women -owned business enterprises and women's
business enterprises the maximum practicable opportunity to participate in the performance
of this Agreement. The terms "small business" means a business that meets the criteria set
forth in section 3(a) of the Small Business Act, as amended (15 U.S.0 632), and "minority
and female business enterprise" means a business at least fifty-one percent (51 %) owned
and controlled by minority group members or women. For the purpose of the term
"minority group members" means Afro-Americans, Spanish-speaking, Spanish -surnamed
or Spanish -heritage Americans, Asian -Americans, and American Indians. The Gity
Grantee may rely on written representations by businesses regarding their status as
minority- and women -owned business enterprises in lieu of an independent investigation.
2. Access to Records. The City shall furnish and cause any Grantee or subcontractor to furnish
all information and reports required hereunder and will permit access to its books, records,
and accounts by the City, or its agent, or other authorized Federal officials for purposes of
investigation to ascertain compliance with the rules, regulations, and provisions stated
herein.
3. Notifications, The City will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a notice,
to be provided by the agency contracting officer, advising the labor union or worker's
representative of the City's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
4. Subcontract Provisions. The City will include the provisions of the Civil Rights and
Affirmative Action sections of this Agreement, in every subcontract or purchase order,
specifically or by reference, so that such provisions will be binding upon each Grantee or
subcontractor.
C. Employment Restrictions
1. Prohibited Activity. The Grantee is prohibited from using the Funding provided herein or
personnel employed in the administration of the Program for political activities, inherently
religious activities; sectarian activity, religious activity, lobbying, political patronage, or
nepotism.
2. Labor Standards. The Grantee agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract
Work Hours and Safety Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 327
et seq.) and all other applicable Federal, State, and local laws and regulations pertaining to
labor standards insofar as those acts apply to the performance of this Agreement. The
Grantee agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.)
and it's implementing regulations of the U.S. Department of Labor Act at 29 CFR Part 5.
13
The Grantee shall maintain documentation that demonstrates compliance with hour and
wage requirements of this part. Such documentation shall be made available to the City
for review upon request.
D. Assignability
The Grantee shall not assign or transfer any interest in this Agreement without the prior written
consent of the City. Claims for money due or to become due to the City from the Grantee under
this Agreement may be assigned to a bank, trust company, or other financial institution without
such approval. Notice of any such assignment or transfer shall be furnished promptly to the
City.
E. Subcontracts
1. Approvals. The Grantee shall not enter into any subcontracts with any agency or individual
in the performance of this Agreement without the written consent of the City prior to the
execution of such subcontract.
2. Monitoring. The City will monitor the performance of the Grantee. All subcontracted
services on a risk analysis basis to assure contract compliance. Results of monitoring
efforts shall be summarized in written reports and supported with documented evidence of
follow-up actions taken to correct areas of noncompliance. Substandard performance as
determined by the City will constitute noncompliance with this agreement. If action to
correct such substandard performance is not taken by the Grantee within a reasonable time
after being notified, Agreement suspension or termination will take place.
Content. The Grantee shall cause all of the provisions of this Agreement in its entirety to
be included in and made a part of any subcontract executed in the performance of this
Agreement.
4. Suspension and Debarment. The Grantee shall not enter into any subcontracts with an
agency, business, or individual that has been suspended, debarred, or otherwise excluded
from Federal grants. The Grantee shall maintain records demonstrating that it has reviewed
potential subcontractors against the debarred and excluded list prior to committing any of
the Funding to a subcontract.
F. Hatch Act
The Grantee agrees that no Funding or personnel employed under this Agreement shall be in
any way or to any extent engaged in the conduct of political activities in violation of Chapter
15 of Title V U.S.C.
G. Conflict of Interest
The Grantee agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include
but are not limited to:
14
1. The Grantee shall maintain a written code of conduct to govern the performance of its
officers, employees or agents engaged in the award and administration of contracts
supported by Federal funds.
2. No covered persons who exercise or have exercised any functions or responsibilities with
respect to the CRF Program, or who are in a position to participate in a decision -making
process or gain inside information with regard to such program activities, may obtain a
financial interest in any contract, or have a financial interest in any contract, subcontract,
or agreement with respect to the CRF Program, or with respect to the proceeds from the
CRF Program, either for themselves or those with whom they have business or immediate
family ties, during their tenure or for a period of one (1) year thereafter. For purposes of
this paragraph, a "covered person" includes any person who is an employee, agent,
consultant, officer, or elected or appointed official of the City, the Grantee, or any
designated public agency.
H. Lobbying
The Grantee hereby certifies that:
No CRF Program funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, any elected
official, any officer or employee of an elected official, or any employee of an elected
official in connection with the awarding of any CRF Program contract, the making of any
CRF Program grant, the making of any CRF Program loan, the entering into of any CRF
Program cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any CRF Program contract, grant, loan, or cooperative agreement;
2. If any funds other than CRF Program appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency,
any elected official, any officer or employee of an elected official, or any employee of an
elected official in connection with a CRF Program contract, grant, loan, or cooperative
agreement, it will notify the City of such payment(s).
3. It will require that this Agreement be included in the award documents for all subawards
at all tiers, including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements, and that all Subrecipients shall certify and disclose accordingly.
I. Copyright
If this Agreement results in any copyrightable material or inventions, the City reserves the right
to royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use
and to authorize others to use, the work or materials for government purposes.
J. Religious Organization
15
The Grantee agrees that the Funding provided under this Agreement will not be utilized for
religious activities, to promote religious interests, or for the benefit of a religious organization,
such as worship, religious instruction or proselytization.
Article 8. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.
Article 9. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
Article 10. WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right
to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
Article l 1. CHAPTER 2270, SUBTITLE F. TITLE 10, TEXAS GOVERNMENT CODE
The City warrants that it is in compliance with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying that it does not boycott Israel, and that it will not boycott Israel
during the term of this Agreement.
Article 12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties for the use of funds received
under this Agreement and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between the City and the Grantee, and any
Subrecipient, with respect to this Agreement.
IN WITNESS HEREOF, THE PARTIES HAVE EXECUTED AND ENTER INTO THIS AGREEMENT ON THE
EFFECTIVE DATE
[Execution Page to Follow]
16
DATE: June 9, 2020
FOR: THE CITY OF LUBBOCK
t"'- -
DANIEL M. POPE, MAYOR
ATTEST:
Rebec Garza, City Secretar
APPROVED AS TO CONTENT:
Karen Murfee, Community Development Director
APPROVED AS TO FORM:
17
DATE: J"'
'e �
FOR: Lutheran Social Services of the
South, Inc.
AdmdiX�
Michael Loo, CEO (Signature)
MC IC-1 f • L00
Michael Loo, CEO (Printed)
FED. Tax I.D. # 74-1109745
EXHIBIT A
Coronavirus Relief Fund (CRF) Rent and/or Utility Assistance Program
To: Lutheran Social Services of the South, Inc.
1212 13th St #102
Lubbock, TX 79401
Attn: Joy Loper, Program Director
From: City of Lubbock
1314 Avenue K
PO Box 2000
Lubbock, TX 79457
Attn: Karen Murfee, Director of Community Development
Re: Coronavirus Relief Fund (CRF)
Rent and/or Utility Assistance Program Agreement
Program Title and Administration
Lutheran Social Services of the South Plains, Inc.,(Grantee) will be responsible for
administering a Coronavirus Relief Fund (CRF) Program entitled the Rent and/or Utility
Assistance Program, pursuant to Coronavirus Relief Fund Terms and Conditions,
promulgated by the Texas Division of Emergency Management, and the Coronavirus Relief
Fund established within section 601 of the Social Security Act, as added by section 5001 of
the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act"), said Funding
to be distributed and used to provide Rent and/or Utility Assistance Program in according
to the provisions of this Agreement.
Budget
The budget for this program is $1,000,000.
Term
The term of this Agreement is from June 9, 2020 to December 31, 2020 for eligible expenses
incurred during the period that begins on March 1, 2020, and ends on December 31, 2020.
This program will assist individuals, who have been financially impacted by COVID-19,
with payment of overdue rent payments to avoid eviction or foreclosure.
This program will also assist individuals facing economic hardship to allow them to pay their
utility fees and thereby continue to receive essential services; provided that fund payments
subsidize individual account holders {and are not paid directly to a governmental entity as
revenue replacement, including the replacement of unpaid utility fees} and are necessary due to
the COVID-19 public health emergency.
Ineligible Expenditures
The following expenses are not eligible for payments from CRF Funds:
1. Expenses for the State share of Medicaid.
2. Damages covered by insurance.
3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated
to mitigating or responding to the COVID-19 public health emergency.
4. Expenses that have been or will be reimbursed under any federal program, such as the
reimbursement by the federal government pursuant to the CARES Act of contributions by
States to State unemployment funds.
5. Reimbursement to donors for donated items or services.
6. Workforce bonuses other than hazard pay or overtime.
7. Severance pay.
8. Legal settlements.
9. Pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be expended
for an .elective abortion or on research in which a human embryo is destroyed, discarded, or
knowingly subjected to risk of injury or death. The prohibition on payment for abortions does
not apply to an abortion if the pregnancy is the result of an act of rape or incest; or in the case
where a woman suffers from a physical disorder, physical injury, or physical illness,
including a life -endangering physical condition caused by or arising from the pregnancy
itself, that would, as certified by a physician, place the woman in danger of death unless an
abortion is performed. Furthermore, no government which receives payments from the Fund
may discriminate against a health care entity on the basis that the entity does not provide, pay
for, provide coverage of, or refer for abortions.
{
CORONAVIRUS RELIEF FUND (CRF)
TERMS AND CONDITIONS
TEXAS DIVISION OF EMERGENCY MANAGEMENT
MAY 11, 2020
. P a 1 1 23
EXHIBIT B
About This Document
In this document, grantees will find the terms and conditions applicable to payments distributed in the
form of grants to local units of governments from the Coronavirus Relief Fund established within section
601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act ("CARES Act").
These requirements are in addition to those that can be found within the Grant Management System
(GMS), to which grantees agreed to when accepting the grant. Other state and federal requirements and
conditions may apply to your grant, including but not limited to: 2 CFR Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas
Government Code; the Uniform Grant Management Standards (UGMS) developed by the Comptroller of
Public Accounts; the state Funding Announcement or Solicitation under which the grant application was
made; and any applicable documents referenced in the documents listed above.
To the extent the terms and conditions of this grant agreement do not address a particular circumstance
or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the
general objectives, expectations and purposes of this grant agreement and in all cases, according to its fair
meaning. The parties acknowledge that each party and its counsel have reviewed this grant agreement
and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting
party shall not be employed in the interpretation of this grant agreement. Any vague, ambiguous or
conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the
grant agreement.
Page 2 1 23
Table of Contents
GnmntA0reernentRe;miremwftsandOund---5
1.1
App|icabNMymfGrant Agreonnmfitand Pmo&;Wm---'_---_---_----'----..5
L3�tga|Aut
h arityt#Apply ............................................................................................................... 5
13
GrantAccmp\anmo--........... ............. ............................ ..... ___ ... ........ _,--.,..-.,..,.,.,5
1.4
PfmjertPeriod.,_....... _'_...... .............. _,~,,,__-__....... _................................ ....... _5
1.5
General ���po��|�|W�/..,.,.,...,.,..,.,.....,..,......,....,..,.,,.,..,..,.,...,.,,.,.,.,.,..,..,.,..,�
14
A,nwndmrwntsmod Changes to the Grant Agreement ...... ...... .................... -........ .............. -.6
1.7
JurlmM|ct|ona|Cnoporat|mn........... ......................... -......... ......... ............. ....... ....... .............
7
1.8
Pubk|nformmtion and Meetings -............. -----............. ____ ........ .................. .............
7
1.9
Memed iies for .--........... -........ ................. ........ .........................................
7
1.10
FmlsmStatwmmwnts. by Grantee ........................... ,-................... .... ............................. .-.---'-�
1.11
Conflict mf6ntmmost....... -........................................ ............. --...,..-,-.-....,.,.8
1,I2
pmmwd, Waste, and Abuse ... '............................................... ------,-.,-,,----.----,-�
1.13
Termination mVthe Agnmeawnt-...... ....... ....,........,.......... .......... -.-...-...,..,.,...,�
1.14
Ummftmfimmof LiabUky.................................... ................... ................................................ ..........
9
1.15
Dispute Rws»|uWn............... .,..................................................... ,........................................... -10
%-l6
UmhUhyfor Yawes.---'--__-'_....... ___ ... '..... ......... ---'-....... '.....................
20
1.17
Ne qv1red State Assurances ,.,-.,,,..,.,,,',,.,-,-.,--...... ............. ,.,.,,.,',,.,,',.,..,.,.,,.-...
%0
1.18
System for Award Management (SAKN) Requirements ..... -.--.--........... .-....... .............
10
1.19
Mo 0 bUgat ba by Federal Govern ment........................... ...................... ,...................................
11
1-20
Notice ............ -_---.......... _-........... ....................... --.......................... ---_........
11
1.21
Force Mmjoum....................... ..................................................................................................
11
1.22
Debt tpState ............ ............ ......... ...................... _......... ..................... .......................
11
1.24 Sevarability.. .......................... .......... ............... ___......... ........ ......... .......................... t2
1.25 E-Verify ............... .............. .... ............................................................ .................... _l2
1.26 Compliance with Federal Law, Regulations, and Executive Orden:.,-,---..--,..,.,.,.......,.12
1.27 Clean Air Act.---'_'-'----'' ..................... -__'__'--'-'_.................... -'12
1.28 peNwwa|Water Pollution Control Act......,.................... ---...... ...................................... 12
1.29 Suspension and Debarnment---.................................. --------................ -............. 12
1.30 Energy Cmnsenvmt|mn-............. ____ .......... ................... ............. ...... -....... ___ ................. %3
1.31 Pmocunwmmvntof Recovered Materials ... -.......... .......................... ............ .......... ----........ l3
1.32 Terminated Contracts .............. .................. -............... ................ ..................... ................. ..%3
21 Property Mpnage mentand |13
21 Consulting Contracts ... -----.--...... ........................... -_................................................ 14
2/4 Contract Prwislons Under Federal Awards ................................................. .......... ....... ......... 14
3.1 Coo peraVonwith Mon NwmWw&Aud iu,and Records Rwqwmomwents.......... .~~~'................ 14
3'2 SingleAudi, Requirements ............... ............................................ ......................... ............ '-''1-5
Pqge 3 123
3.4 RmcprdnRetention —~'~~~.......... -..................................... ................................................. 15
4,2 Prohibited ....... .......................... ......... ....... .......... ......................... —_16
4.2 PaVticNActvritks........ ............ ,',.--,-,.,.,.,.,.,.,.,.,.,...~~.,,,,',.~,.,,,,.,,,,,,,~,,.~,.,~,.,,,.,.16
5 F|non cia|Rmquhmmewts..... ................................................ —.... ....................... ........... '----'�7
5.1 D1f e# Dwp#mft .-,.,.,.~.,.,.,.—,.,.,...,.,.,.,.,.,,..,.,.,.,.,..,..,.,...,.,.,..,.,,.,..,..,..,.,.....,..17
S-2 Pmyrnen*$and RequkVd0mcumwentmt|.on..... ---................. —............ —.... ......... -,,',,,,.17
5`3 F|mandal Reporting ................. ....... ..-----.—.---.................. —.......... —................ _-17
5.4 Reim bursernents—,—..~................ —...................... ......................................................... 19
5.5 "rids and Dwe&ution*...................... .--_............. .—.--....... .................. —.---....... '19
5.6 Recapture mYFunds .................. ,.....................................
,.....—..,.....,.,-.,—...,—..,..,��
5.7 Liquidation Period ... ............................................................. '................................................... is
5.9 Pmo)m Close 0u%_—'....... ............................................................. ................. ................... is
EXHTSIT8—CARES ACT RELIEF FUND ELIGNBIUTY CERTIFICATION _—____....................
EX H|BJT C- REGARDING LOBBYImG.....~�~~.��~~�~~�~-�����~~2�
Page 4|23
1 Grant Agreement Requirements and Conditions
1.1 Applicability of Grant Agreement and Provisions
The Grant Agreement is subject to the additional terms, conditions, and requirements of other laws, rules,
regulations and plans recited herein and is intended to be the full and complete expression of and
constitutes the entire agreement between the parties hereto with respect to the subject matter hereof
and all prior and contemporaneous understandings, agreements, promises, representations, terms and
conditions, both oral and written, are superseded and replaced by this Grant Agreement.
Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations
pertaining to the grant close-out, cooperation and provision of additional information, return of grant
funds, audit rights, records retention, public information, and any other provision implying survivability
shall remain in effect after the expiration or termination of this Grant Agreement.
1.2 Legal Authority to Apply
The grantee certifies that it possesses legal authority to apply for the grant. A resolution, motion or similar
action has been or will be duly adopted or passed as an official act of the applicant's governing body,
authorizing the filing of the application, including all understandings and assurances contained therein,
and directing and authorizing the person identified as the official representative, or their designee of the
organization to act in connection with the application and to provide such additional information as may
be required.
1.3 Grant Acceptance
The Notice of Subrecipient Grant Award remains an offer until the fully executed copy of this Grant
Agreement is received by the Texas Division of Emergency Management (TDEM).
1.4 Project Period
Funding has been authorized for eligible expenditures incurred between March 1, 2020 and December 30,
2020. The specific performance period for this grant is listed on the Notice of Subrecipient Grant Award.
All expenditures must be incurred, and all services must be received within the performance period. TDEM
will not be obligated to reimburse expenses incurred after the performance period. A cost is incurred
when the responsible unit of government has expended funds to cover the cost.
1.5 General Responsibility
Per the CARES Act, CRF grant funds may only be used to cover expenses that —
1. are necessary expenditures incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19)
2. were not accounted for in the budget most recently approved as of March 27, 2020 for the
state orgovernrnent; 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,
5 1 23
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:
https://horne.t reasu ry.gov/system/files/136/Coro navirus-Rel ief-F u nd-G u ida nce-fo r-State-Territorial-Loca l-
a nd-Triba I -Governments. pdf
httos://home.treasury.gov/system/f iles136 Coronavirus-Relief-Fund-Fre uentl -Asked uestions. df
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 forthe integrityof the fiscal and programmatic management of the grant project;
accountability for all funds awarded; and compliance with TDEM administrative rules, policies and
procedures, and applicable federal and state laws and regulations.
The grantee will maintain an appropriate grant administration system to ensure that all terms, conditions
and specifications of the grant are met.
1.6 Amendments and Changes to the Gront Agreement
TDEM and the grantee may agree to make adjustments to the grant. Adjustments include, but are not
limited to, modifying the scope of the grant project, adding funds to previously un-awarded cost items or
categories changing funds in any awarded cost items or category, deobligating awarded funds or changing
grant officials.
The grantee has no right or entitlement to reimbursement with grant funds. TDEM and grantee agree that
any act, action or representation by either Party, their agents or employees that purports to waive or alter
the terms of the Grant Agreement or increase the maximum liability of TDEM is void unless a written
amendment to this Grant Agreement is first executed and documented in GMS. The grantee agrees that
nothing in this Grant Agreement will be interpreted to create an obligation or liability of TDEM in excess of
the "Maximum Liability of the TDEM" as set forth in the Notice of Subrecipient Grant Award.
Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in GMS
to be binding upon the Parties. Notwithstanding this requirement, it is understood and agreed by Parties
hereto, that changes in local, state and federal rules, regulations or laws applicable hereto, may occurduring
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.
Page 61 23
1.7 Jurisdictional Cooperation
A municipality may yield any portion of its allocated funds to the county within which it exists or a county
may yield any portion of its allocated funds to a municipality within its footprint for eligible expenses. This
may be accomplished in one of the following ways:
1. By a grant amendment, as described in section 1.6, where by funds are deobligated from the original
subrecipient and then added to previously un-awarded costs items or categories of the receiving
jurisdiction's grant award.
2. A subrecipient may use funds pursuant to this agreement to subcontract with another political
subdivision within its jurisdiction for eligible and necessary expenditures incurred due to the public
health emergency. The subrecipient is responsible for ensuring subcontractor eligibility and
maintaining all required documentation.
1.8 Public Information and Meetings
Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that
the State of Texas, TDEM, and this Grant Agreement are subject to the Texas Public Information Act, Texas
Government Code Chapter 552 (the "PIA"). The grantee acknowledges that TDEM will comply with the
PIA, as interpreted by judicial opinions and opinions of the Attorney General of the State ofTexas.
The grantee acknowledges that information created or exchanged in connection with this Grant
Agreement, including all reimbursement documentation submitted to TDEM, is subject to the PIA,
whether created or produced by the grantee or any third party, and the grantee agrees that information
not otherwise excepted from disclosure under the PIA, will be available in a format that is accessible by
the public at no additional charge to TDEM or State of Texas. The grantee will cooperate with TDEM in the
production of documents or information responsive to a request for information.
1.9 Remedies for Non -Compliance
If TDEM determines that the grantee materially fails to comply with any term of this grant agreement,
whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a
notice of award, or any other applicable requirement, TDEM, in its sole discretion may take actions
including:
1. Temporarily withholding cash payments pending correction of the deficiency or more severe
enforcement action by TDEM;
2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in
compliance;
3. Disallowing claims for reimbursement;
4. Wholly or partially suspending or terminating thisgrant;
5. Requiring return or offset of previous reimbursements;
6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs
administered by TDEM until repayment to TDEM is made and any other compliance or audit finding
is satisfactorily resolved;
7. Reducing the grant award maximum liability of TDEM;
8. Terminating this Grant Agreement;
9. Imposing a corrective action plan;
'age 7123
10. Withholding further awards; or
11. Taking other remedies or appropriate actions.
The grantee costs resulting from obligations incurred during a suspension or after termination of this grant
are not allowable unless TDEM expressly authorizes them in the notice of suspension or termination or
subsequently.
TDEM, at its sole discretion, may impose sanctions without first requiring a corrective action plan.
1.10 False Statements by Grantee
By acceptance of this grant agreement, the grantee makes all the statements, representations, warranties,
guarantees, certifications and affirmations included in this grant agreement. If applicable, the grantee will
comply with the requirements of 31 USC § 3729, which set forth that no grantee of federal payments shall
submit a false claim for payment.
If any of the statements, representations, certifications, affirmations, warranties, or guarantees are false
or if the grantee signs or executes the grant agreement with a false statement or it is subsequently
determined that the grantee has violated any of the statements, representations, warranties, guarantees,
certifications or affirmations included in this grant agreement, then TDEM may consider this act a possible
default under this grant agreement and may terminate or void this grant agreement for cause and pursue
other remedies available to TDEM under this grant agreement and applicable law. False statements or
claims made in connection with TDEM grants may result in fines, imprisonment, and debarment from
participating in federal grants or contract, and/or other remedy available by law, potentially including the
provisions of 38 USC §§ 3801-3812, which details the administrative remedies for false claims and
statements made.
1.11 Conflict of Interest Safeguards
The grantee will establish safeguards to prohibit its employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or personal gain,
whether for themselves or others, particularly those with whom they have family, business, or other ties.
The grantee will operate with complete independence and objectivity without actual, potential, or apparent
conflict of interest with respect to its performance under this Grant Agreement. The grantee certifies as to
its own organization, that to the best of their knowledge and belief, no member of The A&M System or The
A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by
a member of The A&M System, has direct or indirect financial interest in the award of this Grant Agreement,
or in the services to which this Grant Agreement relates, or in any of the profits, real or potential, thereof.
1.12 Fraud, Waste, and Abuse
The grantee understands that TDEM does not tolerate any type of fraud, waste, or misuse of funds
received from TDEM. TDEM's policy is to promote consistent, legal, and ethical organizational behavior,
by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, TDEM
policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. The
grantee understands and agrees that misuse of award funds may result in a range of penalties, including
suspension of current and future funds, suspension or debarment from federal and state grants,
recoupment of monies provided under an award, and civil and/or criminal penalties.
In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds
received from TDEM that is made against the grantee, the grantee is required to immediately notify TDEM
of said allegation or finding and to continue to inform TDEM of the status of any such on -going
investigations. The grantee must also promptly refer to TDEM any credible evidence that a principal,
Page 8 1 23
employee, agent, grantee, contractor, subcontractor, or other person has -- (1) submitted a claim for
award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving award funds.
Grantees must also immediately notify TDEM in writing of any misappropriation of funds, fraud, theft,
embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant
requirements. Grantees must notify the local prosecutor's office of any possible criminal violations.
Grantees must immediately notify TDEM in writing if a project or project personnel become involved in
any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand,
notices, subpoenas, lawsuits, or indictments to TDEM.
1.13 Termination of the Agreement
TDEM may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty
against TDEM, upon written notice to grantee. In the event grantee fails to perform or comply with an
obligation or a term, condition or provision of this Grant Agreement, TDEM may, upon written notice to
grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such
notification of Termination for Cause will state the effective date of such termination, and if no effective
date is specified, the effective date will be the date of the notification.
TDEM and grantee may mutually agree to terminate this Grant Agreement. TDEM in its sole discretion will
determine if, as part of the agreed termination, grantee is required to return any or all of the disbursed
grant funds.
Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided
in equity, by law, or under this Grant Agreement, including those remedies listed at 2 C.F.R. 200.207 and
2 C.F.R. 200.338 — 200.342. Following termination by TDEM, grantee shall continue to be obligated to
TDEM for the return of grant funds in accordance with applicable provisions of this Grant Agreement. In
the event of termination underthis Section, TDEM's obligation to reimburse grantee is limited to allowable
costs incurred and paid by the grantee prior to the effective date of termination, and any allowable costs
determined by TDEM in its sole discretion to be reasonable and necessary to cost-effectively wind up the
grant. Termination of this Grant Agreement for any reason or expiration of this Grant Agreement shall not
release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated
to survive any such termination orexpiration.
1.14 Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE
STATE OF TEXAS AND AGENCY, AND/OR THEIR OFFICERS, REGENTS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, ANWOR 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 SI1CH CLAIM.
The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver
by TDEM as an agency of the State of Texas, its officers, regents, employees, agents, or contractors or the
State of Texas of any privileges, rights, defenses, remedies, or immunities from suit and liability that TDEM
or the State of Texas may have by operation of law.
"age9123
1.15 Dispute Resolution
The Parties' representatives will meet as needed to implement the terms of this Grant Agreement and will
make a good faith attempt to informally resolve any disputes.
Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise requested or
approved in writing by TDEM, the grantee shall continue performance and shall not be excused from
performance during the period any breach of Grant Agreement claim or dispute is pending.
The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules
adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TDEM and grantee to
attempt to resolve any claim for breach of contract made by the grantee that cannot be resolved in the
ordinary course of business. Grantee shall submit written notice of a claim of breach of contract under this
Chapter to the Chief of TDEM, who shall examine the grantee's claim and any counterclaim and negotiate
with grantee in an effort to resolve the claim.
The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to this
Grant Agreement, without regard to any otherwise applicable conflict of law rules or requirements. Venue
for any grantee -initiated action, suit, litigation or other proceeding arising out of or in any way relating to
this Grant Agreement shall be commenced exclusively in the Travis County District Court 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 for the purpose of prosecuting and/or defending such litigation. The grantee herebywaives
and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any
claim that the grantee is not personally subject to the jurisdiction of the above -named courts; the suit, action
or proceeding is brought in an inconvenient forum; and/or the venue is improper.
1.16 Liability for Taxes
The grantee agrees and acknowledges that grantee is an independent contractor and shall be entirely
responsible for the liability and payment of grantee's and grantee's employees' taxes of whatever kind,
arising out of the performances in this Grant Agreement. The grantee agrees to comply with all state and
federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers'
compensation. TDEM and/or the State of Texas shall not be liable to the grantee, its employees, agents, or
others for the payment of taxes or the provision of unemployment insurance and/or workers' compensation
or any benefit available to a state employee or employee of TDEM.
1.17 Required State Assurances
The grantee must comply with the applicable State Assurances included within the State Uniform Grant
Management Standards (UGMS), Section 111, Subpart B, _.14, which are attached hereto and incorporated
for all purposes as Exhibit A.
1.18 System for Award Management (SAM) Requirements
A. The grantee agrees to comply with applicable requirements regarding registration with the System for
Award Management (SAM) (or with a successor government -wide system officially designated by OMB
and, if applicable, the federal funding agency). These requirements include maintaining current
registrations and the currency of the information in SAM. The grantee will review and update
information at least annually until submission of the final financial report required under the award or
Page 10 123
receipt of final payment, whichever is later,as required by 2 CFR Part 25.
The grantee will comply with Executive Orders 12549 and 12689 that requires "a contract award (see
2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System
for Award Management (SAM)", in accordance with the OMS 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 Order13224.
1.19 No Obligation by Federal Government
The Parties acknowledge and agree that the federal government is not a party to this Grant Agreement
and is not subject to any obligations or liabilities to either Party, third party or subcontractor pertaining to
any matter resulting from this Grant Agreement.
1.20 Notice
Notice may be given to the grantee via GMS, email, hand -delivery, or United States Mail. Notices to the
grantee will be sent to the name and address supplied by grantee in GMS.
1.21 Force Majeure
Neither the grantee 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 ads of God, including but not limited to strikes, lockouts or labor shortages,
embargo, riot, war, revolution, terrorism, rebellion, insurrection, pandemic, flood, natural disaster, or
interruption of utilities from external causes. Each Party must inform the other in writing, with proof of
receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right
as a defense.
1.22 Debt to State
The grantee certifies, to the extent grantee owes any debt (child support or other obligation) or delinquent
taxes to the State of Texas, any payments grantee is owed under this Grant Agreement may be applied by
the Comptroller of Public Accounts toward any such debt or delinquent taxes until such debt or delinquent
taxes are paid in full.
1.23 Franchise Tax Certification
If grantee is a taxable entity subject to the Texas Franchise Tax (Chapter 171, Texas Tax Code), then grantee
certifies that it is not currently delinquent in the payment of any franchise (margin) taxes or that grantee is
exempt from the payment of franchise (margin) taxes.
Rage 11 1 23
1.24 Severability
If any provisions of this Grant Agreement are rendered or declared illegal for any reason, or shall be invalid
or unenforceable, such provision shall be modified or deleted in such manner so as to afford the Party for
whose benefit it was intended the fullest benefit commensurate with making this Grant Agreement, as
modified, enforceable, and the remainder of this Grant Agreement and the application of such provision
to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent
permitted by applicable law.
1.25 E-Verify
By entering into this Grant Agreement, grantee certifies and ensures that it utilizes and will continue to
utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's e-Verify system
to determine the eligibility of (a) all persons employed during the contract term to perform duties within
Texas; and (b) all persons (including subcontractors) assigned by the grantee pursuant to the Grant
Agreement.
1.26 Compliance with Federal Law, Regulations, and Executive Orders
Grantee acknowledges that federal financial assistance funds will be used to fund the Grant Agreement.
Grantee will comply with all applicable federal law, regulations, executive orders, policies, procedures, and
directives.
1.27 Clean Air Act
The following is only applicable if the amount of the contract exceeds $150,000.
a. Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in
turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c, Grantee agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with federal assistance provided by this Grant Agreement.
1.28 Federal Water Pollution Control Act
a. Grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in
turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. Grantee agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with federal assistance provided by this Grant Agreement.
1.29 Suspension and Debarment
a. This Grant Agreement is a covered transaction for purposes of 2 C.F.R. pt 180 and 2 C.F.R. pt.
3000. Grantee certifies that grantee, grantee's principals (defined at 2C.F.R. Sec. 180.995), or its
Page 12 1 23
affiliates (defined at 2 C.F.R. Sec. 180.905) are excluded (defined at 2 C.F.R. Sec. 180.940) or
disqualified (defined at 2 C.F.R. Sec. 180.935).
b. Grantee must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must
include a requirement comply with these regulations in any lower tier covered transaction it
enters into.
c. This certification is a material representation of fact relied upon by TDEM. If it is later determined
that grantee did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, in addition to
remedies available to TDEM, the Federal Government may pursue available remedies, including
but limited to suspension and/or debarment.
1.30 Energy Conservation
If applicable, grantee agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act.
1.31 Procurement of Recovered Materials
a. In the performance of this Grant Agreement, grantee shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot be
acquired —
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
b. Information about this requirement, along with the list of EPA -designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.eov/smm/comprehensive-procurement-guideline-cpp-program.
1.32 Terminated Contracts
The grantee has not had a contract terminated or been denied the renewal of any contract for
noncompliance with policies or regulations of any state or federally funded program within the past five (5)
years nor is it currently prohibited from contracting with a governmental agency. If the grantee does have
such a terminated contract, the grantee shall identify the contract and provide an explanation for the
termination. The grantee acknowledges that this Grant Agreement may be terminated and payment withheld
or return of grant funds required if this certification is inaccurate or false.
2 Property and Procurement Requirements
2.1 Property Management and Inventory
The grantee must ensure equipment purchased with grant funds is used for the purpose of the grant and
as approved by TDEM. The grantee must develop and implement a control system to prevent loss, damage
or theft of property and investigate and document any loss, damage or theft of property funded under
this Grant.
The grantee must account for any real and personal property acquired with grant funds or received from
Pace 131 23
the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property
trust relationship and 200.329 Reporting on real property. This documentation must be maintained by the
grantee, according to the requirements listed herein, and provided to TDEM upon request, if applicable.
When original or replacement equipment acquired under this award by the grantee is no longer needed
for the original project or program or for other activities currently or previously supported by the federal
awarding agency or TDEM, the grantee must make proper disposition of the equipment pursuant to 2 CFR
200.
The grantee will maintain specified equipment management and inventory procedures for equipment
(including replacement equipment), whether acquired in whole or in part with grant funds, until
disposition takes place, with a per -unit cost of $5,000 or greater. The equipment and inventory procedures
include:
A. The grantee must keep an inventory report on file containing equipment purchased with any grant
funds during the grant period. The inventory report must agree with the approved grant budget
and the final Financial Status Report and shall be available to TDEM at all times upon request.
B. The grantee must maintain property/inventory records which, at minimum, include a description
of the property, a serial number or other identification number, the source of property, who holds
title, the acquisition date, the cost of the property, the percentage of Federal participation in the
cost of the property, the location, use and condition of the property, and any ultimate disposition
data including the date of disposal and sale price ofthe property.
C. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to
the equipment Exceptions to this requirement are limited to items where placing of the marking
is not possible due to the nature of the equipment.
2.2 Consulting Contracts
Pre -approval of costs related to consulting contracts is required and the value of consulting contracts
entered into by the grantee may not exceed 5% of the total funds received by the local unit of government.
2.3 Procurement Practices and Policies
The grantee must follow applicable federal and state law, federal procurement standards specified in
regulations governing federal awards to non-federal entities, their established policy, and best practices for
procuring goods or services with grant funds. Procurement activities must follow the most restrictive of
federal, state and local procurement regulations. Contracts must be routinely monitored for delivery of
services or goods.
2.4 Contract Provisions Under Federal Awards
All contracts made by a grantee under a federal award must contain the provisions outlined in 2 CFR 200
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
Appendix II to Part 200 Contract Provisions for Non -Federal Entity Contracts Under Federal Awards.
3 Audit and Records Requirements
3.1 Cooperation with Monitoring, Audits, and Records Requirements
All records and expenditures are subject to, and grantee agrees to comply with, monitoring and/or audits
conducted by the United States Department of Treasury's Inspector General (DOTIG), TDEM, and the State
' c. u - 14 1 23
Auditors Office (SAO) or designee. The grantee shall maintain under GAAP or GASB, adequate records that
enable DOTIG, TDEM, and SAO to ensure proper accounting for all costs and performances related to this
GrantAgreement.
3.2 Single Audit Requirements
Any grantee expending $750,000 or more in federal funds in a fiscal year may be subject to Single Audit
Requirements in 2 CFR, Part 200, Subpart F — Audit Requirements, at https://www.ecfr.gov/cizi-bin/text_-
idx?tol=/ecfrbrowse/Title02/2cfr200 main 02.tpl.
The grantees expending more than $750,000 in state funds in a fiscal year are subject to the requirements
in the Texas Single Audit Circular, at https://comptroller,texas.eov/purchasingZdocs/ugms_pdf.The audit
must be completed and the data collection and reporting package described in 2 CFR 200.512 must be
submitted to the Federal Audit Clearinghouse (FAC) within 30 calendar days after receipt of the auditor's
report(s), or nine months after the end of the audit period, whichever is earlier.
3.3 Requirement to Address Audit Findings
If any audit, monitoring, investigations, review of awards, or other compliance review reveals any
discrepancies, inadequacies, or deficiencies which are necessary to correct in order to maintain
compliance with this Grant Agreement, applicable laws, regulations, or the grantee's obligations
hereunder, the grantee agrees to propose and submit to TDEM a corrective action plan to correct such
discrepancies or inadequacies within thirty (30) calendar days after the grantee's receipt of the findings.
The grantee's corrective action plan is subject to the approval ofTDEM.
The grantee understands and agrees that the grantee must make every effort to address and resolve all
outstanding issues, findings, or actions identified by DOTIG, TDEM, or SAO through the corrective action
plan or any other corrective plan. Failure to promptly and adequately address these findings may result in
grant funds being withheld, other related requirements being imposed, or other sanctions and penalties.
The grantee agrees to complete any corrective action approved by TDEM within the time period specified
by TDEM and to the satisfaction of TDEM, at the sole cost of the grantee. The grantee shall provide to
TDEM periodic status reports regarding the grantee's resolution of any audit, corrective action plan, or
other compliance activity for which the grantee is responsible.
3.4 Records Retention
A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures of
grant funds, reporting measures, and funds received from TDEM under this Grant Agreement. Audit
trails maintained by the grantee will, at a minimum, identify the supporting documentation prepared
by the grantee to permit an audit of its accounting systems and payment verification with respect to
the expenditure of any funds awarded under this Grant Agreement.
B. The grantee must maintain fiscal records and supporting documentation for all expenditures
resulting from this Grant Agreement pursuant to 2 CFR 200.333 and state law.
1. The grantee must retain these records and any supporting documentation for a minimum of
seven (7) years from the later of the completion of this project's public objective, submission of
the final expenditure report, any litigation, dispute, or audit.
2. Records related to real property and equipment acquired with grant funds shall be retained for
seven (7) years after final disposition.
3. TDEM may direct a grantee to retain documents for longer periods of time or to transfer certain
records to TDEM or federal custody when it is determined that the records possess long term
F-3q, 15 1 23
retentionvalue.
4 Prohibited and Regulated Activities and Expenditures
4.1 Prohibited Costs
A. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Revenue replacement is not a permissible use of these grant
funds. In accordance with Section 3.1 all record and expenditures are subject to review.
B. Damages covered by insurance.
C. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.
D. Duplication of benefits including expenses that have been or will be reimbursed under any other
federal program.
E. Reimbursement to donors for donated items or services.
F. Workforce bonuses other than hazard pay or overtime.
G. Severance pay.
H. Legal settlements.
4.2 Political Activities
Grant funds may not be used in connection with the following acts by agencies or individuals employed by
grant funds:
A. Unless specifically authorized to do so by federal law, grant recipients or their grantees or
contractors are prohibited from using grant funds directly or indirectly for political purposes,
including lobbying or advocating for legislative programs or changes; campaigning for, endorsing,
contributing to, or otherwise supporting political candidates or parties; and voter registration or
get -out -the -vote campaigns. Generally, organizations or entities which receive federal funds by
way of grants, contracts, or cooperative agreements do not lose their rights as organizations to
use their own, private, non-federal resources for "political' activities because of or as a
consequence of receiving such federal funds. These recipient organizations must thus use private
or other non-federal money, receipts, contributions, or dues for their political activities, and may
not charge off to or be reimbursed from federal contracts or grants for the costs of such activities.
B. Grant officials or grant funded employees may not use official authority or influence or permit the
use of a program administered by the grantee agency of which the person is an officer or employee
to interfere with or affect the result of an election or nomination of a candidate or to achieve any
other political purpose.
C. Grant -funded employees may not coerce, attempt to coerce, command, restrict, attempt to
restrict, or prevent the payment, loan, or contribution of anything of value to a person or political
organization for a political purpose.
D. Grant funds may not be used to employ, as a regular full-time or part-time or contract employee,
a person who is required by Chapter 305 of the Government Code to register as a lobbyist.
Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or
employee of the agency, membership dues to an organization that pays part or all of the salary of
Page 16 1 23
a person who is required by Chapter 305 of the Government Code to register as a lobbyist.
E. As applicable, the grantee and each contracting tier will comply with 31 USC § 1352, which
provides that none of the funds provided under an award may be expended by the grantee to pay
any person to influence, or attempt to influence an officer or employee of any agency, a Member
of Congress, an officer of employee of Congress, or an employee of a Member of Congress in
connection with any Federal action concerning the award or renewal. Grantee shall file the
required certification attached hereto and incorporated for all purposes as Exhibit F. Each
contracting tier shall also disclose any lobbying with non-federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
5 Financial Requirements
5.1 Direct Deposit
A completed direct deposit form from the grantee must be provided to TDEM prior to receiving any
payments. The direct deposit form is currently available at htt2s://Rrants.tdem.texa5.8ov(.
5.2 Payments and Required Documentation
Funding for this Grant Agreement is appropriated under the Coronavirus Aid, Relief, and Economic Security
Act, 2020 (Public Law 116-136) enacted on March 27, 2020, as amended, to facilitate protective measures
for and recoveryfrom the public health emergency in areas affected by COVID-19, which are Presidentially -
declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.). All expenditures under this Grant Agreement must be made in
accordance with this Grant Agreement and any other applicable laws, rules or regulations. Further, grantee
acknowledges that all funds are subject to recapture and repayment for non-compliance pursuant to
Section 5.7 below.
Payment of funds on projects may be initiated by the grantee through a Request for Reimbursement
(RFR) in GMS.
Grantee may initiate an Advance of Funds Request (AFR) through GMS for an initial cash advance to cover
actual costs incurred or up to 20% of their total allocation, whichever is larger.
Additional advances or reimbursement requests may be requested following full reporting to TDEM of
expenses incurred and applied against the initial and/or any subsequent advance payments.
If sufficient progress is not made towards expenditure of advanced funds and/or the grantee fails to meet
financial reporting obligations, TDEM may implement sanctions as necessary up to and including grant
termination.
All documentation for expenditures paid during the project period must be submitted to TDEM on or
before the grant liquidation date.
5.3 Financial Reporting
Financial reports must be submitted to TDEM on a quarterly basis via GMS but can be submitted more
often as necessary to draw down funds.
The final financial report must be submitted to TDEM on or before the grant liquidation date or the grant
funds may lapse and TDEM will provide them as grants to other eligible jurisdictions.
❑ e 17 i 23
5.4 Reimbursements
TDEM will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable
costs incurred and paid by the grantee pursuant to this Grant Agreement. TDEM is not obligated to pay
unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the
commencement or after the termination of this GrantAgreement.
5.5 Refunds and Deductions
If TDEM determines that the grantee has been overpaid any grant funds under this Grant Agreement,
including payments made inadvertently or payments made but later determined to not be actual and
allowable allocable costs, the grantee shall return to TDEM the amount identified by TDEM as an
overpayment. The grantee shall refund any overpayment to TDEM within thirty (30) calendar days of the
receipt of the notice of the overpayment from TDEM unless an alternate payment plan is specified by TDEM.
Refunds may be remitted to: Texas Division of Emergency Management, P.O. Box 15467, Austin, Texas
78761.
5.6 Recapture of Funds
The discretionary right of TDEM to terminate for convenience under Section 1.13 notwithstanding, TDEM
shall have the right to terminate the Grant Agreement and to recapture, and be reimbursed for any
payments made by TDEM: (i) that are not allowed under applicable laws, rules, and regulations; or (ii) that
are otherwise inconsistent with this Grant Agreement, including any unapproved expenditures.
5.7 Liquidation Period
Grant funds will liquidate 90 calendar days following the project period end date or on December 30, 2020,
whichever is earlier. Funds not obligated by the end of the grant period and not expended by the
liquidation date will revert to TDEM.
5.8 Project Close Out
TDEM will close-out the grant award when it determines that all applicable administrative actions and all
required work of the grant have been completed by the grantee.
The grantee must submit all financial, performance, and other reports as required by the terms and
conditions of the grant award.
The grantee must promptly refund any balances of unobligated cash that TDEM paid in advance or paid and
that are not authorized to be retained by the grantee for use In other projects.
[EXHIBITS AND SIGNATURE PAGE FOLLOWS)
Page 18 1 23
EXHIBIT A - State of Texas Assurances
As the duly authorized representative of Grantee, 1 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 contractor shall vote or confirm the employment of any person related within the second degree of affinity or the
third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise
such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of
two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body
member related to such person in the prohibited degree.
2. Shall insure that all information collected, assembled, or maintained by the grantee relative to a project will be available to the public
during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law.
3. Shall comply with Texas Government Code, Chapter 55 I, which requires all regular, special, or called meetings of governmental bodies
to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.
4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments.
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the grantee is a health,
human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and
human services agency or public safety or law enforcement agency.
6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code,
or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process
of achieving compliance with such rules if the grantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701.
7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state agencies and grantees shall maintain an appropriate contract
administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section .36 for additional guidance on
contract provisions).
8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law
enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantee shall also ensure that all
program personnel are properly trained and aware of this requirement.
9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title Vl of the Civil Rights
Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section
504 of the Rehabilitation Act of 1973, as amended (29 U.S-C. §794), which prohibits discrimination on the basis of handicaps and the
Americans with Disabilities Act of 1990 including Titles 1, 11, and III of the Americans with Disability Act which prohibits recipients from
discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C.
§§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970 (P.L_ 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statutc(s)
which may apply to this Grant.
10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for
federally assisted construction subagreements.
11. Shall comply with requirements of the provisions ofthe Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L.
91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted programs. These requirements apply to all interests in real property acquired For project purposes regardless of Federal participation
in purchases.
12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees
whose principal employment activities are funded in whole or in part with Federal funds.
13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental
Personnel Act of 1970, as applicable.
P-1gc 19 1 23
EXHIBIT A
14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are
not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency
of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA (EO 11738).
15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law
93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards.
16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L, 91-190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO It 988; (e) assurance of project consistency with the approved state management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air)
Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P,L. 93-523); and (h) protection of
endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
l8. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act
of 1974 (16 U.S.C. §§469a-I et seq.).
l9. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the
minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or
exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government
Principals Regarding the Care and Use of Animals.
20. Shall comply math the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint
in construction or rehabilitation of residential structures.
21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility
used for the provision of services for children.
22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.
23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing
this program.
24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by
any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in
Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at https:/Iwww.sam.gov/porial/public/SAM/.
25. Shall adopt and implement applicable provisions of the model HIV. -AIDS work place guidelines of the Texas Department of Health as
required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
26. Shall comply with the Drug -Free Workplace Rules established by the Texas Worker's Compensation Commission effective April 17,
1991.
Page 20 1 23
EXHIBIT C - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned grantee, Mi " P. , certifies, to the best of his or her knowledge that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit
Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31 U.S.C. Sec. 1352 (as amended by the Lobbying Disclosure Act of 119). Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
The grantee, K[Lhlet C p , certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, grantee understands and agrees that the provisions of 31 U.S.C.
Sec. 3801 et seq. apply to his certification and disclosure, if any.
By: f c atl P. LDO
SignatureAz /00--
Title: CEO co,--d -P✓ 1.Wd. At �
Date,
EXHIBIT C
P o q c 22 1 23
Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by
them.
State of Texas Assurances, hereinafter referred to as "Exhibit A"
CARES Act Coronavirus Relief Fund Eligibility Certification, hereinafter referred to as "Exhibit B"
I1 r i 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.
it ' •.
Slgnaturer—)whae�,,,
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SIGNATURE PAGE
Page 30 1 30
} � 5
1
Resolution No. 2020-RO191
CORONAVIRUS RELIEF FUND (CRF) FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK
AND
MARKET LUBBOCK, INC.
CRF MICRO GRANT PROGRAM
This Coronavirus Relief Fund (CRF) Funding Agreement (the "Agreement"), Contract No. 15360,
is made by and between the City of Lubbock, a State of Texas home rule municipal corporation
(the "City") and the MARKET LUBBOCK, INC., (the "Servicing Entity"), (each a "Party," and
collectively the "Parties") acting by and through the Parties' representative officers and officials,
and is hereby entered into by the Parties on this 9th day of June, 2020 (the "Effective Date").
CRF PROGRAM SPECIFIC RECITALS
WHEREAS, pursuant to the Coronavirus Relief Fund Terms and Conditions, and as established
within section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid,
Relief, and Economic Security Act (the "CARES Act"), Coronavirus Relief Fund (CRF) Program
payments to micro grant recipients shall only be used to cover costs that:
a) are necessary expenditures incurred due to the public health emergency with respect to
the COVID-19 public health emergency; and
b) were not accounted for in the City of Lubbock's budget most recently approved as of
March 27, 2020 (the date of enactment of the CARES Act), meaning that either (a) the
cost cannot lawfully be funded using a line item, allotment, or allocation within that
budget or (b) the cost is for a substantially different use from any expected use of funds
in such a line item, allotment, or allocation; and
c) were incurred during the period that begins on March 1, 2020, and ends on December
30, 2020.
WHEREAS, the "most recently approved" budget refers to the City's enacted budget for the
relevant fiscal period, without taking into account subsequent supplemental appropriations enacted
or other budgetary adjustments made by the City in response to the COVID-19 public health
emergency;
WHEREAS, a cost is not considered to have been accounted for in the City's budget merely
because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve
account;
WHEREAS, CRF Program payments to micro grant recipients shall be used only for actions taken
to respond to the COVID-19 public health emergency, including expenditures incurred to respond
to second -order effects of the emergency, including providing economic support to those suffering
from employment or business interruptions due to COVID-19-related business closures;
WHEREAS, CRF Program payments to micro grant recipients shall not be used to fill shortfalls
in government revenue to cover expenditures that would not otherwise qualify under the statute;
WHEREAS, the City of Lubbock's CRF Programs are necessary to assist small businesses,
independent contractors, individuals and families in recovering from the direct economic impact
of the COVID-19 public health emergency, and that the expenses funded by these Programs meet
the requirements set forth in section 601(d) of the Social Security Act, and are therefore eligible
expenses;
WHEREAS, providing a consumer grant program to prevent eviction and to assist in preventing
homelessness are necessary expenses incurred due to the COVID-19 public health emergency; and
that such grants meet the other requirements for the use of Coronavirus Relief Fund payments
under section 601(d) of the Social Security Act;
WHEREAS, providing assistance to recipients solely to enable them to meet property tax
requirements is not an eligible use of CRF Program funds; however, exceptions may be made if
the assistance is designed to prevent foreclosures caused by a loss of income due to the COVID-
19 public health emergency;
WHEREAS, providing emergency financial assistance to small businesses, individuals and
families directly impacted by a loss of income due to the COVID- 19 public health emergency is a
necessary expenditure, including programs to assist:
a) individuals with payment of overdue rent payments to avoid eviction or foreclosure;
b) individuals with payment of overdue mortgage payments to avoid eviction or
foreclosure;
c) individuals facing economic hardship to allow them to pay their utility fees and thereby
continue to receive essential services; provided that fund payments subsidize individual
account holders (and are not paid directly to a governmental entity as revenue
replacement, including the replacement of unpaid utility fees) and are necessary due to
the COVID-19 public health emergency;
d) individuals directly impacted by a loss of income due to the COVID-19 public health
emergency with emergency financial assistance in the form of child care vouchers;
e) small businesses and independent contractors to offset the costs of business interruption
caused by closures required by the COVID-19 public health emergency;
f) small businesses and independent contractors not subject to a "stay-at-home" order if
the business closed voluntarily to promote social distancing measures; and
g) small businesses and independent contractors not subject to a "stay-at-home" order if
the business closed due to decreased customer demand as a result of the COVID-19
public health emergency.
WHEREAS, the Servicing Entity is obligated to do and perform certain services in its undertaking
of a Coronavirus Relief Fund (CRF) program pursuant to the Coronavirus Relief Fund Terms and
Conditions, promulgated by the Texas Division of Emergency Management; and
WHEREAS, the Servicing Entity and the services it provides have been found to meet the criteria
for funding under provision of the Coronavirus Relief Fund Terms and Conditions, promulgated
by the Texas Division of Emergency Management.
GENERAL RECITALS
WHEREAS, the Servicing Entity operates a non-profit center offering services to businesses,
families, and individuals throughout Lubbock County, Texas; and
WHEREAS, the Servicing Entity proposes to assist the City in administering a program to provide
small businesses and independent contractors with MICRO GRANT assistance (the "Program")
by reviewing applicants for eligibility and providing the City with a list of qualified applicants for
micro grant funding; and
WHEREAS, the City will disburse the micro grant funds directly to applicants pre-screened by the
Servicing Entity; and
WHEREAS, the Servicing Entity's services benefit residents in and around Lubbock, Texas and
constitute a valuable public service, and the City Council of the City (the "City Council") has
declared the services provided by the City to be a public purpose; and
WHEREAS, the accomplishment of the above public purpose is the predominate purpose of this
Agreement; and
WHEREAS, the continuing supervision by the City and State together with statutory and
contractual requirements provide sufficient assurance that the public purpose of this Agreement
will be accomplished; and
WHEREAS, the City Council has found that the Servicing Entity has the special expertise,
knowledge, and experience necessary for the operation of the Program; and, that the City will
receive adequate consideration in the form of substantial public benefit; and NOW,
THEREFORE:
THE PARTIES, FOR GOOD AND VALUABLE CONSIDERATION, AGREE AS
FOLLOWS:
Article 1. SCOPE OF SERVICE
A. The City's Responsibilities
The City agrees to provide funding to qualified micro grant recipients pre-screened by the
Servicing Entity, said funding provided by the State of Texas pursuant to the Coronavirus
Relief Fund established within section 601 of the Social Security Act, as added by section
5001 of the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act"), not
to exceed the amount as stated in the attached EXHIBIT A, including ATTACHMENT
1, to be distributed and used according to the provisions of this Agreement.
2. The City's awarding of the Funding under this Agreement is contingent upon the City's
receipt of adequate funds to meet the City's liabilities under this Agreement. If adequate
funds are not made available to the City so that it cannot award the Funding, then the City
shall notify the Servicing Entity in writing within a reasonable time after such fact is
determined, the City shall terminate this Agreement, and the City will not be directly or
indirectly liable for failure to award the Funding under this Agreement.
3. The City shall not be liable to the Servicing Entity for any cost incurred by the Servicing
Entity. This Agreement does not contemplate any payment of funds by the City to the
Servicing Entity.
4. The City may, at its sole discretion and convenience, review any work specifications prior
to the beginning of a procurement process under this Agreement, and the City may inspect
any construction for compliance with work specifications prior to the release of the
Funding.
B. The Servicing Entity's Responsibilities
1. The Servicing Entity will be responsible for administering the Program in a manner
satisfactory to the City and in compliance with this Agreement, including the terms and
conditions set forth in EXHIBIT A and its ATTACHMENT 1, and with any and all
statutory standards related to the Funding.
2. The Servicing Entity certifies that all of its activities carried out for the Program will satisfy
the Coronavirus Relief Fund Terms and Conditions, which are attached as EXHIBIT B
and incorporated herein by reference.
3. The Servicing Entity shall perform all activities related to the Program in accordance with
all applicable laws and regulations; and, with all other terms, provisions, and requirements
set forth in this Agreement.
4. Upon the City's request, while this Agreement is in effect, the Servicing Entity shall submit
to the City any and all reports, documents, or information on the Servicing Entity's
performance of the Program contemplated under this Agreement.
C. Performance Monitoring
1. General Monitoring. The City will monitor the Servicing Entity's performance under this
Agreement in order to ensure that the Servicing Entity complies with the terms of this
Agreement and all other applicable laws and regulations related to this Agreement (the
"Monitoring"). Substandard performance as determined by the City will constitute non-
compliance with this Agreement. If action to correct such substandard performance is not
taken by the Servicing Entity within a reasonable period of time after being notified by the
Servicing Entity in writing, the City may suspend or terminate this Agreement.
Article 2. TIME OF PERFORMANCE
Services of the Servicing Entity shall start on June 9, 2020, and end on January 31, 2021 (the
"Term") for eligible expenses incurred during the period that begins on March 1, 2020, and ends
on December 30, 2020. The Term and the provisions of this Agreement shall be extended to cover
any additional time period during which the City remains in control of the Funding or other CRF
assets, including income from the Program. The end date for the Agreement may be extended by
the Parties, by mutual agreement, to permit for final reporting and close out.
IN WITNESS HEREOF, THE PARTIES HAVE EXECUTED AND ENTER INTO THIS AGREEMENT ON THE
EFFECTIVE DATE
[Execution Page to Follow]
EXECUTION
DATE: June 9, 2020 DATE:
FOR: THE CITY OF LUBBOCK FOR: MARKET LUBBOCK, INC.
L�
DANIEL M. POPE, MAYOR
ATTEST:
S."? L
Reb ca iarza, City Seer t
APPROVED AS TO CONTENT:
FED. Tak I.D. #
Karen Murfee, Community NeWopment Director
6
EXHIBIT A
Coronavirus Relief Fund (CRF) Micro Grant Assistance Program
To: Market Lubbock, Inc.
1500 Broadway
Lubbock, TX 79401
Attn: John Osborne
From: City of Lubbock
1314 Avenue K
PO Box 2000
Lubbock, TX 79457
Attn: Bill Howerton, Deputy City Manager
Re: Coronavirus Relief Fund (CRF)
Micro Grant Assistance Program Agreement
Program Title and Administration
Market Lubbock, Inc. (Servicing Entity) will be responsible for administering a
Coronavirus Relief Fund (CRF) Program entitled the Micro Grant Assistance Program,
pursuant to Coronavirus Relief Fund Terms and Conditions, promulgated by the Texas
Division of Emergency Management, and the Coronavirus Relief Fund established within
section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid,
Relief, and Economic Security Act (the "CARES Act"), said Funding to be distributed and
used to provide Micro Grant Assistance Program in according to the provisions of this
Agreement.
Budget
The budget for this program is $1,000,000.
Term
The term of this Agreement is from June 9, 2020 to December 30, 2020 for eligible expenses
incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.
Scope of Services
This program will provide financial assistance to businesses, individuals, or independent
contractors, in the form of micro grants (in an amount of $4,000 or less) who have been
financially impacted by COVID-19. Applications will be screened by the Servicing Entity
and eligible applicants will be referred to the City of Lubbock Community Development
Department, which will issue the micro grant funds to the applicant. In screening the
applicants, the Servicing Entity shall adhere to the micro grant eligibility criteria set forth in
Attachment 1 to this Exhibit A.
Ineligible Expenditures
The following expenses are not eligible for payments from CRF Funds:
1. Expenses for the State share of Medicaid.
2. Damages covered by insurance.
3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated
to mitigating or responding to the COVID-19 public health emergency.
4. Expenses that have been or will be reimbursed under any federal program, such as the
reimbursement by the federal government pursuant to the CARES Act of contributions by
States to State unemployment funds.
5. Reimbursement to donors for donated items or services.
6. Workforce bonuses other than hazard pay or overtime.
7. Severance pay.
8. Legal settlements.
9. Pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be expended
for an elective abortion or on research in which a human embryo is destroyed, discarded, or
knowingly subjected to risk of injury or death. The prohibition on payment for abortions does
not apply to an abortion if the pregnancy is the result of an act of rape or incest; or in the case
where a woman suffers from a physical disorder, physical injury, or physical illness,
including a life -endangering physical condition caused by or arising from the pregnancy
itself, that would, as certified by a physician, place the woman in danger of death unless an
abortion is performed. Furthermore, no government which receives payments from the Fund
may discriminate against a health care entity on the basis that the entity does not provide, pay
for, provide coverage of, or refer for abortions.
ATTACHMENT 1 to EXHIBIT A
City of Lubbock Public Health Emergency Micro -grant Support Program
1. Program Eligibility:
a. Two categories:
i. Sole proprietor or independent contractor
1. Business has been in operation for at least one year. Confirm using 1 year of
Tax Returns OR entity documents)
a. Must submit one or more of the following
i. Schedule C on tax return
ii. 1040 tax return
iii. K-I document from an entity they have established
2. Business must be located within the City limits of Lubbock
ii. Worker who was employed as of March 14, 2020 and whose income was reduced or
eliminated as a result of the public health emergency.
1. Must submit one or more of the following
a. A completed & sworn form certifying that the worker's income was
reduced or eliminated as a result of the public health emergency.
b. Federal Tax Return including all W2s from 2019
2. Worker must reside within the City limits of Lubbock
b. Gross revenues or income not to exceed $75,000 annually as demonstrated by prior year tax
returns or entity documents.
c. May not have received a PPP loan, EIDL loan or federal or state unemployment benefits.
i. Workforce Solution South Plains will independently determine if an applicant has received
any unemployment benefits since March 15, 2020.
d. Use of Grant Funds:
i. Working capital overhead operations, payroll, rent, short-term uses of cash for business
operations, utilities, inventory, etc.
ii. Personal income replacement
e. One grant per small business or impacted worker
f. Must be current on personal and business property taxes (current payment plan acceptable)
2. Micro -grant Program Structure
a. $1 M Total Funding
b. The amount of the individual grant will be $4,000.00
c. Cut-off date for all applications is June 10h, 2020. Application must be fully complete to be
considered.
d. Servicing entity has the right to turn down a grant application if applications are incomplete, the
applicant does not meet the program's eligibility requirements, or the funds become exhausted.
e. Need -based, tiered structure:
i. 40% of the grant funding pool will go to applicants with up to $25,000 in gross revenues
ii. 35% of the grant funding pool will go to applicants with gross revenues between $25,000
up to $50,000
iii. 25% of the grant funding pool will go to applicants with gross revenues between $50,000
up to $75,000
f On or around June 1 b`h, applications will be sorted into their appropriate tier. Applications will
be assigned a number, which will be computer randomized to establish the funding order within
each tier.
g. If after awarding the grants within each tier there remains available funds, the remaining funding
will be moved to the category with the least amount of gross revenues that still has applicants
and the randomization process will be repeated. This will occur until all grant funding is
exhausted. Upon issuance of grant funds in the original $1 M corpus, the micro -grant program is
complete. If, however, at the end of the initial application process there are still grant funds
available, the City of Lubbock reserves the right to decide whether to allow for a new additional
application period to be established or to terminate the program.
3. Roll out
a. Lubbock City Council vote — Tuesday, June 91
b. Press conference with press release — Wednesday, June 101s
c. One sheet prepared by LEDA/MLI marketing team available for distribution — Tuesday, June 9
d. LEDA/MLI/COL websites — go live with application information including applications on
Wednesday, June 10_
e. Hard c?Fies of the applications will be available in the City of Lubbock lobby — Wednesday,
June 10
f. Application intake will be an email box where applications and questions can be submitted.
Applications may also be mailed in or personally dropped off with receipt provided.
4. Application Review Committee:
a. Committee made up of 2 teams from LEDA and Visit Lubbock
i. Team Leaders:
1. Chris Allen
2. Stacy Keith
b. Provide compliance review of incoming applications
c. Provide a report to the Mayor, City Council and City Manager concerning the grant program and
recommendations or improvements regarding subsequent grant programs if funds are or become
available.
CORONAVIRUS RELIEF FUND (CRF)
TERMS AND CONDITIONS
TEXAS DIVISION OF EMERGENCY MANAGEMENT
MAY 11, 2020
■ Page 1 1 2
EXHIBIT 9
About This Document
In this document, grantees will find the terms and conditions applicable to payments distributed in the
form of grants to local units of governments from the Coronavirus Relief Fund established within section
601 of the Social Security Act, as added by section S001 of the Coronavirus Aid, Relief, and Economic
Security Act ("CARES Act").
These requirements are in addition to those that can be found within the Grant Management System
(GMS), to which grantees agreed to when accepting the grant. Other state and federal requirements and
conditions may apply to your grant, including but not limited to: 2 CFR Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas
Government Code; the Uniform Grant Management Standards (UGMS) developed by the Comptroller of
Public Accounts; the state Funding Announcement or Solicitation under which the grant application was
made; and any applicable documents referenced in the documents listed above.
To the extent the terms and conditions of this grant agreement do not address a particular circumstance
or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the
general objectives, expectations and purposes of this grant agreement and in all cases, according to its fair
meaning. The parties acknowledge that each party and its counsel have reviewed this grant agreement
and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting
party shall not be employed in the interpretation of this grant agreement. Any vague, ambiguous or
conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the
grant agreement.
F'<iqc- 2 1 23
Table of Contents
AboutThis
0ucwmwnt.............................................................. _'...... -...................... —'--............
2
1 Grar*Agreement Requirements and C*nd|tipns................... ................ --...... _...... ..........................
�
1.1
AppWhcahilitywfGrant Agmoemontand PruWsipms.............................. —........... ...... ---- ...... —..5
1.2
Legal Authority *qApply ................... .......................................... .......... ................... ...... ---'5
1`3
Grant Acceptance ........... .-............ ..... .................................... ............................. .—,----.'',�
1.4
Project Period ....... —~~_. ~~~~—~..~~...'~~.~~.'~'~~~_..~~~~~~.~~_-5
1.5
General Responsibility —.—.,.,---,.—.......... ---.,.,,.--.... ..................................................
5
1�6
Amendments and Chwngasto the Grant Agreenven¢--_-----............................... .........
6
11
Jurisdictional CooperutIwn... ---- ......... --- ............... -----.---------...... ............
7
1Z
PuhWir|nfo;moatiwnand meetings —....................................... -----............ —......................
7
%�9
Remedies for .—".—~`~`~~_—_---~_---................................... 7
140
False Statements by Grantee ..... ---.............................. '--------'..................... --- ... 8
1'I1
Conflict m9Interest Saynguards.,—..................................... ,.—.---......... —.......................... -8
1-I2
Fraud, Waste, and .------—
1.13
Termination *fthe Agreement.--,----',.,.,,,,,.—',.,.— ....... ..................... ................ ....... 9
1.14
Unn|tationof Liab|l|ty.................... ..... --- ............... .................................... ...... ......... ... —... 9
1.15
C)|sputaR*so|wt|om—......... ............. ............ ......... ............ —....................... ......................
10
L16
UabNbyfor Taxes .... ... --- ...................... ...... ......... ...... —... ...... —'--............. .......
1U
117
Required State Assurances. ...................... ............... .............................. ........ ........................
10
1.18
S/stemnfor AuvandManage mmnt(SAM)Regukennents.......................... --- ......... ... ..........
1O
1.19
No Obligation bwFedemm|Government ............. ...... ..... -............. —................................ -1l
1.20
Notice- ...... —...... ...... --- ... --- ...... --- ... .................. —..................... ............................ ---1l
1.21
Force Mmjawrm....................................... ............ —....................... ......................... ......... ......
2l
1.22
Debfttmstate ........ —..... ..... .............. ...... ................ ......... -......... ........ ................ .........
1l
1.23
FranchisaTax Certification.................................................. _............ ................................
11
1.34
Severab ity ..... .................. _............ ............................ ...... ................................. .... ..........
%2
1.25
E-Vwrifv..... ...................................... --- ...... ...... ......... ............ ...... ...... ............ ................
%2
1.26
Co rnpliance with Feder |Laww, Regulations, andExecutive Orders ............ _—_—.......... .......
l2
1,27
CicnnAJrAct .......... ... ......... ~...... —_~_........ ...... ......... ......... ...... ~~~.~~_~...%2
1.28
Fed era [ Water Pollution Control Act— ................ --- ................. ......... ........ ...... ...... .,.---l2
1.29
Smnpmnoionamd Debarment ................ ---- ............ ........ --............ ............ ...... ........ .12
1.3a
Energy Conservation ......................... --- ........ ............ --_---...... ................... ......... ...
13
1.31
Procurement of Recovered Materials— ... ............ .......... .,—,.,--.—,.,....,.,..,.,.,..,...,.13
1.32
Term inated Contracts ... ..... ............ ._—......... ............................. .... ............................... —13
% Property and Prwcwnorment Requirements.,,.,......,..,.—,..,..,.,,.,...,..,.,.,..,.,.,.,..,.,.,,.,.,.,.,13
2.1
Property Management and Inventory ............ ............ .......... —............ ......... -...... --.....
%3
2.2
Consulting Ommtnacts—... ............... ......... ......... ......... ---- ......... -----_-...............
14
2.3
PeorummmentPractices and Po|Ides ... ....................................... --............. ........ _-...... _--%4
2.4
Contract PmaWmW»nsUnder Federal &mwardm-......... ................................. ---_--...... .........
14
3 Audit and Records Reqw|mwnwnLs............. ,...........................................................................................
14
3.1
Cooperation with Monitoring, Audits, and Records Requirements ............ ---..............
l4
3.2
Single Audit.................................... ........ -......... -......... --................ ......
15
Page 3|23
3ARecords . . ................... .......... . ............................................................... 15
4 Prohibited and Regulated Activities and Expenditures .................... .............. ... ...... . ........................... 16
4.1 P roh i h Ited Costs ................................................... . ............... 16
4.2 Political Activities .......................... ............................................................................................. 16
Financial Requirements ........ .................... -- ................ ...... ...... ......................................................... 17
5,1 directDeposit .................................................................................................................... --.— 17
51 Payments and Required Documentation .................................................................................... 17
53 Financial Reporting ..................................................................................................................... 17
5AReimbursements ......................................................................................................................... 18
5.5 R ef u n d f, and Deductions ................................................................. ................... ...... ............... .18
5,6 Recapture of Funds ................................................................ —.-- ........................................... 18
5,7 Liquidation Period ....................................................................................................................... 18
5.8 Project Close Out ........................................................................................................................ 18
EXHIBIT A - State of Texas Assurances ................ ............... ................. .......................................................... 19
EXHIBIT 8 - CARES ACT CORONAVIALIS RELIEF FUND ELIGIBILITY 21
EXHIBIT C - CERTIFICATION REGARDING ......... - ......... ...... .............. .... 22
Page 4 1 23
1 Grant Agreement Requirements and Conditions
1.1 Applicability of Grant Agreement and Provisions
The Grant Agreement is subject to the additional terms, conditions, and requirements of other laws, rules,
regulations and plans recited herein and is intended to be the full and complete expression of and
constitutes the entire agreement between the parties hereto with respect to the subject matter hereof
and all prior and contemporaneous understandings, agreements, promises, representations, terms and
conditions, both oral and written, are superseded and replaced by this Grant Agreement.
Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations
pertaining to the grant close-out, cooperation and provision of additional information, return of grant
funds, audit rights, records retention, public information, and any other provision implying survivability
shall remain in effect after the expiration or termination of this Grant Agreement.
1.2 Legal Authority to Apply
The grantee certifies that it possesses legal authority to apply for the grant. A resolution, motion or similar
action has been or will be duly adopted or passed as an official act of the applicant's governing body,
authorizing the filing of the application, including all understandings and assurances contained therein,
and directing and authorizing the person identified as the official representative, or their designee of the
organization to act in connection with the application and to provide such additional information as may
be required.
1.3 Grant Acceptance
The Notice of Subrecipient Grant Award remains an offer until the fully executed copy of this Grant
Agreement is received by the Texas Division of Emergency Management (TDEM).
1.4 Project Period
Funding has been authorized for eligible expenditures incurred between March 1, 2020 and December 30,
2020. The specific performance period for this grant is listed on the Notice of Subrecipient Grant Award.
All expenditures must be incurred, and all services must be received within the performance period. TDEM
will not be obligated to reimburse expenses incurred after the performance period. A cost is incurred
when the responsible unit of government has expended funds to cover the cost.
1.5 General Responsibility
Per the CARES Act, CRF grant funds may only be used to cover expenses that —
1. are necessary expenditures incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19)
2. were not accounted for in the budget most recently approved as of March 27, 2020 for the
state or government; and
3. were incurred during the period that begins on March 1, 2020 and ends on December 30,
2020.
The US Department of Treasury (Treasury) provided additional guidance on the permissible use of grant
funds, including nonexclusive examples of eligible expenses in the following categories:
1. Medical expenses,
2. Public health expenses,
Pape 5 1 23
3. Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency,
4. Expenses of actions to facilitate compliance with COVID-19 -related public health measures,
5. Expenses associated with the provision of economic support in connection with the COVID-
19 public health emergency, and
6. Any other COVID-19-related expenses reasonably necessary to the function of government
that satisfy the Fund's eligibility criteria.
Further explanation of these categories and examples can be found at the following link:
https J/home.treasury.goy/system/fi I_es/136/Coronavi rus-Relief-Fu nd-G uida nce-for-State-Territorial-Loca I-
an d-Tribal-Governments.Pdf
https://home.treasury.eov/system/files/136/Coronavirus-Relief-Fund-Frequently-Asked-Questions.pdf
The subrecipient agrees that a minimum of 75% of its allotment will be spent in the categories of medical
expenses, public health expenses and payroll expenses for employees substantially dedicated to mitigating
or responding to the public emergency. The remainder of the allotment may be spent in any of the categories
provided within the Treasury guidance.
The grantee certifies compliance with these eligible expenses by executing the CARES Act Coronavirus Relief
Fund Eligibility Certification Form in Exhibit E, which is attached hereto and incorporated for all purposes.
The grantee is responsible for the integrity of the fiscal and programmatic management of the grant project;
accountability for all funds awarded; and compliance with TDEM administrative rules, policies and
procedures, and applicable federal and state laws and regulations.
The grantee will maintain an appropriate grant administration system to ensure that all terms, conditions
and specifications of the grant are met.
.1.6 Amendments and Changes to the Grant Agreement
TDEM and the grantee may agree to make adjustments to the grant. Adjustments include, but are not
limited to, modifying the scope of the grant project, adding funds to previously un-awarded cost items or
categories changing funds in any awarded cost items or category, deobligating awarded funds or changing
grant officials.
The grantee has no right or entitlement to reimbursement with grant funds. TDEM and grantee agree that
any act, action or representation by either Party, their agents or employees that purports to waive or alter
the terms of the Grant Agreement or increase the maximum liability of TDEM is void unless a written
amendment to this Grant Agreement is first executed and documented in GMS. The grantee agrees that
nothing in this Grant Agreement will be interpreted to create an obligation or liability of TDEM in excess of
the "Maximum Liability of the TDEM" as set forth in the Notice of Subrecipient Grant Award.
Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in GMS
to be binding upon the Parties. Notwithstanding this requirement, it is understood and agreed by Parties
hereto, that changes in local, state and federal rules, regulations or laws applicable hereto, may occur during
the term of this Grant Agreement and that any such changes shall be automatically incorporated into this
Grant Agreement without written amendment hereto, and shall become a part hereof as of the effective
date of the rule, regulation or law.
P k, 6 1 23
1.7 Jurisdictional Cooperation
A municipality may yield any portion of its allocated funds to the county within which it exists or a county
may yield any portion of its allocated funds to a municipality within its footprint for eligible expenses. This
may be accomplished in one of the following ways:
1. By a grant amendment, as described in section 1.6, where by funds are deobligated from the original
subrecipient and then added to previously un-awarded costs items or categories of the receiving
jurisdiction's grant award.
2. A subrecipient may use funds pursuant to this agreement to subcontract with another political
subdivision within its jurisdiction for eligible and necessary expenditures incurred due to the public
health emergency. The subrecipient is responsible for ensuring subcontractor eligibility and
maintaining all required documentation.
1.8 Public information and Meetings
Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that
the State of Texas, TDEM, and this Grant Agreement are subject to the Texas Public Information Act, Texas
Government Code Chapter 552 (the "PIA"). The grantee acknowledges that TDEM will comply with the
PIA, as interpreted by judicial opinions and opinions of the Attorney General of the State ofTexas.
The grantee acknowledges that information created or exchanged in connection with this Grant
Agreement, including all reimbursement documentation submitted to TDEM, is subject to the PIA,
whether created or produced by the grantee or any third party, and the grantee agrees that information
not otherwise excepted from disclosure under the PIA, will be available in a format that is accessible by
the public at no additional charge to TDEM or State of Texas. The grantee will cooperate with TDEM in the
production of documents or information responsive to a request for information.
1.9 Remedies for Non -Compliance
If TDEM determines that the grantee materially fails to comply with any term of this grant agreement,
whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a
notice of award, or any other applicable requirement, TDEM, in its sole discretion may take actions
including:
1. Temporarily withholding cash payments pending correction of the deficiency or more severe
enforcement action by TDEM;
2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in
compliance;
3. Disallowing claims for reimbursement;
4. Wholly or partially suspending or terminating thisgrant;
5. Requiring return or offset of previous reimbursements;
6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs
administered by TDEM until repayment to TDEM is made and any other compliance or audit finding
is satisfactorily resolved;
7. Reducing the grant award maximum liability of TDEM;
8. Terminating this Grant Agreement;
9. Imposing a corrective action plan;
.;- 7123
10. Withholding further awards; or
11. Taking other remedies or appropriate actions.
The grantee costs resulting from obligations incurred during a suspension or after termination of this grant
are not allowable unless TDEM expressly authorizes them in the notice of suspension or termination or
subsequently.
TDEM, at its sole discretion, may impose sanctions without first requiring a corrective action plan.
1.10 False Statements by Grantee
By acceptance of this grant agreement, the grantee makes all the statements, representations, warranties,
guarantees, certifications and affirmations included in this grant agreement. If applicable, the grantee will
comply with the requirements of 31 USC § 3729, which set forth that no grantee of federal payments shall
submit a false claim for payment.
If any of the statements, representations, certifications, affirmations, warranties, or guarantees are false
or if the grantee signs or executes the grant agreement with a false statement or it is subsequently
determined that the grantee has violated any of the statements, representations, warranties, guarantees,
certifications or affirmations included in this grant agreement, then TDEM may consider this act a possible
default under this grant agreement and may terminate or void this grant agreement for cause and pursue
other remedies available to TDEM under this grant agreement and applicable law. False statements or
claims made in connection with TDEM grants may result in fines, imprisonment, and debarment from
participating in federal grants or contract, and/or other remedy available by law, potentially including the
provisions of 38 USC §§ 3801-3812, which details the administrative remedies for false claims and
statements made.
1.11 Conflict of Interest Safeguards
The grantee will establish safeguards to prohibit its employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or personal gain,
whether for themselves or others, particularly those with whom they have family, business, or other ties.
The grantee will operate with complete independence and objectivity without actual, potential, or apparent
conflict of interest with respect to its performance under this Grant Agreement. The grantee certifies as to
its own organization, that to the best of their knowledge and belief, no member of The A&M System or The
A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by
a member of The A&M System, has direct or indirect financial interest in the award of this Grant Agreement,
or in the services to which this Grant Agreement relates, or in any of the profits, real or potential, thereof.
1.12 Fraud, Waste, and Abuse
The grantee understands that TDEM does not tolerate any type of fraud, waste, or misuse of funds
received from TDEM. TDEM's policy is to promote consistent, legal, and ethical organizational behavior,
by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, TDEM
policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. The
grantee understands and agrees that misuse of award funds may result in a range of penalties, including
suspension of current and future funds, suspension or debarment from federal and state grants,
recoupment of monies provided under an award, and civil and/or criminal penalties.
In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds
received from TDEM that is made against the grantee, the grantee is required to immediately notify TDEM
of said allegation or finding and to continue to inform TDEM of the status of any such on -going
investigations. The grantee must also promptly refer to TDEM any credible evidence that a principal,
P aa� 8 1 23
employee, agent, grantee, contractor, subcontractor, or other person has -- (1) submitted a claim for
award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving award funds.
Grantees must also immediately notify TDEM in writing of any misappropriation of funds, fraud, theft,
embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant
requirements. Grantees must notify the local prosecutor's office of any possible criminal violations.
Grantees must immediately notify TDEM in writing if a project or project personnel become involved in
any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand,
notices, subpoenas, lawsuits, or indictments to TDEM.
1.13 Termination of the Agreement
TDEM may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty
against TDEM, upon written notice to grantee. In the event grantee fails to perform or comply with an
obligation or a term, condition or provision of this Grant Agreement, TDEM may, upon written notice to
grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such
notification of Termination for Cause will state the effective date of such termination, and if no effective
date is specified, the effective date will be the date of the notification.
TDEM and grantee may mutually agree to terminate this Grant Agreement. TDEM in its sole discretion will
determine if, as part of the agreed termination, grantee is required to return any or all of the disbursed
grant funds.
Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided
in equity, by law, or under this Grant Agreement, including those remedies listed at 2 C.F.R. 200.207 and
2 C.F.R. 200.338 — 200.342. Following termination by TDEM, grantee shall continue to be obligated to
TDEM for the return of grant funds in accordance with applicable provisions of this Grant Agreement. In
the event of termination under this Section, TDEM's obligation to reimburse grantee is limited to allowable
costs incurred and paid by the grantee prior to the effective date of termination, and any allowable costs
determined by TDEM in its sole discretion to be reasonable and necessary to cost-effectively wind up the
grant. Termination of this Grant Agreement for any reason or expiration of this Grant Agreement shall not
release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated
to survive any such termination orexpiration.
1.14 Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE
STATE OF TEXAS AND AGENCY, AND/OR THEIR OFFICERS, REGENTS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS,
OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM
ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER
FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT
AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY
RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE
NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT
FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT
AND AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver
by TDEM as an agency of the State of Texas, its officers, regents, employees, agents, or contractors or the
State of Texas of any privileges, rights, defenses, remedies, or immunities from suit and liability that TDEM
or the State of Texas may have by operation of law.
i- �1 r • 9 1 23
1.15 Dispute Resolution
The Parties' representatives will meet as needed to implement the terms of this Grant Agreement and will
make a good faith attempt to informally resolve any disputes.
Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise requested or
approved in writing by TDEM, the grantee shall continue performance and shall not be excused from
performance during the period any breach of Grant Agreement claim or dispute is pending.
The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules
adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TDEM and grantee to
attempt to resolve any claim for breach of contract made by the grantee that cannot be resolved in the
ordinary course of business. Grantee shall submit written notice of a claim of breach of contract under this
Chapter to the Chief of TDEM, who shall examine the grantee's claim and any counterclaim and negotiate
with grantee in an effort to resolve the claim.
The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to this
Grant Agreement, without regard to any otherwise applicable conflict of law rules or requirements. Venue
for any grantee -initiated action, suit, litigation or other proceeding arising out of or in any way relating to
this Grant Agreement shall be commenced exclusively in the Travis County District Court or the United States
District Court, Southern District of Texas - Houston Division. Venue for any TDEM-initiated action, suit,
litigation or other proceeding arising out of or in any way relating to this Grant Agreement may be
commenced in a Texas state district court or a United States District Court selected by TDEM in its sole
discretion.
The grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts
referenced above 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/or the venue is improper.
1.16 Liability for Taxes
The grantee agrees and acknowledges that grantee is an independent contractor and shall be entirely
responsible for the liability and payment of grantee's and grantee's employees' taxes of whatever kind,
arising out of the performances in this Grant Agreement. The grantee agrees to comply with all state and
federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers'
compensation. TDEM and/or the State of Texas shall not be liable to the grantee, its employees, agents, or
others for the payment of taxes or the provision of unemployment insurance and/or workers' compensation
or any benefit available to a state employee or employee of TDEM.
1.17 Required State Assurances
The grantee must comply with the applicable State Assurances included within the State Uniform Grant
Management Standards (UGMS), Section III, Subpart B, _.14, which are attached hereto and incorporated
for all purposes as Exhibit A.
1.18 System for Award Management (SAM) Requirements
A. The grantee agrees to comply with applicable requirements regarding registration with the System for
Award Management (SAM) (orwith 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
Pag(! 101 23
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 12S49 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory
authority. The grantee certifies it will verify each vendor's status to ensure the vendor is not debarred,
suspended, otherwise excluded or declared ineligible by checking the SAM before doing/renewing
business with thatvendor.
C. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and
have not been subjected to suspension, debarment, or similar ineligibility determined by any federal,
state or local governmental entity and the grantee is in compliance with the State of Texas statutes
and rules relating to procurement and that the grantee is not listed in the federal government's
terrorism watch list as described in Executive Order 13224.
1.19 No Obligation by Federal Government
The Parties acknowledge and agree that the federal government is not a party to this Grant Agreement
and is not subject to any obligations or liabilities to either Party, third party or subcontractor pertaining to
any matter resulting from this Grant Agreement.
1.20 Notice
Notice may be given to the grantee via GMS, email, hand -delivery, or United States Mail. Notices to the
grantee will be sent to the name and address supplied by grantee in GMS.
1.21 Force Majeure
Neither the grantee 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 State
The grantee certifies, to the extent grantee owes any debt (child support or other obligation) or delinquent
taxes to the State of Texas, any payments grantee is owed under this Grant Agreement may be applied by
the Comptroller of Public Accounts toward any such debt or delinquent taxes until such debt or delinquent
taxes are paid in full.
1.23 Franchise Tax Certification
If grantee is a taxable entity subject to the Texas Franchise Tax (Chapter 171, Texas Tax Code), then grantee
certifies that it is not currently delinquent in the payment of any franchise (margin) taxes or that grantee is
exempt from the payment of franchise (margin) taxes.
11 1 23
1.24 Severability
If any provisions of this Grant Agreement are rendered or declared illegal for any reason, or shall be invalid
or unenforceable, such provision shall be modified or deleted in such manner so as to afford the Party for
whose benefit it was intended the fullest benefit commensurate with making this Grant Agreement, as
modified, enforceable, and the remainder of this Grant Agreement and the application of such provision
to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent
permitted by applicable law.
1.25 E-Verify
By entering into this Grant Agreement, grantee certifies and ensures that it utilizes and will continue to
utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's e-Verify system
to determine the eligibility of (a) all persons employed during the contract term to perform duties within
Texas; and (b) all persons (including subcontractors) assigned by the grantee pursuant to the Grant
Agreement.
1.26 Compliance with Federal Law, Regulations, and Executive Orders
Grantee acknowledges that federal financial assistance funds will be used to fund the Grant Agreement.
Grantee will comply with all applicable federal law, regulations, executive orders, policies, procedures, and
directives.
1.27 Clean Air Act
The following is only applicable if the amount of the contract exceeds $150,000.
a. Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in
turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. Grantee agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with federal assistance provided by this Grant Agreement.
1.28 Federal Water Pollution Control Act
a. Grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in
turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. Grantee agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with federal assistance provided by this Grant Agreement.
1.29 Suspension and Debarment
a. This Grant Agreement is a covered transaction for purposes of 2 C.F.R. pt 180 and 2 C.F.R. pt.
3000. Grantee certifies that grantee, grantee's principals (defined at 2C.F.R. Sec. 180.995), or its
agt, 12 1 23
affiliates (defined at 2 C.F.R. Sec. 180.90S) are excluded (defined at 2 C.F.R. Sec. 180.940) or
disqualified (defined at 2 C.F.R. Sec. 180.935).
b. Grantee must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must
include a requirement comply with these regulations in any lower tier covered transaction it
enters into.
c. This certification is a material representation of fact relied upon by TDEM. If it is later determined
that grantee did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, in addition to
remedies available to TDEM, the Federal Government may pursue available remedies, including
but limited to suspension and/or debarment.
1.30 Energy Conservation
If applicable, grantee agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act.
1.31 Procurement of Recovered Materials
a. In the performance of this Grant Agreement, grantee shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot be
acquired --
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
b. Information about this requirement, along with the list of EPA -designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
htt ps: //www.epa.gov/s mm(co rn preh e n sive-procu rem ent-gu idel i ne-cpg-p rogra m.
1.32 Terminated Contracts
The grantee has not had a contract terminated or been denied the renewal of any contract for
noncompliance with policies or regulations of any state or federally funded program within the past five (S)
years nor is it currently prohibited from contracting with a governmental agency. If the grantee does have
such a terminated contract, the grantee shall identify the contract and provide an explanation for the
termination. The grantee acknowledges that this Grant Agreement may be terminated and payment withheld
or return of grant funds required if this certification is inaccurate or false.
2 Property and Procurement Requirements
2.1 Property Management and Inventory
The grantee must ensure equipment purchased with grant funds is used for the purpose of the grant and
as approved by TDEM. The grantee must develop and implement a control system to prevent loss, damage
or theft of property and investigate and document any loss, damage or theft of property funded under
this Grant.
The grantee must account for any real and personal property acquired with grant funds or received from
Pnrge 13 i 23
the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property
trust relationship and 200.329 Reporting on real property. This documentation must be maintained by the
grantee, according to the requirements listed herein, and provided to TDEM upon request, if applicable.
When original or replacement equipment acquired under this award by the grantee is no longer needed
for the original project or program or for other activities currently or previously supported by the federal
awarding agency or TDEM, the grantee must make proper disposition of the equipment pursuant to 2 CFR
200.
The grantee will maintain specified equipment management and inventory procedures for equipment
(including replacement equipment), whether acquired in whole or in part with grant funds, until
disposition takes place, with a per -unit cost of $5,000 or greater. The equipment and inventory procedures
include:
A. The grantee must keep an inventory report on file containing equipment purchased with any grant
funds during the grant period. The inventory report must agree with the approved grant budget
and the final Financial Status Report and shall be available to TDEM at all times upon request.
B. The grantee must maintain property/inventory records which, at minimum, include a description
of the property, a serial number or other identification number, the source of property, who holds
title, the acquisition date, the cost of the property, the percentage of federal participation in the
cost of the property, the location, use and condition of the property, and any ultimate disposition
data including the date of disposal and sale price ofthe property.
C. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to
the equipment Exceptions to this requirement are limited to items where placing of the marking
is not possible due to the nature of the equipment.
2.2 Consulting Contracts
Pre -approval of costs related to consulting contracts is required and the value of consulting contracts
entered into by the grantee may not exceed 5% of the total funds received by the local unit of government.
2.3 Procurement Practices and Policies
The grantee must follow applicable federal and state law, federal procurement standards specified in
regulations governing federal awards to non-federal entities, their established policy, and best practices for
procuring goods or services with grant funds. Procurement activities must follow the most restrictive of
federal, state and local procurement regulations. Contracts must be routinely monitored for delivery of
services or goods.
2.4 Contract Provisions under Federal Awards
All contracts made by a grantee under a federal award must contain the provisions outlined in 2 CFR 200
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
Appendix II to Part 200 Contract Provisions for Non -Federal Entity Contracts Under Federal Awards.
3 Audit and Records Requirements
3.1 Cooperation with Monitoring, Audits, and Records Requirements
All records and expenditures are subject to, and grantee agrees to comply with, monitoring and/or audits
conducted by the United States Department of Treasury's Inspector General (DOTIG), TDEM, and the State
IF 14 1 23
Auditor's Office (SAO) or designee. The grantee shall maintain under GAAP or GASB, adequate records that
enable DOTIG, TDEM, and SAO to ensure proper accounting for all costs and performances related to this
Grant Agreement.
3.2 Single Audit Requirements
Any grantee expending $750,000 or more in federal funds in a fiscal year may be subject to Single Audit
Requirements in 2 CFR, Part 200, Subpart F —Audit Requirements, at https:awww.ecfr.gov/cgi-bin/text-
idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02API.
The grantees expending more than $750,000 in state funds in a fiscal year are subject to the requirements
in the Texas Single Audit Circular, at https://comptroller.texas.eov/purchasing/docs/ugms.pdf.The audit
must be completed and the data collection and reporting package described in 2 CFR 200.512 must be
submitted to the Federal Audit Clearinghouse (FAC) within 30 calendar days after receipt of the auditor's
report(s), or nine months after the end of the audit period, whichever is earlier.
3.3 Requirement to Address Audit Findings
If any audit, monitoring, investigations, review of awards, or other compliance review reveals any
discrepancies, inadequacies, or deficiencies which are necessary to correct in order to maintain
compliance with this Grant Agreement, applicable laws, regulations, or the grantee's obligations
hereunder, the grantee agrees to propose and submit to TDEM a corrective action plan to correct such
discrepancies or inadequacies within thirty (30) calendar days after the grantee's receipt of the findings.
The grantee's corrective action plan is subject to the approval ofTDEM.
The grantee understands and agrees that the grantee must make every effort to address and resolve all
outstanding issues, findings, or actions identified by DOTIG, TDEM, or SAO through the corrective action
plan or any other corrective plan. Failure to promptly and adequately address these findings may result in
grant funds being withheld, other related requirements being imposed, or other sanctions and penalties.
The grantee agrees to complete any corrective action approved by TDEM within the time period specified
by TDEM and to the satisfaction of TDEM, at the sole cost of the grantee. The grantee shall provide to
TDEM periodic status reports regarding the grantee's resolution of any audit, corrective action plan, or
other compliance activity for which the grantee is responsible.
3.4 Records Retention
A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures of
grant funds, reporting measures, and funds received from TDEM under this Grant Agreement. Audit
trails maintained bythe grantee will, at a minimum, identifythe 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
F'❑ne 15I 23
retention value.
4 Prohibited and Regulated Activities and Expenditures
4.1 Prohibited Costs
A. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Revenue replacement is not a permissible use of these grant
funds. In accordance with Section 3.1 all record and expenditures are subject to review.
B. Damages covered by insurance.
C. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.
D. Duplication of benefits including expenses that have been or will be reimbursed under any other
federal program.
E. Reimbursement to donors for donated items or services.
F. Workforce bonuses other than hazard pay or overtime.
G. Severance pay.
H. Legal settlements.
4.2 Political Activities
Grant funds may not be used in connection with the following acts by agencies or individuals employed by
grant funds:
A. Unless specifically authorized to do so by federal law, grant recipients or their grantees or
contractors are prohibited from using grant funds directly or indirectly for political purposes,
including lobbying or advocating for legislative programs or changes; campaigning for, endorsing,
contributing to, or otherwise supporting political candidates or parties; and voter registration or
get -out -the -vote campaigns. Generally, organizations or entities which receive federal funds by
way of grants, contracts, or cooperative agreements do not lose their rights as organizations to
use their own, private, non-federal resources for "political' activities because of or as a
consequence of receiving such federal funds. These recipient organizations must thus use private
or other non-federal money, receipts, contributions, or dues for their political activities, and may
not charge off to or be reimbursed from federal contracts or grants for the costs of such activities.
B. Grant officials or grant funded employees may not use official authority or influence or permit the
use of a program administered by the grantee agency of which the person is an officer or employee
to interfere with or affect the result of an election or nomination of a candidate or to achieve any
other political purpose.
C. Grant -funded employees may not coerce, attempt to coerce, command, restrict, attempt to
restrict, or prevent the payment, loan, or contribution of anything of value to a person or political
organization for a political purpose.
D. Grant funds may not be used to employ, as a regular full-time or part-time or contract employee,
a person who is required by Chapter 305 of the Government Code to register as a lobbyist.
Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or
employee of the agency, membership dues to an organization that pays part or all of the salary of
16 1 23
a person who is required by Chapter 305 of the Government Code to register as a lobbyist.
As applicable, the grantee and each contracting tier will comply with 31 USC § 1352, which
provides that none of the funds provided under an award may be expended by the grantee to pay
any person to influence, or attempt to influence an officer or employee of any agency, a Member
of Congress, an officer of employee of Congress, or an employee of a Member of Congress in
connection with any Federal action concerning the award or renewal. Grantee shall file the
required certification attached hereto and incorporated for all purposes as Exhibit F. Each
contracting tier shall also disclose any lobbying with non-federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
5 Financial Requirements
5.1 Direct Deposit
A completed direct deposit form from the grantee must be provided to TDEM prior to receiving any
payments. The direct deposit form is currently available at https;//erants.tdem.texas.Rov/.
5.2 Payments and Required Documentation
Funding for this Grant Agreement is appropriated under the Coronavirus Aid, Relief, and Economic Security
Act, 2020 (Public Law 116-136) enacted on March 27, 2020, as amended, to facilitate protective measures
for and recoveryfrom the public health emergency in areas affected by COVID-19, which are Presidentially -
declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.). All expenditures under this Grant Agreement must be made in
accordance with this Grant Agreement and any other applicable laws, rules or regulations. Further, grantee
acknowledges that all funds are subject to recapture and repayment for non-compliance pursuant to
Section 5.7 below.
Payment of funds on projects may be initiated by the grantee through a Request for Reimbursement
(RFR) in GMS.
Grantee may initiate an Advance of Funds Request (AFR) through GMS for an initial cash advance to cover
actual costs incurred or up to 20% of their total allocation, whichever is larger.
Additional advances or reimbursement requests may be requested following full reporting to TDEM of
expenses incurred and applied against the initial and/or any subsequent advance payments.
If sufficient progress is not made towards expenditure of advanced funds and/or the grantee fails to meet
financial reporting obligations, TDEM may implement sanctions as necessary up to and including grant
termination.
All documentation for expenditures paid during the project period must be submitted to TDEM on or
before the grant liquidation date.
5.3 Financial Reporting
Financial reports must be submitted to TDEM on a quarterly basis via GMS but can be submitted more
often as necessary to draw down funds.
The final financial report must be submitted to TDEM on or before the grant liquidation date or the grant
funds may lapse and TDEM will provide them as grants to other eligible jurisdictions.
Page 17 1 23
5.4 Reimbursements
TDEM will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable
costs incurred and paid by the grantee pursuant to this Grant Agreement. TDEM is not obligated to pay
unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the
commencement or after the termination of this Grant Agreement.
5.5 Refunds and Deductions
If TDEM determines that the grantee has been overpaid any grant funds under this Grant Agreement,
including payments made inadvertently or payments made but later determined to not be actual and
allowable allocable costs, the grantee shall return to TDEM the amount identified by TDEM as an
overpayment. The grantee shall refund any overpayment to TDEM within thirty (30) calendar days of the
receipt of the notice of the overpayment from TDEM unless an alternate payment plan is specified by TDEM,
Refunds may be remitted to: Texas Division of Emergency Management, P.O. Box 15467, Austin, Texas
78761.
5.6 Recapture of Funds
The discretionary right of TDEM to terminate for convenience under Section 1.13 notwithstanding, TDEM
shall have the right to terminate the Grant Agreement and to recapture, and be reimbursed for any
payments made by TDEM: (i) that are not allowed under applicable laws, rules, and regulations; or (ii) that
are otherwise inconsistent with this Grant Agreement, including any unapproved expenditures.
5.7 Liquidation Period
Grant funds will liquidate 90 calendar days following the project period end date or on December 30, 2020,
whichever is earlier. Funds not obligated by the end of the grant period and not expended by the
liquidation date will revert to TDEM.
5.8 Project Close Out
TDEM will close-out the grant award when it determines that all applicable administrative actions and all
required work of the grant have been completed by the grantee.
The grantee must submit all financial, performance, and other reports as required by the terms and
conditions of the grant award.
The grantee must promptly refund any balances of unobligated cash that TDEM paid in advance or paid and
that are not authorized to be retained by the grantee for use in other projects.
[EXHIBITS AND SIGNATURE PAGE FOLLOWS]
P , 18 1 23
EXHIBIT A - State of Texas Assurances
As the duly authorized representative of Grantee, I certify that Grantee:
1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the grantee's governing
body or of the grantee's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the
third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise
such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of
two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body
member related to such person in the prohibited degree.
2. Shall insure that all information collected, assembled, or maintained by the grantee relative to a project will be available to the public
during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law.
3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies
to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution,
4. Shall comply with Section 231,006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments.
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the grantee is a health,
human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and
human services agency or public safety or law enforcement agency.
6. Shall comply with al rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code,
or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process
of achieving compliance with such rules if the grantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701.
7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state agencies and grantees shall maintain an appropriate contract
administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section -: 36 for additional guidance on
contract provisions).
8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law
enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantee shall also ensure that all
program personnel are properly trained and aware of this requirement.
9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section
504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the
Americans with Disabilities Act of 1990 including Titles 1,11, and III of the Americans with Disability Act which prohibits recipients from
discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C.
§§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s)
which may apply to this Grant.
10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for
federally assisted construction subagreements.
11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L.
91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation
in purchases.
12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees
whose principal employment activities are funded in whole or in part with Federal funds.
13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental
Personnel Act of 1970, as applicable.
Page 19 1 23
EXHIBIT A
14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are
not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency
of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA (EO 11738).
15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law
93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards.
16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air)
Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of
endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205).
17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act
of 1974 (16 U.S.C. §§469a-1 et seq.).
19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the
minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or
exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government
Principals Regarding the Care and Use of Animals.
20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint
in construction or rehabilitation of residential structures.
21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility
used for the provision of services for children.
22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.
23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing
this program.
24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by
any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in
Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at https:;. www.sam.gov;porlal,'public/SAM'.
25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as
required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
26. Shall comply with the Drug -Free Workplace Rules established by the Texas Worker's Compensation Commission effective April 17,
1991.
5'aae 201 23
EXHIBIT A
EXHIBIT B — CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
I, _ Daniel M. Pope am the County Judge, Mayor or City Manager of Lubbock Texas
("County"/"Municipality"), and I certify that:
1. 1 have the authority on behalf of County/Munlcipality 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,
dlv. 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.
By: Daniel
Signature:
Title: Mayor
Date: May 26, 2020
Page 27 1 23
FVWIAIT A
EXHIBIT C - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned grantee, , certifies, to the best of his or her knowledge that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit
Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31 U.S.C. Sec. 1352 (as amended by the Lobbying Disclosure Act of 119). Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
The grantee, , certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, grantee understands and agrees that the provisions of 31 U.S.C.
Sec. 3801 er seq. apply to his certification and disclosure, if any.
Sig 4'1 AA-��
Title: (��)
Date:
EXHIBIT C
Pnge 22 1 23
Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by
them.
State of Texas Assurances, hereinafter referred to as "Exhibit A"
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.
Date:
SIGNATURE PAGE
P -ige 30 1 30
CITY OF LUBBOCK PUBLIC HEALTH EMERGENCY
Lubbock MICROGRANT SUPPORT FUND LUBBOCK
FEM BUSINESS APPLICATION FORM
11 APPLICATION DEADLINE JUNE 16, 2020 5:00pm 11
❑ My annual gross revenue is less than $75,000 ❑ I understand this $4,000 grant is limited to one per business
CHECK ONE: ❑ Sole Proprietor ❑ Partnership C-Carp ❑ LLC ❑ Independent Contractor
BUSINESS LEGAL NAME
BUSINESS PRIMARY ADDRESS
DBA or TRADENAME (if applicable)
BUSINESS TIN (EIN, SSN)
PRIMARY CONTACT
EMAIL ADDRESS
PHONE NUMBER
APPLICANT OWNERSHIP
This program is limited to one grant per business. Owners with 10% or greater ownership stake in multiple businesses may only
receive a grant for one of those businesses.
--TOWNER NAME TITLE OWNERSHIP % I TIN
-- L-- -
ADDRESS
QUESTION
1. Has the Business recently received an SBA Economic Iniury Disaster Loan? If yes, provide
details on a separate sheet. (EIDL)
2. Has the Business recently received an SBA Payroll Protection Program Loan? If yes, provide
on a separate sheet. (PPP)
YES
❑
❑
NO
❑
El
3. Have you received unemployment benefits (UI) since March 14, 2020? ❑ ❑
4. Please state how the Business has been impacted by COVID-19:
5. Is your business located within the city limits of Lubbock?
❑
❑
b. Are you current on both your business and personal property taxes? (lfno, please provide details below):
❑
❑
c�tr•r CITY OF LUBBOCK PUBLIC HEALTH EMERGENCY M A R K E T
Lubbock MICROGRANT SUPPORT FUND LUBBOCK.
111a' BUSINESS APPLICATION FORM
BY SIGNING BELOW, YOU MAKE THE FOLLOWING REPRESENTATIONS, AUTHORIZATIONS, AND CERTIFICATIONS.
REPRESENTATIONS AND AUTHORIZATIONS
I REPRESENT THAT
• I have read the Statements Required by Law and Executive Order included in this form, and I understand them.
• I will comply, whenever applicable, with the civil rights and other limitations in this form.
• All grant proceeds will be used only for lawful business or personal related purposes as specified in the grant application.
• The Applicant is not engaged in any activity that is illegal under federal, state or local law.
• I give my consent for the City of Lubbock and Market Lubbock to have access to my business financial history now in order to
be considered for this grant.
CERTIFICATIONS
The business and each 10% or greater owner must certify in good faith to all of the below by initialing next to each one:
I certify that my business is located within the city limits of Lubbock, Texas.
I certify that I am current on both my business and personal property taxes.
Current economic uncertainty makes this grant request necessary to support the ongoing operations of the Applicant.
The funds will be used for personal income or business operating expenses.
During the period beginning on June 9, 2020 and ending on July 31, 2020, the Applicant has not and will not receive another
grant under this program.
I further cert,fy and swear that the information provided in this application and the information that I have provided in all
supporting documents and forms is true and accurate.
I acknowledge that the City of Lubbock and Market Lubbock will assess the eligible grant amount using tax documents I have
submitted. I affirm that these tax documents are identical to those I submitted to the IRS.
Signature of Authorized Representative of Business Date
(Please include one year of the most recent business federal income tax returns)
1. EMAIL TO: info@supportlubbock.org
2: DROP OFF: Wells Fargo Center 11500 Broadway 16th floor I Lubbock, Texas 79401
3. MAIL TO: Wells Fargo Center 11500 Broadway 16th floor I Lubbock, Texas 79401
CITY OF LUBBOCK PUBLIC HEALTH EMERGENCY
Lubbock MICROGRANT SUPPORT FUND LUBBOCK_
PEILI INDIVIDUAL APPLICATION FORM
11 APPLICATION DEADLINE JUNE 16, 2020 5:00pm !!
❑ My annual gross income is less than $75,000 ❑I understand this $4,000 grant is limited to one per individual
CHECK ONE: [:]Sole Proprietor ❑ Partnership C-Corp ❑ LLC ❑ Independent Contractor
APPLICANT LEGAL NAME
EMAIL ADDRESS
APPLICANT PRIMARY ADDRESS I PHONE NUMBER
SOCIAL SECURITY NUMBER
APPLICANT EMPLOYMENT
CURRENT OR FORMER EMPLOYER 3 EMPLOYER PHONE NUMBER
i
EMPLOYER EMAIL (if known) BUSINESS ADDRESS WHERE YOU WORKED
(Must be in the city limits of Lubbock)
I
QUESTION YES NO
1. Were you employed March 14, 2020? ❑ ❑
2. Was your income reduced as a result of the public health emergency? ❑ ❑
3. Was your position eliminated as a result of the public health emergency? ❑ ❑
4. Have you received unemployment benefits (UI) since March 14, 2020? ❑ ❑
5. Please state how you have been impacted by COVID-19:
6. Do you reside within the city limits of Lubbock? ❑ ❑
7. Are you current on your personal property taxes? (if no, please provide details below). ❑ ❑
Lubbock
CITY OF LUBBOCK PUBLIC HEALTH EMERGENCY
MICROGRANT SUPPORT FUND
INDIVIDUAL APPLICATION FORM
LUBBOCK_
BY SIGNING BELOW, YOU MAKE THE FOLLOWING REPRESENTATIONS, AUTHORIZATIONS, AND CERTIFICATIONS.
REPRESENTATIONS AND AUTHORIZATIONS
I REPRESENT THAT:
• I have read the Statements Required by Law and Executive Order included in this form, and I understand them.
• I will comply, whenever applicable, with the civil rights and other limitations in this form.
• All grant proceeds will be used only for lawful or personal related purposes as specified in the grant application.
• The Applicant is not engaged in any activity that is illegal under federal, state or local law.
• I give my consent for the City of Lubbock and Market Lubbock to have access to my personal financial history now in order to
be considered for this grant.
CERTIFICATIONS - Please initial next to each one.
I certify in good faith to all of the below:
certify that my residence is located within the city limits of Lubbock, Texas.
I certify that I am current on my personal property taxes.
Current economic uncertainty makes this grant request necessary to support the ongo;ng operations of the Applicant.
The funds will be used for personal income expenses.
During the period beginning on June 9, 2020 and ending on July 31, 2020, the Applicant has not and will not receive another
grant under this program.
I further certify and swear that the information provided in this application and the information that 1 have provided in all
supporting documents and forms is true and accurate.
I acknowledge that the City of Lubbock and Market Lubbock will assess the eligible grant amount using tax documents I have
submitted. I affirm that these tax documents are identical to those I submitted to the IRS.
Signature of Applicant
Date
(Please include one year of the most recent business federal income tax returns)
1. EMAIL TO: info@supportJubbock.org
2: DROP OFF: Wells Fargo Center 11500 Broadway 16th floor I Lubbock, Texas 79401
3. MAIL TO: Wells Fargo Center 11500 Broadway 16th floor I Lubbock, Texas 79401
Resolution No. 2020-RO 191
CORONAVIRUS RELIEF FUND (CRF) FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK
AND
LUBBOCK HOUSING FINANCE CORPORATION
CRF MORTGAGE ASSISTANCE
This Coronavirus Relief Fund (CRF) Funding Agreement (the "Agreement"), Contract No. 15359,
is made by and between the City of Lubbock, a State of Texas home rule municipal corporation (the
"City") and the LUBBOCK HOUSING FINANCE CORPORATION, (the "Grantee"), (each a
"Party," and collectively the "Parties") acting by and through the Parties' representative officers and
officials, and is hereby entered into by the Parties on this 9th day of June, 2020 (the "Effective
Date").
CRF PROGRAM SPECIFIC RECITALS
WHEREAS, attached hereto as Exhibit B is a document captioned "Coronavirus Relief Fund (CRF)
Terms and Conditions of the Texas Division of Emergency Management," containing the terms and
conditions applicable to payments distributed in the forms of grants to local units of governments
from the Coronavirus Aid Relief Fund, which is applicable to a grant which the City has been
awarded for certain eligible expenses under the Coronavirus Relief Fund;
WHEREAS, pursuant to the Coronavirus Relief Fund Terms and Conditions, and as established
within section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid,
Relief, and Economic Security Act (the "CARES Act"), Coronavirus Relief Fund (CRF) Program
payments shall only be used to cover costs that:
a) are necessary expenditures incurred due to the public health emergency with respect to
the COVID-19 public health emergency; and
b) were not accounted for in the City of Lubbock's budget most recently approved as of
March 27, 2020 (the date of enactment of the CARES Act), meaning that either (a) the
cost cannot lawfully be funded using a line item, allotment, or allocation within that
budget or (b) the cost is for a substantially different use from any expected use of funds
in such a line item, allotment, or allocation; and
c) were incurred during the period that begins on March 1, 2020, and ends on December
30, 2020.
WHEREAS, the "most recently approved" budget refers to the City's enacted budget for the
relevant fiscal period, without taking into account subsequent supplemental appropriations enacted
or other budgetary adjustments made by the City in response to the COVID-19 public health
emergency;
WHEREAS, a cost is not considered to have been accounted for in the City's budget merely because
it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account;
WHEREAS, CRF Program payments shall be used only for actions taken to respond to the COVID-
19 public health emergency, including expenditures incurred to respond to second -order effects of
the emergency, including providing economic support to those suffering from employment or
business interruptions due to COVID-19-related business closures;
WHEREAS, CRF Program payments shall not be used to fill shortfalls in government revenue to
cover expenditures that would not otherwise qualify under the statute;
WHEREAS, the City of Lubbock's CRF Programs are necessary to assist individuals and families
in recovering from the direct economic impact of the COVID-19 public health emergency, and that
the expenses funded by these Programs meet the requirements set forth in section 601(d) of the
Social Security Act, and are therefore eligible expenses;
WHEREAS, providing a consumer grant program to prevent eviction and to assist in preventing
homelessness are necessary expenses incurred due to the COVID-19 public health emergency; and
that such grants meet the other requirements for the use of Coronavirus Relief Fund payments under
section 601(d) of the Social Security Act;
WHEREAS, providing assistance to recipients solely to enable them to meet property tax
requirements is not an eligible use of CRF Program funds; however, exceptions may be made if the
assistance is designed to prevent foreclosures caused by a loss of income due to the COVID-19
public health emergency;
WHEREAS, providing emergency financial assistance to small businesses, individuals and families
directly impacted by a loss of income due to the COVID-19 public health emergency is a necessary
expenditure, including programs to assist:
a) individuals with payment of overdue rent payments to avoid eviction or foreclosure;
b) individuals with payment of overdue mortgage payments to avoid eviction or
foreclosure;
c) individuals facing economic hardship to allow them to pay their utility fees and thereby
continue to receive essential services; provided that fund payments subsidize individual
account holders (and are not paid directly to a governmental entity as revenue
replacement, including the replacement of unpaid utility fees) and are necessary due to
the COVID-19 public health emergency;
d) individuals directly impacted by a loss of income due to the COVID-19 public health
emergency with emergency financial assistance in the form of child care vouchers;
e) small businesses and independent contractors to offset the costs of business interruption
caused by closures required by the COVID-19 public health emergency;
f) small businesses and independent contractors not subject to a "stay-at-home" order if the
business closed voluntarily to promote social distancing measures; and
g) small businesses and independent contractors not subject to a "stay-at-home" order if the
business closed due to decreased customer demand as a result of the COVID-19 public
health emergency.
WHEREAS, the City wishes to enter into this Agreement with the Grantee in order to have the
Grantee provide assistance to the City in carrying out one of the purposes for which the City has
received its grant, that being the provision of mortgage expense assistance;
WHEREAS, as a contractor to the City for the provision of such mortgage expense assistance as a
part of the City's Coronavirus Relief Fund (CRF) program, the Grantee is obligated to do and
perform certain services in its undertaking of a Coronavirus Relief Fund (CRF) program pursuant
to the Coronavirus Relief Fund Terms and Conditions, promulgated by the Texas Division of
Emergency Management; and
WHEREAS, the Grantee and the services it provides have been found to meet the criteria for
funding under provision of the Coronavirus Relief Fund Terms and Conditions, promulgated by the
Texas Division of Emergency Management.
GENERAL RECITALS
WHEREAS, the Grantee operates a non-profit center offering services to businesses, families, and
individuals throughout Lubbock County, Texas; and
WHEREAS, the Grantee proposes to use the funds in order to provide individuals and families
assistance with mortgage expense assistance (the "Program") in cooperation with the City, with
the responsibilities of each party for the Program being as outlined in Exhibit A attached hereto;
and
WHEREAS, the Grantee's services benefit residents in and around Lubbock, Texas and constitute
a valuable public service, and the City Council of the City (the "City Council") has declared the
services provided by the City to be a public purpose; and
WHEREAS, the accomplishment of the above public purpose is the predominate purpose of this
Agreement; and
WHEREAS, the continuing supervision by the City and State together with statutory and
contractual requirements provide sufficient assurance that the public purpose of this Agreement will
be accomplished; and
WHEREAS, the City Council has found that the Grantee has the special expertise, knowledge, and
experience necessary for the operation of the Program; and, that the City will receive adequate
consideration in the form of substantial public benefit; and NOW, THEREFORE:
THE PARTIES, FOR GOOD AND VALUABLE CONSIDERATION, AGREE AS
FOLLOWS:
Article 1. SCOPE OF SERVICE
A. The City's Responsibilities
The City agrees to provide the Grantee with funding provided by the State of Texas pursuant
to the Coronavirus Relief Fund established within section 601 of the Social Security Act, as
added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (the
"CARES Act"), not to exceed the amount as stated in the attached EXHIBIT A, to be
distributed by Grantee to qualified recipients identified by the City as more fully described
on EXHIBIT A and used according to the provisions of this Agreement.
2. The Funding and performance of the City services identified on EXHIBIT A will be Iimited
to the City's performance of the Program, including the satisfaction of expenses incurred by
the City in its performance of the Program.
The City's awarding of the Funding under this Agreement is contingent upon the City's
receipt of adequate funds to meet the City's liabilities under this Agreement. If adequate
funds are not made available to the City so that it cannot award the Funding, then the City
shall notify the Grantee in writing within a reasonable time after such fact is determined,
the City shall terminate this Agreement, and the City will not be directly or indirectly liable
for failure to award the Funding to the Grantee under this Agreement.
4. The City shall not be liable to the Grantee for any cost incurred by the Grantee which has
been paid to the Grantee, which is subject to be paid to the Grantee, which has been
reimbursed to the Grantee, or which is subject to reimbursement to the Grantee by any source
other than the City.
S. The City shall not be liable for any cost incurred by the Grantee, which is not an allowable
cost as set forth in this Agreement or under the Coronavirus Relief Fund Terms and
Conditions.
6. The City shall not be liable to the Grantee for any cost incurred by the Grantee or for any
performance rendered by the Grantee, which is not strictly in accordance with the terms of
this Agreement, including the Coronavirus Relief Fund Terms and Conditions.
7. The City shall not be liable to the Grantee for any cost incurred by the Grantee in the
performance of this Agreement, which has not been billed to the City by the Grantee within
sixty (64) days following the termination of this Agreement.
8. The City shall not be liable for any cost incurred or performance rendered by the Grantee
before the commencement or after termination of this Agreement.
9. The City may, at its sole discretion and convenience, review any work specifications prior
to the beginning of a procurement process under this Agreement, and the City may inspect
any construction for compliance with work specifications prior to the release of the Funding.
B. The Grantee's Responsibilities
1. The Grantee will be responsible for administering the Program in a manner satisfactory to
the City and in compliance with this Agreement and with any and all statutory standards
related to the Funding; provided that the Grantee will have no responsibility for the activities
to be carried out by the City for identifying qualified recipients of the Funding.
2. The Grantee certifies that all of its activities carried out for the Program through the Funding
will satisfy the Coronavirus Relief Fund Terms and Conditions, which are attached as
EXHIBIT B and incorporated herein by reference. The Grantee agrees to repay any and all
of the Funding that does not satisfy the regulations required under this provision.
4
3. The Grantee shall perform all activities related to the Program in accordance with its budget;
all applicable laws and regulations; and, with the assurance, certifications, and all other
terms, provisions, and requirements set forth in this Agreement.
4. Upon the City's request, while this Agreement is in effect, the Grantee shall submit to the
City any and all reports, documents, or information on the Grantee's performance of the
Funding or the Program contemplated under this Agreement.
In addition to the limitations on liability otherwise specified in this Agreement, it is
expressly understood and agreed to by the Parties that if the Grantee fails to submit to the
City in a timely and satisfactory manner any reports, documents, or information requested
by the City under this Agreement, the City may, at its sole discretion, withhold all, or any
part of, the Funding. If the City withholds all or any part of, the Funding, it shall notify the
Grantee in writing of its decision and the reasons therefor. Any Funding withheld pursuant
to this paragraph may be held by the City until such time as the obligations for which the
Funding is being withheld is fulfilled by the Grantee to the satisfaction of the City.
6. The Grantee shall refund to the City any Funding that has been paid to the Grantee by the
City for which the City determines is a result of overpayment of the Funding to the Grantee,
or for which the City determines any of the Funding has not been spent by the Grantee
strictly in accordance with the terms of this Agreement. Such refund shall be made by the
Grantee to the City within thirty (30) working days after such refund is requested by the
City.
7. The Grantee will certify eligibility by completion of Self Certification form to verify
participant eligibility in the Program.
8. The Grantee agrees that any interests or assets obtained with the Funding shall revert back
to the City in the event that the Grantee dissolves, files for bankruptcy, or goes out of
business for any reason.
C. Performance Monitoring
1. General Monitoring. The City will monitor the Grantee's performance under this
Agreement in order to ensure that the Grantee complies with the terms of this Agreement,
all other applicable laws and regulations related to this Agreement, and the Funding
provided through this Agreement (the Monitoring"). The Monitoring will be based on a risk
analysis and a monitoring plan developed at the beginning of the contract term, and will
take place on a monthly and quarterly basis as described below. Substandard performance
as determined by the City will constitute non-compliance with this Agreement. If action to
correct such substandard performance is not taken by the Grantee within a reasonable period
of time after being notified by the Grantee in writing, the City may suspend or terminate
this Agreement.
2.On-site Monitoring. The number of on -site Monitoring visits will be determined by the City.
The City will send a Monitoring notification letter sent to the Grantee at least fifteen (15)
days before a Monitoring visit. The City must provide a written response to the Monitoring
report within thirty (30) days that describes how the City will resolve the issues raised by
the City in the Monitoring report. The Grantee must confirm receipt of the Monitoring
report within thirty (30) days if no actionable issues were identified in the Monitoring
report. The City reserves the right to conduct a spot check of Grantee's facility where
program takes place, at any given time without notice.
Article 2. TIME OF PERFORMANCE
Services of the Grantee shall start on June 9, 2020, and end on January 31, 2021(the "Term") for
eligible expenses incurred during the period that begins on March 1, 2020, and ends on December
30, 2020. The Term and the provisions of this Agreement shall be extended to cover any additional
time period during which the City remains in control of the Funding or other CRF assets, including
income from the Program. The end date for the Agreement may be extended by the Parties, by
mutual agreement, to permit for final reporting and close out.
Article 3. BUDGET
The Funding made available to the Grantee under this Agreement shall be specifically drawn from
the sources listed in this section (the "Budget"). The Funding made available to the Grantee under
this Agreement shall be drawn from several allocations by the State of Texas to the City, including
allocations which come in different fiscal years, as set forth in EXHIBIT A, and pursuant to the
Coronavirus Relief Fund Terms and Conditions and the Coronavirus Relief Fund established within
section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and
Economic Security Act, The City reserves the right to reallocate funding between and among the
various CRF Programs, and all amounts shown for this Program described in EXHIBIT A are
subject to change.
Article 4. PAYMENT
A. The Payment
The Funding shall be disbursed on a monthly basis based on the Grantee's submission to the City
of a written request for reimbursement, with such request being in a form acceptable to the City (the
"Payment"). Expenses eligible for Payment to the Grantee by the City shall be those expenses that
have been incurred or paid for by the Grantee prior to the Grantee's submission to the City of a
request for Payment. In its request to the City for the Payment, the Grantee shall submit detailed
documentation to the City that clearly shows the source of the expenses incurred or paid for by the
Grantee that are the subject of the Grantee's request for Payment. Such source documentation
includes, but is not limited to, time sheets, paycheck stubs, receipts, invoices, billing statements, or
other verification in support of all expenditures incurred by the Grantee in its performance of the
Program.
B. Not To Exceed
The total amount of the Funding to be paid by the City under this Agreement shall not exceed the
amount as stated in the attached EXHIBIT A for the Project. Any drawdowns on the Payment and
any expenses for the general administration of the Program shall be made against the line item
budgets specified in this Agreement and in accordance with the Grantee's performance of Program.
6
Article 5. GENERAL CONDITIONS
A. General Compliance
1. The Grantee agrees to comply with the requirements of the Coronavirus Relief Fund Terms and
Conditions and the Coronavirus Relief Fund established within section 601 of the Social
Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security
Act.
2. The Grantee also agrees to comply with all other applicable Federal, State and local laws,
regulations, and policies governing the Funding provided under this Agreement. The Grantee
further agrees to utilize the Funding under this agreement to supplement, rather than supplant,
funds otherwise available.
3. The Grantee shall comply with all applicable Federal laws, regulations, and requirements and
all provisions of this Agreement, which include compliance with the provisions of the
Coronavirus Relief Fund Terms and Conditions, and all rules, regulations, guidelines, and
circulars promulgated by the various State and Federal departments, agencies, administrations,
and commissions relating to the CRF Program.
B. "Independent Contractor"
Nothing contained in this Agreement is intended, or shall be construed in any manner, to create or
establish the relationship of employer and employee between the Parties. The Grantee shall at all
times remain an "independent contractor" with respect to the services to be performed under this
Agreement. The City shall be exempt from payment of all Unemployment Compensation, FICA,
retirement, life, medical insurance, and Workers' Compensation insurance as the Grantee is an
independent contractor.
C. Indemnity and Release
1. THE GRANTEE SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST
EXTENT PERMITTED BY LAW, THE CITY, AND THE CITY'S RESPECTIVE
OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND AGENTS, FROM AND
AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, OR LIABILITIES, OF ANY
KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE
RELATED, IN ANY WAY, MANNER, OR FORM, TO THE GRANTEE'S ACTIVITIES
CONTEMPLATED HEREUNDER; PROVIDED THAT NOTHING CONTAINED
HEREIN SHALL CONSTITUTE AN INDEMNITY ON THE PART OF THE GRANTEE
FOR ANY LOSSES, CLAIMS, OR LIABILITY OF ANY HIND OR NATURE WHICH ARISE
DIRECTLY OR INDIRECTLY OR ARE RELATED, IN ANY WAY, MANNER OR FORM,
TO THE CITY'S ACTIVITIES CONTEMPLATED HEREUNDER
2. THE GRANTEE SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE OFFICERS,
EMPLOYEES, ELECTED OFFICIALS, AND OR AGENTS, AS APPLICABLE, ALL
ATTORNEYS' FEES INCURRED BY ENFORCING THE GRANTEE'S INDEMNITY
HEREIN.
3. THE GRANTEE, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED
OFFICIALS, AND AGENTS SHALL NOT BE LIABLE, AND THE GRANTEE
HEREBY RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS,
EMPLOYEES, ELECTED OFFICIALS, AND AGENTS, FOR, FROM, AND AGAINST
ANY LOSSES, DAMAGES, CLAIMS, OR LIABILITIES TO THE GRANTEE ARISING
DIRECTLY OR INDIRECTLY, OR RELATED IN ANY WAY, MANNER OR FORM, TO
THE GRANTEE'S ACTIVITIES CONTEMPLATED HEREUNDER
4. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THIS
AGREEMENT.
D. Right to Exercise
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative
and not exclusive, and may be exercised concurrently. To the extent of any conflict between this
provision and another provision in, or related to, this Agreement, the former shall control.
E. Workers' Compensation
If applicable, the Grantee shall provide Workers' Compensation insurance coverage for all of its
employees involved in the performance of this Agreement.
F. Insurance and Bonding
The Grantee shall carry sufficient insurance coverage to protect Program assets from loss due to
theft, fraud, and/or or undue physical damage, and as a minimum, shall purchase a blanket fidelity
bond covering all employees in an amount equal to cash advances from the City.
G. Grantor Recognition
The Grantee shall insure recognition of the role of the grantor agency in providing services through
this Agreement. All activities, facilities, and items utilized pursuant to this Agreement shall be
prominently labeled as to the Funding source. In addition, the Grantee will include a reference to
the Funding in all publications made possible under this Agreement.
H. Amendments
1. The City or the Grantee may amend this Agreement at any time, provided that such amendments
make specific reference to this Agreement and are executed in writing, signed by a duly
authorized representative of both Parties. Such amendments shall neither invalidate this
Agreement nor relieve or release the City or the Grantee from its obligations under this
Agreement.
2. The City may, in its discretion, amend this Agreement to conform with Federal, State, or local
governmental guidelines, policies, and available funding amounts, or for any other reason. If
such amendments result in a change in the Funding, the scope of services, or the schedule of
the activities to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both Parties.
I. Suspension or Termination
Either Party may terminate this Agreement by giving written notice to the other Party of such
termination, and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. Partial termination of this Agreement may only be
undertaken with the prior approval of the City. In the event of any termination for
convenience, all finished or unfinished documents, data, studies, surveys, maps, models,
photographs, reports, or other materials prepared by the Grantee under this Agreement shall,
at the option of the City, become the property of the City, and the Grantee shall be entitled
to receive just and equitable compensation for any work completed on such documents or
materials prior to the termination.
2. The City may terminate this agreement if the Grantee fails to comply with any terms of
this Agreement, whole or in part which include (but are not limited to) the following:
a) Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statutes, regulations, executive orders and the Coronavirus Relief Fund Terms and
Conditions, as may become applicable at any time;
b) Failure, for any reason, of the Grantee to fulfil in a timely and proper manner its
obligations under this Agreement;
c) Ineffective or improper use of CRF funds provided under this agreement; or
d) Submission by the Grantee to the City of reports that are incorrect or incomplete in any
material respect.
3. The City may suspend or terminate this Agreement if the City reasonably believes that the
Grantee is in noncompliance with any requirement of this Agreement, then the City may
withhold up to fifteen percent (15%) of the Funding until such time as the Grantee is found
to be, or is otherwise adjudicated, to be in compliance.
4. The City may terminate this Agreement in the event of an emergency or disaster, whether,
an act of God, natural or manmade, by giving twenty-four (24) hour notice. The City may
give said notice verbally to the Grantee. Any expenditure incurred prior to receiving notice
will be reimbursed; however, in no event shall the City pay any expenses incurred after
notice of termination is received by the Grantee.
Article 6. ADNHNISTRATIVE REOUIREMENTS
A. Financial Management
1. Accounting Standards. The Grantee agrees to comply with the Coronavirus Relief Fund
Terms and Conditions, and agrees to adhere to the accounting principles and procedures
required therein, utilize adequate internal controls, and to maintain necessary source
documentation for all costs incurred under this Agreement.
2. Cost Principles. To the extent that the Coronavirus Relief Fund Terms and Conditions do not
provide guidance or clarity, the Grantee shall administer its program in conformance with the
fiscal policies, practices, and directives of the City of Lubbock, which shall be applied to all
direct or indirect costs incurred by the Grantee under this Agreement.
B. Documentation and Record -Keeping
1. Records to be Maintained. The Grantee shall maintain all records required by the Coronavirus
Relief Fund Terms and Conditions that are pertinent to the activities to be funded under this
Agreement. Such records shall include but not be limited to:
a) Records demonstrating that each activity meets the CRF Program guidelines or
requirements;
b) Records required to determine the eligibility of activities;
c) Financial records;
2. Retention. The Grantee shall retain all financial records, supporting documents and all records
pertinent to the Agreement for a period of no less than five (5) years from the date of the
conclusion of this Program. Notwithstanding the above, if there is any litigation, claim, audit,
negotiation or other action that involves any of the records cited herein and that has started
before the expiration of the five (5) year period, then such records must be retained until the
completion of the actions and resolution of all issues, or the expiration of the five (5) year
period, whichever occurs later.
Client Data. The Grantee shall maintain client data that demonstrates its client eligibility for
the Funding and services provided under this Agreement. Such data shall include, but not be
limited to: client name or identifier; client address; client income level; age, gender, race,
ethnicity or other determination of client eligibility; and, a description of the service
provided to the client related to this Agreement. Such information shall be made available
to the City for review upon request.
4. Disclosure. The Grantee understands that client information collected under this Agreement
is private, and the use or disclosure of such information, when not directly connected with
the administration of the City or Grantee's responsibilities related to this Agreement, is
prohibited unless written consent is obtained from such client receiving service(s) and in the
case of a minor, that of a responsible parent or guardian, unless otherwise required by law.
10
5. Close -Outs. The Grantee's obligation to the City under this Agreement shall not end until all
close-out requirements under this Agreement are completed pursuant to applicable Federal
regulations and law. Activities during this close-out period shall include, but are not limited
to: making final payments; disposing of Program assets (including the return of all unused
materials, equipment, unspent cash advances, Program income balances, and accounts
receivable to the City); final close-out reports; and, determining the custodianship of records.
Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any
period that the City has control of the CRF funds, including program income.
6. Audits & Inspections. All of the Grantee's records related to this Agreement shall be made
available at any time during normal business hours as often as the City or its designee deems
necessary to monitor, audit (if required), examine, or make excerpts or transcripts of any
data relevant to this Agreement in order for the City to produce an audit report. Any
deficiencies noted in an audit report must be fully cleared by the Grantee within thirty (30)
days after receipt by the City. Failure of the Grantee to comply with the above audit
requirements will constitute a violation of this Agreement and may result in the withholding
of Funding. The Grantee hereby agrees to have an annual internal audit conducted in
accordance with current City policy concerning Grantee audits and, if required, a regular
audit under the Coronavirus Relief Fund Terms and Conditions.
C. Reporting and Payment Procedures
1. Payment Procedures. The City will pay to the Grantee Funds based upon information
submitted by the Grantee and consistent with any approved budget and City policy
concerning the Payments. Payment will be made for eligible expenses actually incurred by
the Grantee, and not to exceed actual cash requirements. Payments will be adjusted by the
City in accordance with advance fund and program income balances available in the
Grantee's accounts. in addition, the City reserves the right to liquidate any part of the
Funding for costs incurred by the City on behalf of the Grantee.
2. Performance and Financial Reports. Throughout the Term, the Grantee shall submit
monthly reports to the City, in a format, content and frequency as required by the City. A
monthly Performance Report, a Financial Report, and a narrative for the Grantee's Program
activity and shall include the amount of all of the Grantee's expenditures for each of its
Program activities. The Grantee shall submit such reports, demographics and narratives no
later than the tenth (I 0ffi) day of each month. The End of Year report is due no later than
October 10 following any fiscal year during which the Program remains in effect. Reporting
will continue from the start of Program activity through the end of the Program year.
D. Procurement
Compliance. The Grantee shall comply with the Coronavirus Relief Fund Terms and Conditions
and the City's policies concerning the purchase of equipment and shall maintain inventory
records of all non -expendable personal property procured with CRF funds. All Program assets
purchased with Funding, including unexpended program income, property, or equipment, shall
revert to the City upon the termination of this Agreement.
11
1. CRF Standards. Unless specified otherwise within this Agreement, the Grantee shall
procure all materials, property, or services in accordance with the requirements of the
Coronavirus Relief Fund Terms and Conditions and the policies of the City.
2. Travel. The Grantee shall obtain written approval from the City for any travel outside
the metropolitan area that is financed in any way through the Funding under this
Agreement.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall comply
with the requirements of the Coronavirus Relief Fund Terms and Conditions, as applicable,
which include but are not limited to the following:
1. Any Subrecipient used by the Grantee shall transfer to the Grantee all CRF funds on
hand and any accounts receivable attributable to the use of the Funding under this
Agreement at the time of expiration, cancellation, or termination of this Agreement.
2. In all cases in which equipment acquired, in whole or in part, with the CRF Funding under
this Agreement is sold, the proceeds shall be Program income to reflect the extent that
funds received under this Agreement were used to acquire the equipment. Equipment not
needed by the Grantee for activities under this Agreement shall be (a) transferred to the
City for the CRF program, or (b) retained after compensating the City for an amount equal
to the current fair market value of the equipment less the percentage of any non-CRF funds
used to acquire the equipment.
Article 7. PERSONNEL & PARTICIPANT CONDITIONS
A. Compliance With Laws
Compliance, The Grantee agrees to comply, and to require its subcontractors to comply,
with the Coronavirus Relief Fund Terms and Conditions, and all federal, state, and local
laws, ordinances, executive orders, and declarations, including those related to:
a) non-discrimination in employment and contracting opportunities laws, regulations
and executive orders;
b) land covenants;
c) laws prohibiting discrimination against the individuals with disabilities or
handicaps under state or federal law;
d) maintenance of a report that documents the race and ethnicity of its employees; and
e) maintenance of current copies of its fair housing and equal opportunity policies.
B. Affirmative Action
Approved Plan. The Grantee agrees they shall be committed to carry out pursuant to the City's
specifications an Affirmative Action Program in keeping with the principles as provided in the
President's Executive Order 11246 of September 24, 1965. If the Grantee receives Federal
funds through the City, then the Grantee shall be required to develop a written Affirmative
Action Program to insure that equal opportunity is provided in all aspects of its employment.
12
Women- and Minority -Owned Business (W/MBE). The Grantee will use its best efforts to
afford small businesses, minority- and women -owned business enterprises and women's
business enterprises the maximum practicable opportunity to participate in the performance
of this Agreement. The terms "small business" means a business that meets the criteria set
forth in section 3(a) of the Small Business Act, as amended (15 U.S.0 632), and "minority
and female business enterprise" means a business at least fifty-one percent (51%) owned and
controlled by minority group members or women. For the purpose of the term "minority
group members" means Afro-Americans, Spanish-speaking, Spanish-sumamed or Spanish -
heritage Americans, Asian -Americans, and American Indians. The City Grantee may rely on
written representations by businesses regarding their status as minority- and women -owned
business enterprises in lieu of an independent investigation.
2. Access to Records. The City shall fumish and cause any Grantee or subcontractor to famish
all information and reports required hereunder and will permit access to its books, records,
and accounts by the City, or its agent, or other authorized Federal officials for purposes of
investigation to ascertain compliance with the rules, regulations, and provisions stated
herein.
3. Notifications. The City will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a notice,
to be provided by the agency contracting officer, advising the labor union or worker's
representative of the City's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
4. Subcontract Provisions. The City will include the provisions of the Civil Rights and
Affirmative Action sections of this Agreement, in every subcontract or purchase order,
specifically or by reference, so that such provisions will be binding upon each Grantee or
subcontractor.
C. Employment Restrictions
1. Prohibited Activity. The Grantee is prohibited from using the Funding provided herein or
personnel employed in the administration of the Program for political activities, inherently
religious activities; sectarian activity, religious activity, lobbying, political patronage, or
nepotism.
2. Labor Standards. The Grantee agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work
Hours and Safety Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 327 et seq.)
and all other applicable Federal, State, and local laws and regulations pertaining to labor
standards insofar as those acts apply to the performance of this Agreement. The Grantee
agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and it's
implementing regulations of the U. S. Department of Labor Act at 29 CFR Part 5. The Grantee
shall maintain documentation that demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be made available to the City for review
upon request.
13
D. Assignability
The Grantee shall not assign or transfer any interest in this Agreement without the prior written
consent of the City. Claims for money due or to become due to the City from the Grantee under
this Agreement may be assigned to a bank, trust company, or other financial institution without
such approval. Notice of any such assignment or transfer shall be furnished promptly to the City.
E. Subcontracts
1. Approvals. The Grantee shall not enter into any subcontracts with any agency or individual
in the performance of this Agreement without the written consent of the City prior to the
execution of such subcontract.
2. Monitoring. The City will monitor the performance of the Grantee. All subcontracted
services on a risk analysis basis to assure contract compliance. Results of monitoring efforts
shall be summarized in written reports and supported with documented evidence of follow-
up actions taken to correct areas of noncompliance. Substandard performance as determined
by the City will constitute noncompliance with this agreement. If action to correct such
substandard performance is not taken by the Grantee within a reasonable time after being
notified, Agreement suspension or termination will take place.
3. Content. The Grantee shall cause all of the provisions of this Agreement in its entirety to be
included in and made a part of any subcontract executed in the performance of this
Agreement.
4. Suspension and Debarment. The Grantee shall not enter into any subcontracts with an agency,
business, or individual that has been suspended, debarred, or otherwise excluded from Federal
grants. The Grantee shall maintain records demonstrating that it has reviewed potential
subcontractors against the debarred and excluded list prior to committing any of the Funding
to a subcontract.
F. Hatch Act
The Grantee agrees that no Funding or personnel employed under this Agreement shall be in
any way or to any extent engaged in the conduct of political activities in violation of Chapter 15
of Title V U.S.C.
G. Conflict of Interest
The Grantee agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include but
are not limited to:
1. The Grantee shall maintain a written code of conduct to govern the performance of its officers,
employees or agents engaged in the award and administration of contracts supported by Federal
funds.
14
2. No covered persons who exercise or have exercised any functions or responsibilities with respect
to the CRF Program, or who are in a position to participate in a decision -making process or gain
inside information with regard to such program activities, may obtain a financial interest in any
contract, or have a financial interest in any contract, subcontract, or agreement with respect to
the CRF Program, or with respect to the proceeds from the CRF Program, either for themselves
or those with whom they have business or immediate family ties, during their tenure or for a
period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any
person who is an employee, agent, consultant, officer, or elected or appointed official of the
City, the Grantee, or any designated public agency.
H. Lobbying
The Grantee hereby certifies that:
1. No CRF Program funds have been paid or will be paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, any elected official,
any officer or employee of an elected official, or any employee of an elected official in
connection with the awarding of any CRF Program contract, the making of any CRF Program
grant, the making of any CRF Program loan, the entering into of any CRF Program cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any CRF
Program contract, grant, loan, or cooperative agreement;
2. If any funds other than CRF Program appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, any
elected official, any officer or employee of an elected official, or any employee of an elected
official in connection with a CRF Program contract, grant, loan, or cooperative agreement, it
will notify the City of such payment(s).
3. It will require that this Agreement be included in the award documents for all subawards at all
tiers, including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements, and that all Subrecipients shall certify and disclose accordingly.
I. Copyright
If this Agreement results in any copyrightable material or inventions, the City reserves the right to
royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use and to
authorize others to use, the work or materials for government purposes.
J. Religious Organization
The Grantee agrees that the Funding provided under this Agreement will not be utilized for
religious activities, to promote religious interests, or for the benefit of a religious organization, such
as worship, religious instruction or proselytization.
Article S. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.
15
Article 9. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
Article 10. WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to
act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce
any right or provision shall not constitute a waiver of such right or provision.
Article 11. CHAPTER 2270, SUBTITLE F, TITLE 10, TEXAS GOVERNMENT CODE
The City warrants that it is in compliance with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying that it does not boycott Israel, and that it will not boycott Israel
during the term of this Agreement.
Article 12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties for the use of funds received
under this Agreement and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between the City and the Grantee, and any
Subrecipient, with respect to this Agreement.
IN WITNESS HEREOF, THE PARTIES HAVE EXECUTED AND ENTER INTO THIS AGREEMENT ON THE
EFFECTIVE DATE
[Execution Page to Follow]
16
16
EXECUTION
DATE: June 9, 2020
FOR: THE CITY OF LUBBOCK
DANIEL M. POPE, MAYOR
ATTEST:
F,e cca aria, City ecre y
APPROVED AS TO CONTENT:
Kwjrlj�
Karen Mur ee, Connnunity Deve o ment Director
APPROVED AS TO FORM:
it
DATE:
FOR: LUBBOCK HOUSING FINANCE
CORPORATION
61-1fri Flynn, ExecutivelDirector
FED. Tax I.D. # 7 -�'- / P ?9a 1 7
EXHIBIT A
Coronavirus Relief Fund (CRF) Mortgage Assistance Program
To: Lubbock Housing Finance Corporation
3212 Avenue Q
Lubbock, TX 79411
Attn: Shari Flynn, Executive Director
From: City of Lubbock
1314 Avenue K
PO Box 2000
Lubbock, TX 79457
Attn: Karen Murfee, Director of Community Development
Re: Coronavirus Relief Fund (CRF)
Mortgage Assistance Program Agreement
Program Title and Administration
The Lubbock Housing Finance Corporation (Grantee) will be responsible for
administering a Coronavirus Relief Fund (CRF) Program entitled the Mortgage Assistance
Program, pursuant to Coronavirus Relief Fund Terms and Conditions, promulgated by the
Texas Division of Emergency Management, and the Coronavirus Relief Fund established
within section 601 of the Social Security Act, as added by section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act (the "CARES Act"), said Funding to be distributed
and used to provide Mortgage Assistance Program in according to the provisions of this
Agreement.
Budget
The budget for this program is five hundred thousand dollars $500,000.
Term
The term of this Agreement is from June 9, 2020 to December 30, 2020 for eligible
expenses incurred during the period that begins on March 1, 2020, and ends on December
30, 2020.
Scope of Services
This program will assist individuals and families, who have been financially impacted
by COVID-19, with payment of overdue mortgage payments to avoid eviction or
foreclosure.
Responsibilities of the Parties
The City shall perform the following tasks with respect to the Coronavirus Relief Fund Program
(Mortgage Assistance Program):
1. Determine eligibility of applicants for Mortgage Assistance Program funds
2. Provide documentation to Grantee for approved applicants / homeowners
3. Reimburse Grantee for funds Grantee advances to mortgage lenders on behalf of
approved homeowners
The Grantee shall perform the following tasks with respect to the Coronavirus Relief Fund
Program (Mortgage Assistance Program):
1. Obtain documentation from the City regarding homeowners the City has approved for
Mortgage Assistance Program funds
2. Obtain documentation from mortgage lenders regarding:
a. amounts due from approved homeowners,
b. where and how payments should be delivered to mortgage lenders
3. Advance funds to mortgage lenders on behalf of approved homeowners
4. Provide reports and documentation to the City regarding funds advanced to mortgage
lenders
5. Submit reports to the City for:
a. reimbursement of funds advanced to mortgage lenders
b. payment of Administration Fees (15% of the amount of funds advanced)
Ineligible Expenditures
The following expenses are not eligible for payments from CRF Funds:
1. Expenses for the State share of Medicaid.
2. Damages covered by insurance.
3. Payroll or benefits expenses for employees whose work duties are not substantially
dedicated to mitigating or responding to the COVID-19 public health emergency.
4. Expenses that have been or will be reimbursed under any federal program, such as the
reimbursement by the federal government pursuant to the CARES Act of contributions by
States to State unemployment funds.
5. Reimbursement to donors for donated items or services.
6. Workforce bonuses other than hazard pay or overtime.
7. Severance pay.
8. Legal settlements.
9. Pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be
expended for an elective abortion or on research in which a human embryo is destroyed,
discarded, or knowingly subjected to risk of injury or death. The prohibition on payment
for abortions does not apply to an abortion if the pregnancy is the result of an act of rape or
incest; or in the case where a woman suffers from a physical disorder, physical injury, or
physical illness, including a life -endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician, place the woman in danger of
death unless an abortion is performed. Furthermore, no government, which receives
payments from the Fund, may discriminate against a health care entity on the basis that the
entity does not provide, pay for, provide coverage of, or refer for abortions.
CORONAVIRUS RELIEF FUND (CRF)
TERMS AND CONDITIONS
TEXAS DIVISION OF EMERGENCY MANAGEMENT
MAY 11, 2020
■ Poge 1 123
EXHIBIT B
About This Document
in this document, grantees will find the terms and conditions applicable to payments distributed in the
form of grants to local units of governments from the Coronavirus Relief Fund established within section
601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act ("CARES Act").
These requirements are in addition to those that can be found within the Grant Management System
(GMS), to which grantees agreed to when accepting the grant. Other state and federal requirements and
conditions may apply to your grant, including but not limited to: 2 CFR Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas
Government Code; the Uniform Grant Management Standards (UGMS) developed by the Comptroller of
Public Accounts; the state Funding Announcement or Solicitation under which the grant application was
made; and any applicable documents referenced in the documents listed above.
To the extent the terms and conditions of this grant agreement do not address a particular circumstance
or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the
general objectives, expectations and purposes of this grant agreement and in all cases, according to its fair
meaning. The parties acknowledge that each party and its counsel have reviewed this grant agreement
and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting
party shall not be employed in the interpretation of this grant agreement. Any vague, ambiguous or
conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the
grant agreement.
Page 2123
Table of Contents
About ThIs Dmcummnt..... -........ -_--__--_...... ___,___~_-_................................. 2
1.1
Ap plicabillity mfG,amtAgreement and9roviskoms........ ................ ................................ .............. S
12
Leg a| Authority *mAmp)y...... -............... .......................... ........... —..................... -----S
1.3
Grant Accmptance.'-.................... .............. _............... ................................... --_'_5
1/4
Project Period ................ ---_---'--_................................................ ,_______5
1.5
Genera Responsibility .................. ----...... ................ ---.---------.--_.......
.5
1.6
Amendments and Changes to the Grant Agreement ............................ ,.,.,.,.-....,..--.......
6
1.7
Jurisdictional Cooperation ...................................................................................... -.......... .--7
1.8
Public UnformaWwnand .................--.--._-.-..7
1.9
Remedies for .~.~~~.~~~..~~.~~~-'_-_............................
1.10
False Statements byGrantee ',,........ ,......................................................................................... a
1.11
{onf|ictwfinterest Swfeguards,...... ............................................................................................. a
1.12
Fraud, Waste, and Abuse ........................................................... ~.~.~-~.~~'~......... .......... 8
1.13
Termination pfthe Agreement ....... ----....... ...... .......... -_....... .......... -.......................... 9
1.14
Umoihwt|omof ............................ ...... ....... 9
1.15
Dispute Resolution ....... ............ -.-----................ -.------.-,-.... .....................
I0
1.16
L1mkA|itV for Taxes ---... ............. --.-......... ................. -................. ...-.,,................ ,I0
1-17
Neqmured State Assurwmes----.-----... ........................ ............................. ..................
l0
1-18
SyAenmfor Award *Nana0emmemt.GWlAeqwimmmnts......... -.,.,-,........................................
I0
119
NmObUpt|ombwFederal Government .............................. .-----........................................
1I
1.20
Notice ...................... .................. ....... '-.................... --__'_-................ ,-................
1I
1.31
Force Majewre......... .......... ................... --- ...... ................. --'-~~.~~~.1I
1.22
Debt tmState ......... _--_............... _-....... ............ .---.............. ....................... ... _1l
1.23
prmnch)meTax Certikntlpm.,..................... ............................. ,.-.......... ,,.,..,',....,...,',,.,,,.,.��
114
severabuity.... ........ --__-_'_'_-...................................................................... -~%2
1.25
E-Veri[y................................ ,......... .................. -..... -....... -..... ....... ............. _....... .....
12
1.26
Cumptiancew4th Federal Law, Regulations, and Executive Orders .......... ...... ................ ....... ..12
1,27
Clean Air Act...~.~~~ ... ....... _-............. ....... .................... ...... .......... ..................... '12
1.28
FeWemn|Water Pollution Control .~~.~..___'.................. .-.................... -............
12
1,29
Suspension and Debarment ........................ ......... ............. ---- ... ....... -............. ...... ........
12
1,30
Energv Conservation ........................... .......... ....... ......... --- ...... ....... ........... ........ -.......
%3
1,31
Procurement of Recovered Matwria|s...... _...... ....... ................ .................. --..... ................
13
1.32
Terminated Com"cts.... ............... ---............. --................. --... --- ....... ---- ... ... .13
22 Prope ny Management and Inventory _~~~.~~.~.~~~-~~~.~.~.~~.~-.~~..~.~_13
2.2 Consulting Contracts ................................................................................................................... 14
2.3 Procurement Practices and 14
2^* Contract Prov1s|omoUnder Federal Awards ........ ....... ........ ............................. ....... ...... ......... 14
3�I Cooperation with MonN#hn& Aud Its, and RecordsRequirements -~.~~.~~~.~~~..--- 14
3.2 Single AuditRequirements- ....................................... -~.~~~~'~.~'~~~~.~~-~~.~~%5
Ppg e 3|23
3ARecor&Retention --... ~~__~~~~~--~~.~~_'-...... ............. _........ ....... ............ 15
4 Prohibited and Regulated Activities and Eupemditurns..-......... .......................................................... I6
4~1Pm»hNbitwd Costs .......... ....... _--_.......... -..... .......... ..................................... ....... ....... 26
4.2 Political Activities ----............ ................................................ _-.__--....... .................. 16
5 Financial Requirements- .... -------.-,-....................................... ..,......... ....... ......... ...... l7
5.lDirect De9osit...... ........... ........ --...... -------... -.............. ..... ,.... ,,,,..,,.,,.,.,..,%7
5.2 Payments and Reqm|red 0mcornentat[nm-.... .----............... ..... ,.......... ---....... .,.......... %7
5.3 Financial Mepotn0................. ........... ......... —....................................... .......................... %7
5.4 Reimbursements .................. ..... --- ........................ -........ --- ... .......................................... 18
5.5 Refunds and 0mdmc«A»na... ........................ .............. -....... -.,--.,-,..................................... l8
5.6 Recapture ofFunds ... ... ................................... --- '........ ....... ...... ...................................... %B
5.7 Liquidation Per1md... ....... ........ ....................... ............................. .................... ........ .......... l8
5,8Prm#act C|om*oa$--............. .... ,......................................................... ................. ................ 19
EXHIBIT A - Stat eofTexas Assuranoe$... -........................ .................................................. ....... ............ %9
EXHIBIT 8-CAR BACT COR0 NAV|RWS RE0EFpUNO E0G|B|L|TY CERTlFACAT|ON---,---..--.-,..,,.,2%
Page 4 123
I Grant Agreement Requirements and Conditions
1.1 Applicability of Grant Agreement and Provisions
The Grant Agreement is subject to the additional terms, conditions, and requirements of other laws, rules,
regulations and plans recited herein and is intended to be the full and complete expression of and
constitutes the entire agreement between the parties hereto with respect to the subject matter hereof
and all prior and contemporaneous understandings, agreements, promises, representations, terms and
conditions, both oral and written, are superseded and replaced by this Grant Agreement.
Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations
pertaining to the grant close-out, cooperation and provision of additional information, return of grant
funds, audit rights, records retention, public information, and any other provision implying survivability
shall remain in effect after the expiration or termination of this Grant Agreement.
1.2 Legal Authority to Apply
The grantee certifies that it possesses legal authority to apply for the grant. A resolution, motion or similar
action has been or will be duly adopted or passed as an official act of the applicant's governing body,
authorizing the filing of the application, including all understandings and assurances contained therein,
and directing and authorizing the person identified as the official representative, or their designee of the
organization to act in connection with the application and to provide such additional information as may
be required.
1.3 Grant Acceptance
The Notice of Subrecipient Grant Award remains an offer until the fully executed copy of this Grant
Agreement is received by the Texas Division of Emergency Management (TDEM).
1.4 Project Period
Funding has been authorized for eligible expenditures incurred between March 1, 2020 and December 30,
2020. The specific performance period for this grant is listed on the Notice of Subrecipient Grant Award.
All expenditures must be incurred, and all services must be received within the performance period. TDEM
will not be obligated to reimburse expenses incurred after the performance period. A cost is incurred
when the responsible unit of government has expended funds to cover the cost.
1.5 General Responsibility
Per the CARES Act, CRF grant funds may only be used to cover expenses that —
1. are necessary expenditures incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19)
2. were not accounted for in the budget most recently approved as of March 27, 2020 forthe
state or government; and
3. were incurred during the period that begins on March 1, 2020 and ends on December30,
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,
5 1 23
3. Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency,
4. Expenses of actions to facilitate compliance with COVID-19-related public health measures,
5. Expenses associated with the provision of economic support in connection with the COVID-
19 public health emergency, and
6. Any other COVID-19-related expenses reasonably necessary to the function of government
that satisfy the Fund's eligibility criteria.
Further explanation of these categories and examples can be found at the following link:
https:/Ihome.treasury.p,ov/systemyfiles/136/Coronavirus-Relief-Fund Guidance -for -State -Territorial -Local
and-Tribal-Governments.pdf
https:/f home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Frequently-Asked-Questions.pdf
The subrecipient agrees that a minimum of 75% of its allotment will be spent in the categories of medical
expenses, public health expenses and payroll expenses for employees substantially dedicated to mitigating
or responding to the public emergency. The remainder of the allotment may be spent in any of the categories
provided within the Treasury guidance.
The grantee certifies compliance with these eligible expenses by executing the CARES Act Coronavirus Relief
Fund Eligibility Certification Form in Exhibit E, which is attached hereto and incorporated for all purposes.
The grantee is responsible for the integrity of the fiscal and programmatic management of the grant project;
accountability for all funds awarded; and compliance with TDEM administrative rules, policies and
procedures, and applicable federal and state laws andregulations.
The grantee will maintain an appropriate grant administration system to ensure that all terms, conditions
and specifications of the grant are met.
1.6 Amendments and Changes to the Grant Agreement
TDEM and the grantee may agree to make adjustments to the grant. Adjustments include, but are not
limited to, modifying the scope of the grant project, adding funds to previously un-awarded cost items or
categories changing funds in any awarded cost items or category, deobligating awarded funds or changing
grant officials.
The grantee has no right or entitlement to reimbursement with grant funds. TDEM and grantee agree that
any act, action or representation by either Party, their agents or employees that purports to waive or alter
the terms of the Grant Agreement or increase the maximum liability of TDEM is void unless a written
amendment to this Grant Agreement is first executed and documented in GMS. The grantee agrees that
nothing in this Grant Agreement will be interpreted to create an obligation or liability of TDEM in excess of
the "Maximum Liability of the TDEM" as set forth in the Notice of Subrecipient Grant Award.
Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in GMS
to be binding upon the Parties. Notwithstanding this requirement, it is understood and agreed by Parties
hereto, that changes in local, state and federal rules, regulations or laws applicable hereto, may occur during
the term of this Grant Agreement and that any such changes shall be automatically incorporated into this
Grant Agreement without written amendment hereto, and shall become a part hereof as of the effective
date of the rule, regulation or law.
PLiC1e 6123
1.7 Jurisdictional Cooperation
A municipality may yield any portion of its allocated funds to the county within which it exists or a county
may yield any portion of its allocated funds to a municipality within its footprint for eligible expenses. This
may be accomplished in one of the following ways:
1. By a grant amendment, as described in section 1.6, where by funds are deobligated from the original
subrecipient and then added to previously un-awarded costs items or categories of the receiving
jurisdiction's grant award.
2. A subrecipient may use funds pursuant to this agreement to subcontract with another political
subdivision within its jurisdiction for eligible and necessary expenditures incurred due to the public
health emergency. The subrecipient is responsible for ensuring subcontractor eligibility and
maintaining all required documentation.
1.8 Public Information and Meetings
Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that
the State of Texas, TDEM, and this Grant Agreement are subject to the Texas Public Information Act, Texas
Government Code Chapter 552 (the "PIA"). The grantee acknowledges that TDEM will comply with the
PIA, as interpreted by judicial opinions and opinions of the Attorney General of the State ofTexas.
The grantee acknowledges that information created or exchanged in connection with this Grant
Agreement, including all reimbursement documentation submitted to TDEM, is subject to the PIA,
whether created or produced by the grantee or any third party, and the grantee agrees that information
not otherwise excepted from disclosure under the PIA, will be available in a format that is accessible by
the public at no additional charge to TDEM or State of Texas. The grantee will cooperate with TDEM in the
production of documents or information responsive to a request for information.
1.9 Remedies forNon-Compliance
If TDEM determines that the grantee materially fails to comply with any term of this grant agreement,
whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a
notice of award, or any other applicable requirement, TDEM, in its sole discretion may take actions
including:
1. Temporarily withholding cash payments pending correction of the deficiency or more severe
enforcement action by TDEM;
2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in
compliance;
3. Disallowing claims for reimbursement;
4. Wholly or partially suspending or terminating thisgrant;
5. Requiring return or offset of previous reimbursements;
6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs
administered by TDEM until repayment to TDEM is made and any other compliance or audit finding
is satisfactorily resolved;
7. Reducing the grant award maximum liability ofTDEM;
8. Terminating this Grant Agreement;
9. Imposing a corrective action plan;
" ;(i i. 7123
10. Withholding further awards; or
11. Taking other remedies or appropriate actions.
The grantee costs resulting from obligations incurred during a suspension or after termination of this grant
are not allowable unless TDEM expressly authorizes them in the notice of suspension or termination or
subsequently.
TDEM, at its sole discretion, may impose sanctions without first requiring a corrective action plan.
1.10 False Statements by Grantee
By acceptance of this grant agreement, the grantee makes all the statements, representations, warranties,
guarantees, certifications and affirmations included in this grant agreement. If applicable, the grantee will
comply with the requirements of 31 USC § 3729, which set forth that no grantee of federal payments shall
submit a false claim for payment.
If any of the statements, representations, certifications, affirmations, warranties, or guarantees are false
or if the grantee signs or executes the grant agreement with a false statement or it is subsequently
determined that the grantee has violated any of the statements, representations, warranties, guarantees,
certifications or affirmations included in this grant agreement, then TDEM may consider this act a possible
default under this grant agreement and may terminate or void this grant agreement for cause and pursue
other remedies available to TDEM under this grant agreement and applicable law. False statements or
claims made in connection with TDEM grants may result in fines, imprisonment, and debarment from
participating in federal grants or contract, and/or other remedy available by law, potentially including the
provisions of 38 USC §§ 3801-3812, which details the administrative remedies for false claims and
statements made.
1.11 Conflict of Interest Safeguards
The grantee will establish safeguards to prohibit its employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or personal gain,
whether for themselves or others, particularly those with whom they have family, business, or other ties.
The grantee will operate with complete independence and objectivity without actual, potential, or apparent
conflict of interest with respect to its performance under this Grant Agreement. The grantee certifies as to
its own organization, that to the best of their knowledge and belief, no member of The A&M System or The
A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by
a member of The A&M System, has direct or indirect financial interest in the award of this Grant Agreement,
or in the services to which this Grant Agreement relates, or in any of the profits, real or potential, thereof.
1.12 Fraud, Waste, and Abuse
The grantee understands that TDEM does not tolerate any type of fraud, waste, or misuse of funds
received from TDEM. TDEM's policy is to promote consistent, legal, and ethical organizational behavior,
by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, TDEM
policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. The
grantee understands and agrees that misuse of award funds may result in a range of penalties, including
suspension of current and future funds, suspension or debarment from federal and state grants,
recoupment of monies provided under an award, and civil and/or criminal penalties.
In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds
received from TDEM that is made against the grantee, the grantee is required to immediately notify TDEM
of said allegation or finding and to continue to inform TDEM of the status of any such on -going
investigations. The grantee must also promptly refer to TDEM any credible evidence that a principal,
P a g c 8 12 3
employee, agent, grantee, contractor, subcontractor, or other person has -- (1) submitted a claim for
award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving award funds.
Grantees must also immediately notify TDEM in writing of any misappropriation of funds, fraud, theft,
embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant
requirements. Grantees must notify the local prosecutor's office of any possible criminal violations.
Grantees must immediately notify TDEM in writing if a project or project personnel become involved in
any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand,
notices, subpoenas, lawsuits, or indictments to TDEM.
1.13 Termination of the Agreement
TDEM may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty
against TDEM, upon written notice to grantee. In the event grantee fails to perform or comply with an
obligation or a term, condition or provision of this Grant Agreement, TDEM may, upon written notice to
grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such
notification of Termination for Cause will state the effective date of such termination, and if no effective
date is specified, the effective date will be the date of the notification.
TDEM and grantee may mutually agree to terminate this Grant Agreement. TDEM in its sole discretion will
determine if, as part of the agreed termination, grantee is required to return any or all of the disbursed
grant funds.
Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided
in equity, by law, or under this Grant Agreement, including those remedies listed at 2 C.F.R. 200.207 and
2 C.F.R. 200.338 — 200.342. Following termination by TDEM, grantee shall continue to be obligated to
TDEM for the return of grant funds in accordance with applicable provisions of this Grant Agreement. In
the event of termination under this Section, TDEM's obligation to reimburse grantee is limited to allowable
costs incurred and paid by the grantee prior to the effective date of termination, and any allowable costs
determined by TDEM in its sole discretion to be reasonable and necessary to cost-effectively wind up the
grant. Termination of this Grant Agreement for any reason or expiration of this Grant Agreement shall not
release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated
to survive any such termination orexpiration.
1.14 Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE
STATE OF TEXAS AND AGENCY, ANDrOR THEIR OFFICERS, REGENTS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, ANDrOR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS,
OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM
ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER
FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT
AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY
RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE
NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT
FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT
AND AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver
by TDEM as an agency of the State of Texas, its officers, regents, employees, agents, or contractors or the
State of Texas of any privileges, rights, defenses, remedies, or immunities from suit and liability that TDEM
or the State of Texas may have by operation of law.
P a V] e 9 1 23
1.15 Dispute Resolution
The Parties' representatives will meet as needed to implement the terms of this Grant Agreement and will
make a good faith attempt to informally resolve any disputes.
Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise requested or
approved in writing by TDEM, the grantee shall continue performance and shall not be excused from
performance during the period any breach of Grant Agreement claim or dispute is pending.
The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules
adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TDEM and grantee to
attempt to resolve any claim for breach of contract made by the grantee that cannot be resolved in the
ordinary course of business. Grantee shall submit written notice of a claim of breach of contract under this
Chapter to the Chief of TDEM, who shall examine the grantee's claim and any counterclaim and negotiate
with grantee in an effort to resolve the claim.
The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to this
Grant Agreement, without regard to any otherwise applicable conflict of law rules or requirements. Venue
for any grantee -initiated action, suit, litigation or other proceeding arising out of or in any way relating to
this Grant Agreement shall be commenced exclusively in the Travis County District Court or the United States
District Court, Southern District of Texas - Houston Division. Venue for any TDEM-initiated action, suit,
litigation or other proceeding arising out of or in any way relating to this Grant Agreement may be
commenced in a Texas state district court or a United States District Court selected by TDEM in its sole
discretion.
The grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts
referenced above for the purpose of prosecuting and/or defending such litigation. The grantee herebywaives
and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any
claim that the grantee is not personally subject to the jurisdiction of the above -named courts; the suit, action
or proceeding is brought in an inconvenient forum; and/or the venue is improper.
1.16 Liability for Taxes
The grantee agrees and acknowledges that grantee is an independent contractor and shall be entirely
responsible for the liability and payment of grantee's and grantee's employees' taxes of whatever kind,
arising out of the performances in this Grant Agreement. The grantee agrees to comply with all state and
federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers'
compensation. TDEM and/or the State of Texas shall not be liable to the grantee, its employees, agents, or
others for the payment of taxes or the provision of unemployment insurance and/or workers' compensation
or any benefit available to a state employee or employee of TDEM.
1.17 Required State Assurances
The grantee must comply with the applicable State Assurances included within the State Uniform Grant
Management Standards (UGMS), Section III, Subpart B, _.14, which are attached hereto and incorporated
for all purposes as Exhibit A.
1.18 System for Award Management (SAM) Requirements
A. The grantee agrees to comply with applicable requirements regarding registration with the System for
Award Management (SAM) (or with a successor government -wide system officially designated by OMB
and, if applicable, the federal funding agency). These requirements include maintaining current
registrations and the currency of the information in SAM. The grantee will review and update
information at least annually until submission of the final financial report required under the award or
Pcic-1^ 10123
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 Order13224.
1.19 No Obligation by Federal Government
The Parties acknowledge and agree that the federal government is not a party to this Grant Agreement
and is not subject to any obligations or liabilities to either Party, third party or subcontractor pertaining to
any matter resulting from this Grant Agreement.
1.20 Notice
Notice may be given to the grantee via GMS, email, hand -delivery, or United States Mail. Notices to the
grantee will be sent to the name and address supplied by grantee in GMS.
1.21 Force Majeure
Neither the grantee nor TDEM shall be required to perform any obligation under this Grant Agreement or be
liable or responsible for any loss or damage resulting from its failure to perform so long as performance is
delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages,
embargo, riot, war, revolution, terrorism, rebellion, insurrection, pandemic, flood, natural disaster, or
interruption of utilities from external causes. Each Party must inform the other in writing, with proof of
receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right
as a defense.
1.22 Debt to State
The grantee certifies, to the extent grantee owes any debt (child support or other obligation) or delinquent
taxes to the State of Texas, any payments grantee is owed under this Grant Agreement may be applied by
the Comptroller of Public Accounts toward any such debt or delinquent taxes until such debt or delinquent
taxes are paid in full.
1.23 Franchise Tax Certification
If grantee is a taxable entity subject to the Texas Franchise Tax (Chapter 171, Texas Tax Code), then grantee
certifies that it is not currently delinquent in the payment of any franchise (margin) taxes or that grantee is
exempt from the payment of franchise (margin) taxes.
P � - _,, - 11 123
1.24 Severability
If any provisions of this Grant Agreement are rendered or declared illegal for any reason, or shall be invalid
or unenforceable, such provision shall be modified or deleted in such manner so as to afford the Party for
whose benefit it was intended the fullest benefit commensurate with making this Grant Agreement, as
modified, enforceable, and the remainder of this Grant Agreement and the application of such provision
to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent
permitted by applicable law.
1.25 E-Verify
By entering into this Grant Agreement, grantee certifies and ensures that it utilizes and will continue to
utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's e-Verify system
to determine the eligibility of (a) all persons employed during the contract term to perform duties within
Texas; and (b) all persons (including subcontractors) assigned by the grantee pursuant to the Grant
Agreement.
1.26 Compliance with Federal Law, Regulations, and Executive Orders
Grantee acknowledges that federal financial assistance funds will be used to fund the Grant Agreement.
Grantee will comply with all applicable federal law, regulations, executive orders, policies, procedures, and
directives.
1.27 Clean Air Act
The following is only applicable if the amount of the contract exceeds $150,000.
a. Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in
turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. Grantee agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with federal assistance provided by this Grant Agreement.
1.28 Federal Water Pollution ControlAct
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 etseq.
b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in
turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. Grantee agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with federal assistance provided by this Grant Agreement.
1.29 Suspension and Debarment
o. 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
Fa�:je 12123
affiliates (defined at 2 C.F.R. Sec. 180.905) are excluded (defined at 2 C.F.R. Sec. 180.940) or
disqualified (defined at 2 C.F.R. Sec.180.935).
b. Grantee must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must
include a requirement comply with these regulations in any lower tier covered transaction it
enters into.
c This certification is a material representation of fact relied upon by TDEM. If it is later determined
that grantee did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, in addition to
remedies available to TDEM, the Federal Government may pursue available remedies, including
but limited to suspension and/or debarment.
1.30 Energy Conservation
If applicable, grantee agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act.
1.31 Procurement of Recovered Materials
a In the performance of this Grant Agreement, grantee shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot be
acquired --
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
b. Information about this requirement, along with the list of EPA -designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
htt 5: www.epa.pov/smm/comprehensive-procurementEuideline cAg program.
1.32 Terminated Con tracts
The grantee has not had a contract terminated or been denied the renewal of any contract for
noncompliance with policies or regulations of any state or federally funded program within the past five (5)
years nor is it currently prohibited from contracting with a governmental agency. if the grantee does have
such a terminated contract, the grantee shall identify the contract and provide an explanation for the
termination. The grantee acknowledges that this Grant Agreement may be terminated and payment withheld
or return of grant funds required if this certification is inaccurate or false.
2 Property and Procurement Requirements
2.1 Property Management and Inventory
The grantee must ensure equipment purchased with grant funds is used for the purpose of the grant and
as approved by TDEM. The grantee must develop and implement a control system to prevent loss, damage
or theft of property and investigate and document any loss, damage or theft of property funded under
this Grant.
The grantee must account for any real and personal property acquired with grant funds or received from
F' C, ') . • 13 123
the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property
trust relationship and 200.329 Reporting on real property. This documentation must be maintained by the
grantee, according to the requirements listed herein, and provided to TDEM upon request, if applicable.
When original or replacement equipment acquired under this award by the grantee is no longer needed
for the original project or program or for other activities currently or previously supported by the federal
awarding agency or TDEM, the grantee must make proper disposition of the equipment pursuant to 2 CFR
200.
The grantee will maintain specified equipment management and inventory procedures for equipment
(including replacement equipment), whether acquired in whole or in part with grant funds, until
disposition takes place, with a per -unit cost of $5,000 or greater. The equipment and inventory procedures
include:
A. The grantee must keep an inventory report on file containing equipment purchased with any grant
funds during the grant period. The inventory report must agree with the approved grant budget
and the final Financial Status Report and shall be available to TDEM at all times upon request.
B. The grantee must maintain property/inventory records which, at minimum, include a description
of the property, a serial number or other identification number, the source of property, who holds
title, the acquisition date, the cost of the property, the percentage of Federal participation in the
cost of the property, the location, use and condition of the property, and any ultimate disposition
data including the date of disposal and sale price ofthe property.
C. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to
the equipment Exceptions to this requirement are limited to items where placing of the marking
is not possible due to the nature of the equipment.
2.2 Consulting Contracts
Pre -approval of costs related to consulting contracts is required and the value of consulting contracts
entered into by the grantee may not exceed 5% of the total funds received by the local unit of government.
2.3 Procurement Practices and Policies
The grantee must follow applicable federal and state law, federal procurement standards specified in
regulations governing federal awards to non-federal entities, their established policy, and best practices for
procuring goods or services with grant funds. Procurement activities must follow the most restrictive of
federal, state and local procurement regulations. Contracts must be routinely monitored for delivery of
services or goods.
2.4 Contract Provisions Under FederalAwards
All contracts made by a grantee under a federal award must contain the provisions outlined in 2 CFR 200
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
Appendix II to Part 200 Contract Provisions for Non -Federal Entity Contracts Under Federal Awards.
3 Audit and Records Requirements
3.1 Cooperation with Monitoring, Audits, and Records Requirements
All records and expenditures are subject to, and grantee agrees to comply with, monitoring and/or audits
conducted by the United States Department of Treasury's Inspector General (DOTIG), TDEM, and the State
., fa �; '. 14 123
Auditor's Office (SAO) or designee. The grantee shall maintain under GAAP or GASB, adequate records that
enable DOTIG, TDEM, and SAO to ensure proper accounting for all costs and performances related to this
GrantAgreement.
3.2 Single Audit Requirements
Any grantee expending $750,000 or more in federal funds in a fiscal year may be subject to Single Audit
Requirements in 2 CFR, Part 200, Subpart F — Audit Requirements, at https://www.ecfr.povfcpi-bin/text
idx?tpl=lecfrbrowse/Title02/2cfr200 main 02.tpl.
The grantees expending more than $750,000 in state funds in a fiscal year are subject to the requirements
in the Texas Single Audit Circular, at httas://comptrgLIeC.texas.gov/purchasing/dots/upms.pdf.The audit
must be completed and the data collection and reporting package described in 2 CFR 200.512 must be
submitted to the Federal Audit Clearinghouse (FAC) within 30 calendar days after receipt of the auditor's
report(s), or nine months after the end of the audit period, whichever is earlier.
3.3 Requirement to Address Audit Findings
If any audit, monitoring, investigations, review of awards, or other compliance review reveals any
discrepancies, inadequacies, or deficiencies which are necessary to correct in order to maintain
compliance with this Grant Agreement, applicable laws, regulations, or the grantee's obligations
hereunder, the grantee agrees to propose and submit to TDEM a corrective action plan to correct such
discrepancies or inadequacies within thirty (30) calendar days after the grantee's receipt of the findings.
The grantee's corrective action plan is subject to the approval of TDEM.
The grantee understands and agrees that the grantee must make every effort to address and resolve all
outstanding issues, findings, or actions identified by DOTIG, TDEM, or SAO through the corrective action
plan or any other corrective plan. Failure to promptly and adequately address these findings may result in
grant funds being withheld, other related requirements being imposed, or other sanctions and penalties.
The grantee agrees to complete any corrective action approved by TDEM within the time period specified
by TDEM and to the satisfaction of TDEM, at the sole cost of the grantee. The grantee shall provide to
TDEM periodic status reports regarding the grantee's resolution of any audit, corrective action plan, or
other compliance activity for which the grantee is responsible.
3.4 Records Retention
A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures of
grant funds, reporting measures, and funds received from TDEM under this Grant Agreement. Audit
trails maintained by the grantee will, at a minimum, identify the supporting documentation prepared
by the grantee to permit an audit of its accounting systems and payment verification with respect to
the expenditure of any funds awarded under this Grant Agreement.
B. The grantee must maintain fiscal records and supporting documentation for all expenditures
resulting from this Grant Agreement pursuant to 2 CFR 200.333 and state law.
1. The grantee must retain these records and any supporting documentation for a minimum of
seven (7) years from the later of the completion of this project's public objective, submission of
the final expenditure report, any litigation, dispute, oraudit.
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
Rage 15 123
Retention value.
4 Prohibited and Regulated Activities and Expenditures
4.1 Prohibited Costs
A. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Revenue replacement is not a permissible use of these grant
funds. In accordance with Section 3.1 all record and expenditures are subject to review.
B. Damages covered by insurance.
C. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.
D. Duplication of benefits including expenses that have been or will be reimbursed under any other
federal program.
E. Reimbursement to donors for donated items or services.
F. workforce bonuses other than hazard pay or overtime.
G. Severance pay.
H. Legal settlements.
4.2 Political Activities
Grant funds may not be used in connection with the following acts by agencies or individuals employed by
grant funds:
A. Unless specifically authorized to do so by federal law, grant recipients or their grantees or
contractors are prohibited from using grant funds directly or indirectly for political purposes,
including lobbying or advocating for legislative programs or changes; campaigning for, endorsing,
contributing to, or otherwise supporting political candidates or parties; and voter registration or
get -out -the -vote campaigns. Generally, organizations or entities which receive federal funds by
way of grants, contracts, or cooperative agreements do not lose their rights as organizations to
use their own, private, non-federal resources for "political" activities because of or as a
consequence of receiving such federal funds. These recipient organizations must thus use private
or other non-federal money, receipts, contributions, or dues for their political activities, and may
not charge off to or be reimbursed from federal contracts or grants for the costs of such activities.
B. Grant officials or grant funded employees may not use official authority or influence or permit the
use of a program administered by the grantee agency of which the person is an officer or employee
to interfere with or affect the result of an election or nomination of a candidate or to achieve any
other political purpose.
C. Grant -funded employees may not coerce, attempt to coerce, command, restrict, attempt to
restrict, or prevent the payment, loan, or contribution of anything of value to a person or political
organization for a political purpose.
D. Grant funds may not be used to employ, as a regular full-time or part-time or contract employee,
a person who is required by Chapter 305 of the Government Code to register as a lobbyist.
Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or
employee of the agency, membership dues to an organization that pays part or all of the salary of
Page 16123
a person who is required by Chapter 305 of the Government Code to register as a lobbyist.
E. As applicable, the grantee and each contracting tier will comply with 31 USC § 1352, which
provides that none of the funds provided under an award may be expended by the grantee to pay
any person to influence, or attempt to influence an officer or employee of any agency, a Member
of Congress, an officer of employee of Congress, or an employee of a Member of Congress in
connection with any Federal action concerning the award or renewal. Grantee shall file the
required certification attached hereto and incorporated for all purposes as Exhibit F. Each
contracting tier shall also disclose any lobbying with non-federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
5 Financial Requirements
5.1 Direct Deposit
A completed direct deposit form from the grantee must be provided to TDEM prior to receiving any
payments. The direct deposit form is currently available at https://erants.tdem.texas.eov/.
5.2 Payments and Required Documentation
Funding for this Grant Agreement is appropriated under the Coronavirus Aid, Relief, and Economic Security
Act, 2020 (Public Law 116-136) enacted on March 27, 2020, as amended, to facilitate protective measures
for and recovery from the public health emergency in areas affected by COVID-19, which are Presidentially -
declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.). All expenditures under this Grant Agreement must be made in
accordance with this Grant Agreement and any other applicable laws, rules or regulations. Further, grantee
acknowledges that all funds are subject to recapture and repayment for non-compliance pursuant to
Section 5.7 below.
Payment of funds on projects may be initiated by the grantee through a Request for Reimbursement
(RFR) in GMS.
Grantee may initiate an Advance of Funds Request (AFR) through GMS for an initial cash advance to cover
actual costs incurred or up to 20% of their total allocation, whichever is larger.
Additional advances or reimbursement requests may be requested following full reporting to TDEM of
expenses incurred and applied against the initial and/or any subsequent advance payments.
If sufficient progress is not made towards expenditure of advanced funds and/or the grantee fails to meet
financial reporting obligations, TDEM may implement sanctions as necessary up to and including grant
termination.
All documentation for expenditures paid during the project period must be submitted to TDEM on or
before the grant liquidation date.
5.3 Financial Reporting
Financial reports must be submitted to TDEM on a quarterly basis via GMS but can be submitted more
often as necessary to draw down funds.
The final financial report must be submitted to TDEM on or before the grant liquidation date or the grant
funds may lapse and TDEM will provide them as grants to other eligible jurisdictions.
.(.0 : 17123
5.4 Reimbursements
TDEM will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable
costs incurred and paid by the grantee pursuant to this Grant Agreement. TDEM is not obligated to pay
unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the
commencement or after the termination of this Grant Agreement.
5.5 Refunds and Deductions
If TDEM determines that the grantee has been overpaid any grant funds under this Grant Agreement,
including payments made inadvertently or payments made but later determined to not be actual and
allowable allocable costs, the grantee shall return to TDEM the amount identified by TDEM as an
overpayment. The grantee shall refund any overpayment to TDEM within thirty (30) calendar days of the
receipt of the notice of the overpayment from TDEM unless an alternate payment plan is specified by TDEM.
Refunds may be remitted to: Texas Division of Emergency Management, P.O. Box 15467, Austin, Texas
78761.
5.6 Recapture of Funds
The discretionary right of TDEM to terminate for convenience under Section 1.13 notwithstanding, TDEM
shall have the right to terminate the Grant Agreement and to recapture, and be reimbursed for any
payments made by TDEM: (i) that are not allowed under applicable laws, rules, and regulations; or (ii) that
are otherwise inconsistent with this Grant Agreement, including any unapproved expenditures.
5.7 Liquidation Period
Grant funds will liquidate 90 calendar days following the project period end date or on December 30, 2020,
whichever is earlier. Funds not obligated by the end of the grant period and not expended by the
liquidation date will revert toTDEM.
5.8 Project Close Out
TDEM will close-out the grant award when it determines that all applicable administrative actions and all
required work of the grant have been completed by the grantee.
The grantee must submit all financial, performance, and other reports as required by the terms and
conditions of the grant award.
The grantee must promptly refund any balances of unobligated cash that TDEM paid in advance or paid and
that are not authorized to be retained by the grantee for use in other projects.
[EXHIBITS AND SIGNATURE PAGE FOLLOWS]
P {., t, 18 1 23
EXHIBIT A - State of Texas Assurances
As the duly authorized representative of Grantee, I certify that Grantee:
1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the grantee's governing
body or of the grantee's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the
third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise
such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of
two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body
member related to such person in the prohibited degree.
2. Shall insure that all information collected, assembled, or maintained by the grantee relative to a project will be available to the public
during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited bylaw.
3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies
to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.
4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments.
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the grantee is a health,
human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and
human services agency or public safety or law enforcement agency.
6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code,
or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process
of achieving compliance with such rules if the grantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701.
7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state agencies and grantees shall maintain an appropriate contract
administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section .36 for additional guidance on
contract provisions).
8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law
enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantee shall also ensure that all
program personnel are properly trained and aware of this requirement.
9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section
504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the
Americans with Disabilities Act of 1990 including Titles 1, II, and III of the Americans with Disability Act which prohibits recipients from
discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C.
§§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism, (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s)
which may apply to this Grant.
10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for
federally assisted construction subagreements.
11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L.
91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation
in purchases.
12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees
whose principal employment activities are funded in whole or in part with Federal funds.
13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental
Personnel Act of 1970, as applicable.
Pr3yL3 19123
EXHIBIT A
I4. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are
not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency
of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA (EO 11738).
15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law
93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards.
16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air)
Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of
endangered species under the Endangered Species Act of 1973, as amended (P.L.93-205).
17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act
of 1974 (16 U.S.C. §§469a-1 et seq.).
19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the
minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or
exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government
Principals Regarding the Care and Use ofAnimals.
20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint
in construction or rehabilitation of residential structures.
21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility
used for the provision of services for children.
22. Shall comply with all federal lax laws and are solely responsible for filing all required state and federal tax forms.
23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing
this program.
24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by
any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in
Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed athitps://www.sam.gov/portal/public/SAW.
25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as
required by the Texas Health and Safety Code, Ann., Sec. 85.001, etseq.
26. Shall comply with the Drug -Free Workplace Rules established by the Texas Worker's Compensation Commission effective April 17,
1991.
Fc,c?e 29123
EXHIBIT A
EXHIBIT C - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned grantee, . certifies, to the best of his or her knowledge that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit
Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts undergrants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31 U.S.C. Sec. 1352 (as amended by the Lobbying Disclosure Act of 119). Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
The grantee,C;�H�L , certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, grantee understands and agrees that the provisions of 31 U.S.C.
Sec. 3801 et seq. apply to his certification and disclosure, if any.
By:
Signature:
ZR 7' IV -
Title:
Date:
EXHIBIT C
P❑ne 22 123
Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by
them.
/7-1"te of Texas Assurances, hereinafter referred to as "Exhibit A"
ARES 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:
Sigr
Title
Date; 9
SIGNATURE PAGE
P n a 30 1 30
Resolution No. 2020-RO 191
CORONAVIRUS RELIEF FUND (CRF) FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK
AND
THE YWCA OF LUBBOCK
CRF CHILD CARE ASSISTANCE
This Coronavirus Relief Fund (CRF) Funding Agreement (the "Agreement"), Contract No. 15357.
is made by and between the City of Lubbock, a State of Texas home rule municipal corporation
(the "City") and the YWCA OF LUBBOCK, (the "Grantee"), (each a "Party," and collectively
the "Parties") acting by and through the Parties' representative officers and officials, and is hereby
entered into by the Parties on this 9th day of June, 2020 (the "Effective Date").
CRF PROGRAM SPECIFIC RECITALS
WHEREAS, pursuant to the Coronavirus Relief Fund Terms and Conditions, and as established
within section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid,
Relief, and Economic Security Act (the "CARES Act"), Coronavirus Relief Fund (CRF) Program
payments shall only be used to cover costs that:
a) are necessary expenditures incurred due to the public health emergency with respect to
the COVID-19 public health emergency; and
b) were not accounted for in the City of Lubbock's budget most recently approved as of
March 27, 2020 (the date of enactment of the CARES Act), meaning that either (a) the
cost cannot lawfully be funded using a line item, allotment, or allocation within that
budget or (b) the cost is for a substantially different use from any expected use of funds
in such a line item, allotment, or allocation; and
c) were incurred during the period that begins on March 1, 2020, and ends on December
30, 2020.
WHEREAS, the "most recently approved" budget refers to the City's enacted budget for the
relevant fiscal period, without taking into account subsequent supplemental appropriations enacted
or other budgetary adjustments made by the City in response to the COVID-19 public health
emergency;
WHEREAS, a cost is not considered to have been accounted for in the City's budget merely
because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve
account;
WHEREAS, CRF Program payments shall be used only for actions taken to respond to the
COVID-19 public health emergency, including expenditures incurred to respond to second -order
effects of the emergency, including providing economic support to those suffering from
employment or business interruptions due to COVID-19-related business closures;
WHEREAS, CRF Program payments shall not be used to fill shortfalls in government revenue to
cover expenditures that would not otherwise qualify under the statute;
WHEREAS, the City of Lubbock's CRF Programs are necessary to assist individuals and families
in recovering from the direct economic impact of the COVID-19 public health emergency, and
that the expenses funded by these Programs meet the requirements set forth in section 601(d) of
the Social Security Act, and are therefore eligible expenses;
WHEREAS, providing a consumer grant program to prevent eviction and to assist in preventing
homelessness are necessary expenses incurred due to the COVID-19 public health emergency; and
that such grants meet the other requirements for the use of Coronavirus Relief Fund payments
under section 601(d) of the Social Security Act;
WHEREAS, providing assistance to recipients solely to enable them to meet property tax
requirements is not an eligible use of CRF Program funds; however, exceptions may be made if
the assistance is designed to prevent foreclosures caused by a loss of income due to the COVID-
19 public health emergency;
WHEREAS, providing emergency financial assistance to small businesses, individuals and
families directly impacted by a loss of income due to the COVID-19 public health emergency is a
necessary expenditure, including programs to assist:
a) individuals with payment of overdue rent payments to avoid eviction or foreclosure;
b) individuals with payment of overdue mortgage payments to avoid eviction or
foreclosure;
c) individuals facing economic hardship to allow them to pay their utility fees and thereby
continue to receive essential services; provided that fund payments subsidize individual
account holders (and are not paid directly to a governmental entity as revenue
replacement, including the replacement of unpaid utility fees) and are necessary due to
the COVID-19 public health emergency;
d) individuals directly impacted by a loss of income due to the COVID-19 public health
emergency with emergency financial assistance in the form of child care vouchers;
e) small businesses and independent contractors to offset the costs of business interruption
caused by closures required by the COVID-19 public health emergency;
f) small businesses and independent contractors not subject to a "stay-at-home" order if
the business closed voluntarily to promote social distancing measures; and
g) small businesses and independent contractors not subject to a "stay-at-home" order if
the business closed due to decreased customer demand as a result of the COVID-19
public health emergency.
WHEREAS, the Grantee is obligated to do and perform certain services in its undertaking of a
Coronavirus Relief Fund (CRF) program pursuant to the Coronavirus Relief Fund Terms and
Conditions, promulgated by the Texas Division of Emergency Management; and
WHEREAS, the Grantee and the services it provides have been found to meet the criteria for
funding under provision of the Coronavirus Relief Fund Terms and Conditions, promulgated by
the Texas Division of Emergency Management.
GENERAL RECITALS
E
WHEREAS, the Grantee operates a non-profit center offering services to businesses, families,
and individuals throughout Lubbock County, Texas; and
WHEREAS, the Grantee proposes to use the funds in order to provide families assistance with
CHILDCARE expenses (the "Program"); and
WHEREAS, the Grantee's services benefit residents in and around Lubbock, Texas and constitute
a valuable public service, and the City Council of the City (the "City Council") has declared the
services provided by the City to be a public purpose; and
WHEREAS, the accomplishment of the above public purpose is the predominate purpose of this
Agreement; and
WHEREAS, the continuing supervision by the City and State together with statutory and
contractual requirements provide sufficient assurance that the public purpose of this Agreement
will be accomplished; and
WHEREAS, the City Council has found that the Grantee has the special expertise, knowledge,
and experience necessary for the operation of the Program; and, that the City will receive adequate
consideration in the form of substantial public benefit; and NOW, THEREFORE:
THE PARTIES, FOR GOOD AND VALUABLE CONSIDERATION, AGREE AS
FOLLOWS:
Article 1. SCOPE OF SERVICE
A. The City's Responsibilities
The City agrees to provide the Grantee with funding provided by the State of Texas
pursuant to the Coronavirus Relief Fund established within section 601 of the Social
Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act (the "CARES Act"), not to exceed the amount as stated in the attached
EXHIBIT A, to be distributed and used according to the provisions of this Agreement.
2. The Funding will be limited to the City's performance of the Program, including the
satisfaction of expenses incurred by the City in its performance of the Program.
3. The City's awarding of the Funding under this Agreement is contingent upon the City's
receipt of adequate funds to meet the City's liabilities under this Agreement. If adequate
funds are not made available to the City so that it cannot award the Funding, then the City
shall notify the Grantee in writing within a reasonable time after such fact is determined,
the City shall terminate this Agreement, and the City will not be directly or indirectly liable
for failure to award the Funding to the Grantee under this Agreement.
4. The City shall not be liable to the Grantee for any cost incurred by the Grantee which has
been paid to the Grantee, which is subject to be paid to the Grantee, which has been
reimbursed to the Grantee, or which is subject to reimbursement to the Grantee by any
source other than the City.
The City shall not be liable for any cost incurred by the Grantee which is not an allowable
cost as set forth in this Agreement or under the Coronavirus Relief Fund Terms and
Conditions.
6. The City shall not be liable to the Grantee for any cost incurred by the Grantee or for any
performance rendered by the Grantee which is not strictly in accordance with the terms of
this Agreement, including the Coronavirus Relief Fund Terms and Conditions.
7. The City shall not be liable to the Grantee for any cost incurred by the Grantee in the
performance of this Agreement which has not been billed to the City by the Grantee within
sixty (60) days following the termination of this Agreement.
8. The City shall not be liable for any cost incurred or performance rendered by the Grantee
before the commencement or after termination of this Agreement.
9. The City may, at its sole discretion and convenience, review any work specifications prior
to the beginning of a procurement process under this Agreement, and the City may inspect
any construction for compliance with work specifications prior to the release of the
Funding.
B. The Grantee's Responsibilities
1. The Grantee will be responsible for administering the Program in a manner satisfactory to
the City and in compliance with this Agreement and with any and all statutory standards
related to the Funding.
2. The Grantee certifies that all of its activities carried out for the Program through the
Funding will satisfy the Coronavirus Relief Fund Terms and Conditions, which are
attached as EXHIBIT B and incorporated herein by reference. The Grantee agrees to repay
any and all of the Funding that does not satisfy the regulations required under this
provision.
3. The Grantee shall perform all activities related to the Program in accordance with its
budget; all applicable laws and regulations; and, with the assurance, certifications, and all
other terms, provisions, and requirements set forth in this Agreement.
4. Upon the City's request, while this Agreement is in effect, the Grantee shall submit to the
City any and all reports, documents, or information on the Grantee's performance of the
Funding or the Program contemplated under this Agreement.
5. In addition to the limitations on liability otherwise specified in this Agreement, it is
expressly understood and agreed to by the Parties that if the Grantee fails to submit to the
City in a timely and satisfactory manner any reports, documents, or information requested
by the City under this Agreement, the City may, at its sole discretion, withhold all, or any
part of, the Funding. If the City withholds all, or any part of, the Funding, it shall notify
the Grantee in writing of its decision and the reasons therefor. Any Funding withheld
pursuant to this paragraph may be held by the City until such time as the obligations for
which the Funding is being withheld is fulfilled by the Grantee to the satisfaction of the
City.
6. The Grantee shall refund to the City any Funding that has been paid to the Grantee by the
City for which the City determines is a result of overpayment of the Funding to the Grantee,
or for which the City determines any of the Funding has not been spent by the Grantee
strictly in accordance with the terms of this Agreement. Such refund shall be made by the
Grantee to the City within thirty (30) working days after such refund is requested by the
City.
The Grantee will certify eligibility by completion of Self Certification form to verify
participant eligibility in the Program.
8. The Grantee agrees that any interests or assets obtained with the Funding shall revert back
to the City in the event that the Grantee dissolves, files for bankruptcy, or goes out of
business for any reason.
C. Performance Monitoring
General Monitoring. The City will monitor the Grantee's performance under this
Agreement in order to ensure that the Grantee complies with the terms of this Agreement
and all other applicable laws and regulations related to this Agreement and the Funding
provided through this Agreement (the "Monitoring"). The Monitoring will be based on a
risk analysis and a monitoring plan developed at the beginning of the contract term, and
will take place on a monthly and quarterly basis as described below. Substandard
performance as determined by the City will constitute non-compliance with this
Agreement. If action to correct such substandard performance is not taken by the Grantee
within a reasonable period of time after being notified by the Grantee in writing, the City
may suspend or terminate this Agreement.
2. On -site Monitoring. The number of on -site Monitoring visits will be determined by the
City. The City will send a Monitoring notification letter sent to the Grantee at least fifteen
(15) days before a Monitoring visit. The City must provide a written response to the
Monitoring report within thirty (30) days that describes how the City will resolve the issues
raised by the City in the Monitoring report. The Grantee must confirm receipt of the
Monitoring report within thirty (30) days if no actionable issues were identified in the
Monitoring report. The City reserves the right to conduct a spot check of Grantee's facility
where program takes place, at any given time without notice.
Article 2. TIME OF PERFORMANCE
Services of the Grantee shall start on June 9, 2020, and end on January 31, 2021 (the "Term")
for eligible expenses incurred during the period that begins on March 1, 2020, and ends on
December 30, 2020. The Term and the provisions of this Agreement shall be extended to cover
any additional time period during which the City remains in control of the Funding or other CRF
assets, including income from the Program. The end date for the Agreement may be extended by
the Parties, by mutual agreement, to permit for final reporting and close out.
Article 3. BUDGET
The Funding made available to the Grantee under this Agreement shall be specifically drawn from
the sources listed in this section (the "Budget"). The Funding made available to the Grantee under
this Agreement shall be drawn from several allocations by the State of Texas to the City, including
allocations which come in different fiscal years, as set forth in EXHIBIT A, and pursuant to the
Corona Relief Fund Terms and Conditions and the Coronavirus Relief Fund established within
section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief,
and Economic Security Act. The City reserves the right to reallocate funding between and among
the various CRF Programs, and all amounts shown for this Program described in EXHIBIT A are
subject to change.
Article 4. PAYMENT
A. The Payment
The Funding shall be disbursed on a monthly basis based on the Grantee's submission to the City
of a written request for reimbursement, with such request being in a form acceptable to the City
(the "Payment"). Expenses eligible for Payment to the Grantee by the City shall be those expenses
that have been incurred or paid for by the Grantee prior to the Grantee's submission to the City of
a request for Payment. In its request to the City for the Payment, the Grantee shall submit detailed
documentation to the City that clearly shows the source of the expenses incurred or paid for by the
Grantee that are the subject of the Grantee's request for Payment. Such source documentation
includes, but is not limited to, time sheets, paycheck stubs, receipts, invoices, billing statements,
or other verification in support of all expenditures incurred by the Grantee in its performance of
the Program.
B. Not To Exceed
The total amount of the Funding to be paid by the City under this Agreement shall not exceed the
amount as stated in the attached EXHIBIT A for the Project. Any drawdowns on the Payment
and any expenses for the general administration of the Program shall be made against the line item
budgets specified in this Agreement and in accordance with the Grantee's performance of
Program.
Article 5. GENERAL CONDITIONS
A. General Compliance
1. The Grantee agrees to comply with the requirements of the Corona Relief Fund Terms and
Conditions and the Coronavirus Relief Fund established within section 601 of the Social
Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act.
2. The Grantee also agrees to comply with all other applicable Federal, State and local laws,
regulations, and policies governing the Funding provided under this Agreement. The
Grantee further agrees to utilize the Funding under this agreement to supplement, rather
than supplant, funds otherwise available.
3. The Grantee shall comply with all applicable Federal laws, regulations, and requirements
and all provisions of this Agreement, which include compliance with the provisions of the
Coronavirus Relief Fund Terms and Conditions, and all rules, regulations, guidelines, and
circulars promulgated by the various State and Federal departments, agencies,
administrations, and commissions relating to the CRF Program.
B. "Independent Contractor"
Nothing contained in this Agreement is intended, or shall be construed in any manner, to create
or establish the relationship of employer and employee between the Parties. The Grantee shall
at all times remain an "independent contractor" with respect to the services to be performed
under this Agreement. The City shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life, medical insurance, and Workers' Compensation
insurance as the Grantee is an independent contractor.
C. Indemnity and Release
THE GRANTEE SHALL INDEMNIFY AND HOLD HARMLESS, TO THE
FULLEST EXTENT PERMITTED BY LAW, THE CITY, AND THE CITY'S
RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND
AGENTS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS,
OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR
INDIRECTLY, OR ARE RELATED, IN ANY WAY, MANNER, OR FORM, TO
THE ACTIVITIES CONTEMPLATED HEREUNDER.
2. THE GRANTEE SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE
OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND OR AGENTS, AS
APPLICABLE, ALL ATTORNEYS' FEES INCURRED BY ENFORCING THE
GRANTEE'S INDEMNITY HEREIN.
3. THE GRANTEE, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED
OFFICIALS, AND AGENTS SHALL NOT BE LIABLE, AND THE GRANTEE
HEREBY RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS,
EMPLOYEES, ELECTED OFFICIALS, AND AGENTS, FOR, FROM, AND
AGAINST ANY LOSSES, DAMAGES, CLAIMS, OR LIABILITIES TO THE
GRANTEE.
4. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THIS
AGREEMENT.
D. Right to Exercise
The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief
in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration
process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth
herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of
any conflict between this provision and another provision in, or related to, this Agreement, the
former shall control.
E. Workers' Compensation
If applicable, the Grantee shall provide Workers' Compensation insurance coverage for all of
its employees involved in the performance of this Agreement.
F. Insurance and Bonding
The Grantee shall carry sufficient insurance coverage to protect Program assets from loss due
to theft, fraud, and/or or undue physical damage, and as a minimum, shall purchase a blanket
fidelity bond covering all employees in an amount equal to cash advances from the City.
G. Grantor Recognition
The Grantee shall insure recognition of the role of the grantor agency in providing services
through this Agreement. All activities, facilities, and items utilized pursuant to this Agreement
shall be prominently labeled as to the Funding source. In addition, the Grantee will include a
reference to the Funding in all publications made possible under this Agreement.
H. Amendments
The City or the Grantee may amend this Agreement at any time, provided that such
amendments make specific reference to this Agreement and are executed in writing, signed
by a duly authorized representative of both Parties. Such amendments shall neither
invalidate this Agreement nor relieve or release the City or the Grantee from its obligations
under this Agreement.
2. The City may, in its discretion, amend this Agreement to conform with Federal, State, or
local governmental guidelines, policies, and available funding amounts, or for any other
reason. If such amendments result in a change in the Funding, the scope of services, or the
schedule of the activities to be undertaken as part of this Agreement, such modifications
will be incorporated only by written amendment signed by both Parties.
I. Suspension or Termination
Either Party may terminate this Agreement by giving written notice to the other Party of
such termination, and specifying the effective date thereof, at least thirty (30) days before
the effective date of such termination. Partial termination of this Agreement may only be
undertaken with the prior approval of the City. In the event of any termination for
convenience, all finished or unfinished documents, data, studies, surveys, maps, models,
photographs, reports, or other materials prepared by the Grantee under this Agreement
shall, at the option of the City, become the property of the City, and the Grantee shall be
entitled to receive just and equitable compensation for any work completed on such
documents or materials prior to the termination.
2. The City may terminate this agreement if the Grantee fails to comply with any terms of
this Agreement, whole or in part which include (but are not limited to) the following:
a) Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statutes, regulations, executive orders and the Coronavirus Relief Fund Terms and
Conditions, as may become applicable at any time;
b) Failure, for any reason, of the Grantee to fulfil in a timely and proper manner its
obligations under this Agreement;
c) Ineffective or improper use of CRF funds provided under this agreement; or
d) Submission by the Grantee to the City of reports that are incorrect or incomplete in any
material respect.
3. The City may suspend or terminate this Agreement if the City reasonably believes that the
Grantee is in noncompliance with any requirement of this Agreement, then the City may
withhold up to fifteen percent (15%) of the Funding until such time as the Grantee is found
to be, or is otherwise adjudicated, to be in compliance.
4. The City may terminate this Agreement in the event of an emergency or disaster, whether,
an act of God, natural or manmade, by giving twenty-four (24) hour notice. The City may
give said notice verbally to the Grantee. Any expenditure incurred prior to receiving notice
will be reimbursed; however, in no event shall the City pay any expenses incurred after
notice of termination is received by the Grantee.
Article d. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards. The Grantee agrees to comply with the Coronavirus Relief Fund
Terms and Conditions, and agrees to adhere to the accounting principles and procedures
required therein, utilize adequate internal controls, and to maintain necessary source
documentation for all costs incurred under this Agreement.
2. Cost Principles. To the extent that the Coronavirus Relief Fund Terms and Conditions do
not provide guidance or clarity, the Grantee shall administer its program in conformance
with the fiscal policies, practices, and directives of the City of Lubbock, which shall be
applied to all direct or indirect costs incurred by the Grantee under this Agreement.
B. Documentation and Record -Keeping
1. Records to be Maintained. The Grantee shall maintain all records required by the
Coronavirus Relief Fund Terms and Conditions that are pertinent to the activities to be
funded under this Agreement. Such records shall include but not be limited to -
a) Records demonstrating that each activity meets the CRF Program guidelines or
requirements;
b) Records required to determine the eligibility of activities;
c) Financial records;
2. Retention. The Grantee shall retain all financial records, supporting documents and all
records pertinent to the Agreement for a period of no less than five (5) years from the date
of the conclusion of this Program. Notwithstanding the above, if there is any litigation,
claim, audit, negotiation or other action that involves any of the records cited herein and
that has started before the expiration of the five (5) year period, then such records must be
retained until the completion of the actions and resolution of all issues, or the expiration of
the five (5) year period, whichever occurs later.
3. Client Data. The Grantee shall maintain client data that demonstrates its client eligibility
for the Funding and services provided under this Agreement. Such data shall include, but
not be limited to: client name or identifier; client address; client income level; age, gender,
race, ethnicity or other determination of client eligibility; and, a description of the service
provided to the client related to this Agreement. Such information shall be made available
to the City for review upon request.
4. Disclosure. The Grantee understands that client information collected under this
Agreement is private, and the use or disclosure of such information, when not directly
connected with the administration of the City or Grantee's responsibilities related to this
Agreement, is prohibited unless written consent is obtained from such client receiving
service(s) and in the case of a minor, that of a responsible parent or guardian, unless
otherwise required by law.
Close -Outs. The Grantee's obligation to the City under this Agreement shall not end until
all close-out requirements under this Agreement are completed pursuant to applicable
Federal regulations and law. Activities during this close-out period shall include, but are
not limited to: making final payments; disposing of Program assets (including the return of
all unused materials, equipment, unspent cash advances, Program income balances, and
accounts receivable to the City); final close-out reports; and, determining the custodianship
of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in
effect during any period that the City has control of the CRF funds, including program
income.
6. Audits & Inspections. All of the Grantee's records related to this Agreement shall be made
available at any time during normal business hours as often as the City or its designee
deems necessary to monitor, audit (if required), examine, or make excerpts or transcripts
of any data relevant to this Agreement in order for the City to produce an audit report. Any
deficiencies noted in an audit report must be fully cleared by the Grantee within thirty (30)
days after receipt by the City. Failure of the Grantee to comply with the above audit
requirements will constitute a violation of this Agreement and may result in the
withholding of Funding. The Grantee hereby agrees to have an annual internal audit
conducted in accordance with current City policy concerning Grantee audits and, if
required, a regular audit under the Coronavirus Relief Fund Terms and Conditions.
C. Reporting and Payment Procedures
Payment Procedures. The City will pay to the Grantee Funds based upon information
submitted by the Grantee and consistent with any approved budget and City policy
concerning the Payments. Payment will be made for eligible expenses actually incurred by
the Grantee, and not to exceed actual cash requirements. Payments will be adjusted by the
City in accordance with advance fund and program income balances available in the
Grantee's accounts. In addition, the City reserves the right to liquidate any part of the
Funding for costs incurred by the City on behalf of the Grantee.
Performance and Financial Reports. Throughout the Term, the Grantee shall submit
monthly reports to the City, in a format, content and frequency as required by the City. A
monthly Performance Report, a Financial Report, and a narrative for the Grantee's Program
activity and shall include the amount of all of the Grantee's expenditures for each of its
Program activities. The Grantee shall submit such reports, demographics and narratives no
later than the tenth (101") day of each month. The End of Year report is due no later than
October 10 following any fiscal year during which the Program remains in effect.
Reporting will continue from the start of Program activity through the end of the Program
year.
D. Procurement
Compliance. The Grantee shall comply with the Coronavirus Relief Fund Terms and
Conditions and the City's policies concerning the purchase of equipment and shall maintain
inventory records of all non -expendable personal property procured with CRF funds. All
Program assets purchased with Funding, including unexpended program income, property, or
equipment, shall revert to the City upon the termination of this Agreement.
CRF Standards. Unless specified otherwise within this Agreement, the Grantee shall
procure all materials, property, or services in accordance with the requirements of the
Coronavirus Relief Fund Terms and Conditions and the policies of the City.
2. Travel. The Grantee shall obtain written approval from the City for any travel outside the
metropolitan area that is financed in any way through the Funding under this Agreement.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of the Coronavirus Relief Fund Terms and Conditions, as
applicable, which include but are not limited to the following:
1. Any Subrecipient used by the Grantee shall transfer to the Grantee all CRF funds on hand
and any accounts receivable attributable to the use of the Funding under this Agreement at
the time of expiration, cancellation, or termination of this Agreement.
2. In all cases in which equipment acquired, in whole or in part, with the CRF Funding under
this Agreement is sold, the proceeds shall be Program income to reflect the extent to that
funds received under this Agreement were used to acquire the equipment. Equipment not
needed by the Grantee for activities under this Agreement shall be (a) transferred to the
City for the CRF program, or (b) retained after compensating the City for an amount equal
to the current fair market value of the equipment less the percentage of any non-CRF funds
used to acquire the equipment.
Article 7. PERSONNEL & PARTICIPANT CONDITIONS
A. Compliance With Laws
Compliance, The Grantee agrees to comply, and to require its subcontractors to comply,
with the Coronavirus Relief Fund Terms and Conditions, and all federal, state, and local
laws, ordinances, executive orders, and declarations, including those related to:
a) non-discrimination in employment and contracting opportunities laws, regulations and
executive orders;
b) land covenants;
c) laws prohibiting discrimination against the individuals with disabilities or handicaps
under state or federal law;
d) maintenance of a report that documents the race and ethnicity of its employees; and
e) maintenance of current copies of its fair housing and equal opportunity policies.
B. Affirmative Action
Approved Plan, The Grantee agrees they shall be committed to carry out pursuant to the City's
specifications an Affirmative Action Program in keeping with the principles as provided in the
President's Executive Order 11246 of September 24, 1965. If the Grantee receives Federal
funds through the City, then the Grantee shall be required to develop a written Affirmative
Action Program to insure that equal opportunity is provided in all aspects of its employment.
1. Women- and Minority -Owned Business (W'MBE). The Grantee will use its best efforts to
afford small businesses, minority- and women -owned business enterprises and women's
business enterprises the maximum practicable opportunity to participate in the performance
of this Agreement. The terms "small business" means a business that meets the criteria set
forth in section 3(a) of the Small Business Act, as amended (15 U.S.0 632), and "minority
1%
and female business enterprise" means a business at least fifty-one percent (51%) owned
and controlled by minority group members or women, For the purpose of the term
"minority group members" means Afro-Americans, Spanish-speaking, Spanish -surnamed
or Spanish -heritage Americans, Asian -Americans, and American Indians. The Qty
Grantee may rely on written representations by businesses regarding their status as
minority- and women -owned business enterprises in lieu of an independent investigation,
2. Access to Records. The City shall furnish and cause any Grantee or subcontractor to furnish
all information and reports required hereunder and will permit access to its books, records,
and accounts by the City, or its agent, or other authorized Federal officials for purposes of
investigation to ascertain compliance with the rules, regulations, and provisions stated
herein.
3. Notifications. The City will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a notice,
to be provided by the agency contracting officer, advising the labor union or worker's
representative of the City's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
4. Subcontract Provisions. The City will include the provisions of the Civil Rights and
Affirmative Action sections of this Agreement, in every subcontract or purchase order,
specifically or by reference, so that such provisions will be binding upon each Grantee or
subcontractor.
C. Employment Restrictions
Prohibited Activity. The Grantee is prohibited from using the Funding provided herein or
personnel employed in the administration of the Program for political activities, inherently
religious activities; sectarian activity, religious activity, lobbying, political patronage, or
nepotism.
2. Labor Standards. The Grantee agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract
Work Hours and Safety Standards Act, the Copeland "Anti -Kickback" Act (40 U.S.C. 327
ei seq.) and all other applicable Federal, State, and local laws and regulations pertaining to
labor standards insofar as those acts apply to the performance of this Agreement. The
Grantee agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.)
and it's implementing regulations of the U.S. Department of Labor Act at 29 CFR Part 5.
The Grantee shall maintain documentation that demonstrates compliance with hour and
wage requirements of this part. Such documentation shall be made available to the City
for review upon request.
D. Assignability
The Grantee shall not assign or transfer any interest in this Agreement without the prior written
consent of the City. Claims for money due or to become due to the City from the Grantee under
11
this Agreement may be assigned to a bank, trust company, or other financial institution without
such approval. Notice of any such assignment or transfer shall be furnished promptly to the
City.
E. Subcontracts
1. Approvals. The Grantee shall not enter into any subcontracts with any agency or individual
in the performance of this Agreement without the written consent of the City prior to the
execution of such subcontract.
2. Monitoring. The City will monitor the performance of the Grantee. All subcontracted
services on a risk analysis basis to assure contract compliance. Results of monitoring
efforts shall be summarized in written reports and supported with documented evidence of
follow-up actions taken to correct areas of noncompliance. Substandard performance as
determined by the City will constitute noncompliance with this agreement. if action to
correct such substandard performance is not taken by the Grantee within a reasonable time
after being notified, Agreement suspension or termination will take place.
3. Content. The Grantee shall cause all of the provisions of this Agreement in its entirety to
be included in and made a part of any subcontract executed in the performance of this
Agreement.
4. Suspension and Debarment. The Grantee shall not enter into any subcontracts with an
agency, business, or individual that has been suspended, debarred, or otherwise excluded
from Federal grants. The Grantee shall maintain records demonstrating that it has reviewed
potential subcontractors against the debarred and excluded list prior to committing any of
the Funding to a subcontract.
F. Hatch Act
The Grantee agrees that no Funding or personnel employed under this Agreement shall be in
any way or to any extent engaged in the conduct of political activities in violation of Chapter
15 of Title V U.S.C.
G. Conflict of Interest
The Grantee agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include
but are not limited to:
The Grantee shall maintain a written code of conduct to govern the performance of its
officers, employees or agents engaged in the award and administration of contracts
supported by Federal funds.
2. No covered persons who exercise or have exercised any functions or responsibilities with
respect to the CRF Program, or who are in a position to participate in a decision -making
process or gain inside information with regard to such program activities, may obtain a
14
financial interest in any contract, or have a financial interest in any contract, subcontract,
or agreement with respect to the CRF Program, or with respect to the proceeds from the
CRF Program, either for themselves or those with whom they have business or immediate
family ties, during their tenure or for a period of one (1) year thereafter. For purposes of
this paragraph, a "covered person" includes any person who is an employee, agent,
consultant, officer, or elected or appointed official of the City, the Grantee, or any
designated public agency.
H. Lobbying
The Grantee hereby certifies that:
No CRF Program funds have been paid or will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an officer or employee of any agency, any elected
official, any officer or employee of an elected official, or any employee of an elected
official in connection with the awarding of any CRF Program contract, the making of any
CRF Program grant, the making of any CRF Program loan, the entering into of any CRF
Program cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any CRF Program contract, grant, loan, or cooperative agreement;
2. If any funds other than CRF Program appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency,
any elected official, any officer or employee of an elected official, or any employee of an
elected official in connection with a CRF Program contract, grant, loan, or cooperative
agreement, it will notify the City of such payment(s).
3. It will require that this Agreement be included in the award documents for all subawards
at all tiers, including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements, and that all Subrecipients shall certify and disclose accordingly.
I. Copyright
If this Agreement results in any copyrightable material or inventions, the City reserves the right
to royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use
and to authorize others to use, the work or materials for government purposes.
J. Religious Organization
The Grantee agrees that the Funding provided under this Agreement will not be utilized for
religious activities, to promote religious interests, or for the benefit of a religious organization,
such as worship, religious instruction or proselytization.
Article 8. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect.
15
Article 9. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
Article 10. WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right
to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
Article l 1. CHAPTER 2270, SUBTITLE F, TITLE 10, TEXAS GOVERNMENT CODE
The City warrants that it is in compliance with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying that it does not boycott Israel, and that it will not boycott Israel
during the term of this Agreement.
Article 12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties for the use of funds received
under this Agreement and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written between the City and the Grantee, and any
Subrecipient, with respect to this Agreement.
IN WITNESS HEREOF, THE PARTIES HAVE EXECUTED AND ENTER INTO THIS AGREEMENT ON THE
EFFECTIVE DATE
[Execution Page to Follow]
16
EXECUTION
DATE: June 9, 2020
FOR: THE CITY OF LUBBOCK
DANIEL M. POPE, Mayor
ATTEST:
— 1 kkeba Garza, City Se et
APPROVED AS TO CONTENT:
+! � WMA-4r�
Karen Murfee, Community Development Director
APPROVED AS TO FORM:
17
DATE: o lo2i o20
FOR: YWCA OF LUBBOCK
LENDA MATHIS,
Chief Executive Officer
ELIZAIWTH HILL, Board President
FED. I.D. #75-0939427
EXHIBIT A
Coronavirus Relief Fund (CRF) Childcare Assistance Program
To: YWCA of Lubbock
3101 35th Street
PO Box 94136
Lubbock, TX 79493
Attn: Glenda Mathis, CEO
From: City of Lubbock
1314 Avenue K
PO Box 2000
Lubbock, TX 79457
Attn: Karen Murfee, Director of Community Development
Re: Coronavirus Relief Fund (CRF)
Childcare Assistance Program Agreement
Program Title and Administration
The YWCA of Lubbock (Grantee) will be responsible for administering a Coronavirus
Relief Fund (CRF) Program entitled the Childcare Assistance Program, Pursuant to
Coronavirus Relief Fund Terms and Conditions, promulgated by the Texas Division of
Emergency Management, and the Coronavirus Relief Fund established within section 601 of
the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and
Economic Security Act (the "CARES Act"), said Funding to be distributed and used to
provide Childcare Assistance Program in according to the provisions of this Agreement.
Budget
The budget for this program is $500,000.
Term
The term of this Agreement is from June9, 2020 to December 31, 2020 for eligible expenses
incurred during the period that begins on March 1, 2020, and ends on December 31, 2020.
This program will assist individuals directly impacted by a loss of income due to the COVID-
19 public health emergency with emergency financial assistance in the form of child care
vouchers.
Ineligible Expenditures
The following expenses are not eligible for payments from CRF Funds:
1. Expenses for the State share of Medicaid.
2. Damages covered by insurance.
3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated
to mitigating or responding to the COVID-19 public health emergency.
4. Expenses that have been or will be reimbursed under any federal program, such as the
reimbursement by the federal government pursuant to the CARES Act of contributions by
States to State unemployment funds.
5. Reimbursement to donors for donated items or services.
6. Workforce bonuses other than hazard pay or overtime.
7. Severance pay.
S. Legal settlements.
9. Pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be
expended for an elective abortion or on research in which a human embryo is destroyed,
discarded, or knowingly subjected to risk of injury or death. The prohibition on payment for
abortions does not apply to an abortion if the pregnancy is the result of an act of rape or
incest; or in the case where a woman suffers from a physical disorder, physical injury, or
physical illness, including a life -endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician, place the woman in danger of
death unless an abortion is performed. Furthermore, no government which receives payments
from the Fund may discriminate against a health care entity on the basis that the entity does
not provide, pay for, provide coverage of, or refer for abortions.
CORONAVIRUS RELIEF FUND (CRF)
TERMS AND CONDITIONS
TEXAS DIVISION OF EMERGENCY MANAGEMENT
MAY 11, 2020
■ Page. 1 123
EXHIBIT B
About This Document
In this document, grantees will find the terms and conditions applicable to payments distributed in the
form of grants to local units of governments from the Coronavirus Relief Fund established within section
601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act ("CARES Act").
These requirements are in addition to those that can be found within the Grant Management System
(GMS), to which grantees agreed to when accepting the grant. Other state and federal requirements and
conditions may apply to your grant, including but not limited to: 2 CFR Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas
Government Code; the Uniform Grant Management Standards (UGMS) developed by the Comptroller of
Public Accounts; the state Funding Announcement or Solicitation under which the grant application was
made; and any applicable documents referenced in the documents listed above.
To the extent the terms and conditions of this grant agreement do not address a particular circumstance
or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the
general objectives, expectations and purposes of this grant agreement and in all cases, according to its fair
meaning. The parties acknowledge that each party and its counsel have reviewed this grant agreement
and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting
party shall not be employed in the interpretation of this grant agreement. Any vague, ambiguous or
conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the
grant agreement.
Page 2 1 23
Table of Contents
About This Dummmmmnt__—_......... _....... _.......................................................................................
_�
1.1
Applicability o{Grant Agreement mmdProvisiona—__-----'_,,~___,-__,__~.-,~~5
12
LwgmlAuthority to App|y...................... .......... .......... -----...... _,,~,.,,__.,,,,,,,,,',,,,,.5
13
Grant Acceptance .......... ...... ...... ........ ......... ...... -------.___,,,,_'_,',,.,_,,,,,,,_.,,,,,.5
1/4
Project Period ... .... ,..................................................................... ...............................................
5
I.S
6 e n erm|Responsibility ..,..,.,..,.,...,...,--................................. ...... ..................... —'~—`5
1.6
Anmendments. and Changes to the Grant Agreennmryt.............................. ---'........................
6
13
Jurisd Ictiomw|CpopwiraWn........................................ ........................... ----...................... ,,,7
1J8pu
blic|nfonmmtion and MW]ngs-.............................................................................................
7
1.9
Remedies tar Non -Compliance .................................................. .... ...... ............................. .....
.7
1-10
False Statements by Grantee .................................................. —......... ................................. --8
1-11
Conflict ufinterest................................ ........ .--.--....................................
..8
1.12
Fraud, Waste, and Ahwse-~-.......................................... ____ ................ .............. —_--8
1.13
Ternmnation mf the Agreement ................................... .................. .................................... —......
g
1.14
Limitation of Liability .......... ......... --___,,',_,_,,.,,,,,,,,,.,,,,,',_,..,~~,'................ .........
9
1.15
Dispute Mmso|ut|on—....... ..... ....... ......................................................................................... —.10
1.16
Liability for Taxes ..... _--_'---~..................................................................................
1U
1-17
Required State Assurances ---.'_,--..-.......... ~---........................
1L1M
9yxtemforAwmrdh6mmmgem^ent(SAM)Hequirwmwnts .-..~.~-..~—......................
1,19
Nnnb||gmtionbVFederal Gove,nnvent.,..,.,.,.,.,,.,..—.,.............. ... ___ .............................
11
1,20
Notice ............... .................. _........... `-..~_~.~~.~~~.~~...... '..........................
11
1.21
�orceMajeuoo........ -_..................... ....................................... .............................................
11
1.22
Debt nuState. ,.... ___,_-,~~.~~,.~.~~~.~.~~~~_,~~,........... .................... ......
11
1.23
11'runchkeTax Certifkc"on............................................................................................ ___ ........
%1
1.24
Svvwrah||it9................... ............................... --_... ................................................... ....... .....
12
1,25
E-VeMfy...... ....................................... ___ —......... ... -.... ......................................................... -.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
1.2-9
SwspennOnand [ekarmemt............ .................................. ---,,,,.,......................................
l2
1.30
Energy Consmnat|on......... ...................... ___ .................... _--,,.,......................................
13
1.31
Procurement of Recovered Materials. ..... --............................ ..............................................
13
1.32
Terminated Cwmtnyots—................... -----.---.... .........................................................
13
2.1 Property Mana0mnnentand Inventory ..... _—~..................................................................... 13
2,2 Consulting Contracts ....... —...... —....... .............. -.-................................................ 14
23 Procurement Practices and Policies --_~~~.~~~~~..~~~.~.~.~~—..~~............... %4
2A Contract Provisions Under Fedmrm|Awards ........................................................... ___ ...... ....... 14
3.1 Cooperation with hdon�tmrh,g, Audits, and Records Reqwrem ents........................................... 24
32 Sktoe Audit Rwquiremnents....... —... —................ --------_....... ,,,,,,_,.,.,,,,,..,..,,,1.5
ppg�� 3 1 23
3/* Records Retention ........................................ ............................. ........... ......... ......... --....... 15
4 Prohibited and Regulated ActivIties and Expenditures .................................. ............................. ........ 16
4.1 Prohibited Costs .................................... ................................................. ............................ --'16
4.3 Political Activities ............................................... ................................ ---...................... .,.-16
5 Financial.... ...... ............ ................................................................... ........................... 17
S.1 Direct Deposit --- ..... -~~--~~~~................................ ............................................ .%7
5~2 Payments and Required ..................... .............. .............. ..17
5.3 Financial Report|ng--.................................................... ....... --- ......... ...................... ........ ..-17
5,4 Rmmobursenwn,m--..... -,.,.,,,,,~,.,.,,~,...,---,--......... .................. .............. ...... -18
MRef unds aM Deductions -,.................................... .-................... ......................................... %8
5�6 Recapture of Funds..__,.,.,,.,,.',~,.,..,-,.,-.--- ...... ... ......................... .................... '``18
51 Liquidation Period. -,-,.,....,,.,..,..,..,...-.-.................................. ...... ....... --........ .IS
51 Project Close Out.-`- ............................... ~--........ ...................... -_—_--'---,-.1S
EXHIBITA - State afTexas Asmwranoem....... ,-,.-................................................ -.-........................... 19
EXH|B[TB-CARES ACT CO RONAY|KUS REUEF FUNDELh3NNLITY CERTIFICATION.~--....................... ....... .21
Ppge4|2D
1 Grant Agreement Requirements and Conditions
1.1 Applicability of Grant Agreement and Provisions
The Grant Agreement is subject to the additional terms, conditions, and requirements of other laws, rules,
regulations and plans recited herein and is intended to be the full and complete expression of and
constitutes the entire agreement between the parties hereto with respect to the subject matter hereof
and all prior and contemporaneous understandings, agreements, promises, representations, terms and
conditions, both oral and written, are superseded and replaced by this Grant Agreement.
Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations
pertaining to the grant close-out, cooperation and provision of additional information, return of grant
funds, audit rights, records retention, public information, and any other provision implying survivability
shall remain in effect after the expiration or termination of this Grant Agreement.
1.2 Legal Authority to Apply
The grantee certifies that it possesses legal authority to apply for the grant. A resolution, motion or simila r
action has been or will be duly adopted or passed as an official act of the applicant's governing body,
authorizing the filing of the application, including all understandings and assurances contained therein,
and directing and authorizing the person identified as the official representative, or their designee of the
organization to act in connection with the application and to provide such additional information as may
be required.
1.3 Grant Acceptance
The Notice of Subrecipient Grant Award remains an offer until the fully executed copy of this Grant
Agreement is received by the Texas Division of Emergency Management (TDEM).
1.4 Project Period
Funding has been authorized for eligible expenditures incurred between March 1, 2020 and December 30,
2020. The specific performance period for this grant is listed on the Notice of Subrecipient Grant Award.
All expenditures must be incurred, and all services must be received within the performance period. TDEM
will not be obligated to reimburse expenses incurred after the performance period. A cost is incurred
when the responsible unit of government has expended funds to cover the cost.
1.5 General Responsibility
Per the CARES Act, CRF grant funds may only be used to cover expenses that —
1. are necessary expenditures incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19)
2. were not accounted for in the budget most recently approved as of March 27, 2020 for the
state or government; and
3. were incurred during the period that begins on March 1, 2020 and ends on December 30,
2020.
The US Department of Treasury (Treasury) provided additional guidance on the permissible use of grant
funds, including nonexclusive examples of eligible expenses in the following categories:
1. Medical expenses,
2. Public health expenses,
Page 5 f 23
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:
htt s; home.treasur+ . ov s stem/files/135LCoronavirus-Re. ief-Lund.-Guidance-for-State-Territorial-Local-
and-Tribal-Governments.pdf
https://home.treasury.gov/system/filesLl3 ijCoronav_irus-Relief-Fund-Frequently-Asked-Questions.pdf
The subrecipient agrees that a minimum of 75% of its allotment will be spent in the categories of medical
expenses, public health expenses and payroll expenses for employees substantially dedicated to mitigating
or responding to the public emergency. The remainder of the allotment may be spent in any of the categories
provided within the Treasury guidance.
The grantee certifies compliance with these eligible expenses by executing the CARES Act Coronavirus Relief
Fund Eligibility Certification Form in Exhibit E, which is attached hereto and incorporated for all purposes.
The grantee is responsible for the integrity of the fiscal and programmatic management of the grant project;
accountability for all funds awarded; and compliance with TDEM administrative rules, policies and
procedures, and applicable federal and state laws and regulations.
The grantee will maintain an appropriate grant administration system to ensure that all terms, conditions
and specifications of the grant are met.
1.6 Amendments and Changes to the Grant Agreement
TDEM and the grantee may agree to make adjustments to the grant. Adjustments include, but are not
limited to, modifying the scope of the grant project, adding funds to previously un-awarded cost items or
categories changing funds in any awarded cost items or category, deobligating awarded funds or changing
grant officials.
The grantee has no right or entitlement to reimbursement with grant funds. TDEM and grantee agree that
any act, action or representation by either Party, their agents or employees that purports to waive or alter
the terms of the Grant Agreement or increase the maximum liability of TDEM is void unless a written
amendment to this Grant Agreement is first executed and documented in GMS. The grantee agrees that
nothing in this Grant Agreement will be interpreted to create an obligation or liability of TDEM in excess of
the "Maximum Liability of the TDEM" as set forth in the Notice of Subrecipient Grant Award.
Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in GMS
to be binding upon the Parties. Notwithstanding this requirement, it is understood and agreed by Parties
hereto, that changes in local, state a nd 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.
Page 6 1 23
1.7 Jurisdictional Cooperation
A municipality may yield any portion of its allocated funds to the county within which it exists or a county
may yield any portion of its allocated funds to a municipality within its footprint for eligible expenses, This
may be accomplished in one of the following ways:
1. By a grant amendment, as described in section 1.6, where by funds are deobligated from the original
subrecipient and then added to previously un-awarded costs items or categories of the receiving
jurisdiction's grant award.
2. A subrecipient may use funds pursuant to this agreement to subcontract with another political
subdivision within its jurisdiction for eligible and necessary expenditures incurred due to the public
health emergency. The subrecipient is responsible for ensuring subcontractor eligibility and
maintaining all required documentation.
1.8 Public Information and Meetings
Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that
the State of Texas, TDEM, and this Grant Agreement are subject to the Texas Public Information Act, Texas
Government Code Chapter 552 (the VIA"). The grantee acknowledges that TDEM will comply with the
PIA, as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas.
The grantee acknowledges that information created or exchanged in connection with this Grant
Agreement, including all reimbursement documentation submitted to TDEM, is subject to the PIA,
whether created or produced by the grantee or any third party, and the grantee agrees that information
not otherwise excepted from disclosure under the PIA, will be available in a format that is accessible by
the public at no additional charge to TDEM or State of Texas, The grantee will cooperate with TDEM in the
production of documents or information responsive to a request for information.
1.9 Remedies for Non -Compliance
If TDEM determines that the grantee materially falls to comply with any term of this grant agreement,
whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a
notice of award, or any other applicable requirement, TDEM, in its sole discretion may take actions
including:
1. Temporarily withholding cash payments pending correction of the deficiency or more severe
enforcement action by TDEM;
2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in
compliance;
3. Disallowing claims for reimbursement;
4. Wholly or partially suspending or terminating thisgrant;
5. Requiring return or offset of previous reimbursements;
6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs
administered by TDEM until repayment to TDEM is made and any other compliance or audit finding
is satisfactorily resolved;
7. Reducing the grant award maximum liability of TDEM;
8. Terminating this Grant Agreement;
9. Imposing a corrective action plan;
0 ci E- 7 1 23
10. Withholding further awards; or
11. Taking other remedies or appropriate actions.
The grantee costs resulting from obligations incurred during a suspension or after termination of this grant
are not allowable unless TDEM expressly authorizes them in the notice of suspension or termination or
subsequently.
TDEM, at its sole discretion, may impose sanctions without first requiring a corrective action plan.
1.10 False Statements by Grantee
By acceptance of this grant agreement, the grantee makes all the statements, representations, warranties,
guarantees, certifications and affirmations included in this grant agreement. If applicable, the grantee will
comply with the requirements of 31 USC § 3729, which set forth that no grantee of federal payments shall
submit a false claim for payment.
If any of the statements, representations, certifications, affirmations, warranties, or guarantees are false
or if the grantee signs or executes the grant agreement with a false statement or it is subsequently
determined that the grantee has violated any of the statements, representations, warranties, guarantees,
certifications or affirmations included in this grant agreement, then TDEM may consider this act a possible
default under this grant agreement and may terminate or void this grant agreement for cause and pursue
other remedies available to TDEM under this grant agreement and applicable law. False statements or
claims made in connection with TDEM grants may result in fines, imprisonment, and debarment from
participating in federal grants or contract, and/or other remedy available by law, potentially including the
provisions of 38 USC §§ 3801-3812, which details the administrative remedies for false claims and
statements made.
1.11 Conflict of interest Safeguards
The grantee will establish safeguards to prohibit its employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or personal gain,
whether for themselves or others, particularly those with whom they have family, business, or other ties.
The grantee will operate with complete independence and objectivity without actual, potential, or apparent
conflict of interest with respect to its performance under this Grant Agreement. The grantee certifies as to
its own organization, that to the best of their knowledge and belief, no member of The A&M System or The
A&M System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by
a member of The A&M System, has direct or indirect financial interest in the award of this Grant Agreement,
or in the services to which this Grant Agreement relates, or in any of the profits, real or potential, thereof.
1.12 Fraud, Waste, and Abuse
The grantee understands that TDEM does not tolerate any type of fraud, waste, or misuse of funds
received from TDEM. TDEM's policy is to promote consistent, legal, and ethical organizational behavior,
by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, TDEM
policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. The
grantee understands and agrees that misuse of award funds may result in a range of penalties, including
suspension of current and future funds, suspension or debarment from federal and state grants,
recoupment of monies provided under an award, and civil and/or criminal penalties.
In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds
received from TDEM that is made against the grantee, the grantee is required to immediately notify TDEM
of said allegation or finding and to continue to inform TDEM of the status of any such on -going
investigations. The grantee must also promptly refer to TDEM any credible evidence that a principal,
P jai e 8 1 23
employee, agent, grantee, contractor, subcontractor, or other person has -- (1) submitted a claim for
award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving award funds.
Grantees must also immediately notify TDEM in writing of any misappropriation of funds, fraud, theft,
embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant
requirements. Grantees must notify the local prosecutor's office of any possible criminal violations.
Grantees must immediately notify TDEM in writing if a project or project personnel become involved in
any litigation, whether civil or criminal, and the grantee must immediately forward a copy of any demand,
notices, subpoenas, lawsuits, or indictments to TDEM.
1.13 Termination of the Agreement
TDEM may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty
against TDEM, upon written notice to grantee. In the event grantee fails to perform or comply with an
obligation or a term, condition or provision of this Grant Agreement, TDEM may, upon written notice to
grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such
notification of Termination for Cause will state the effective date of such termination, and if no effective
date is specified, the effective date will be the date of the notification.
TDEM and grantee may mutually agree to terminate this Grant Agreement. TDEM in its sole discretion will
determine if, as part of the agreed termination, grantee is required to return any or all of the disbursed
grant funds.
Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided
in equity, by law, or under this Grant Agreement, including those remedies listed at 2 C.F.R. 200.207 and
2 C.F.R. 200.338 — 200.342. Following termination by TDEM, grantee shall continue to be obligated to
TDEM for the return of grant funds in accordance with applicable provisions of this Grant Agreement. In
the event of termination under this Section, TDEM's obligation to reimburse grantee is limited to allowable
costs incurred and paid by the grantee prior to the effective date of termination, and any allowable costs
determined by TDEM in its sole discretion to be reasonable and necessary to cost-effectively wind up the
grant. Termination of this Grant Agreement for any reason or expiration of this Grant Agreement shall not
release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated
to survive any such termination orexpiration.
1.14 Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE
STATE OF TEXAS AND AGENCY, AND/OR THEIR OFFICERS, REGENTS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS,
OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM
ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER
FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT
AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY
RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE
NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT
FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT
AND AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver
by TDEM as an agency of the State of Texas, its officers, regents, employees, agents, or contractors or the
State of Texas of any privileges, rights, defenses, remedies, or immunities from suit and liability that TDEM
or the State of Texas may have by operation of law.
Pogo 9 1 23
1.15 Dispute Resolution
The Parties' representatives will meet as needed to implement the terms of this Grant Agreement and will
make a good faith attempt to informally resolve any disputes.
Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise requested or
approved in writing by TDEM, the grantee shall continue performance and shall not be excused from
performance during the period any breach of Grant Agreement claim or dispute is pending.
The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules
adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TDEM and grantee to
attempt to resolve any claim for breach of contract made by the grantee that cannot be resolved in the
ordinary course of business. Grantee shall submit written notice of a claim of breach of contract under this
Chapter to the Chief of TDEM, who shall examine the grantee's claim and any counterclaim and negotiate
with grantee in an effort to resolve the claim.
The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to this
Grant Agreement, without regard to any otherwise applicable conflict of law rules or requirements. Venue
for any grantee -initiated action, suit, litigation or other proceeding arising out of or in any way relating to
this Grant Agreement shall be commenced exclusively in the Travis County District Court or the United States
District Court, Southern District of Texas - Houston Division. Venue for any TDEM-initiated action, suit,
litigation or other proceeding arising out of or in any way relating to this Grant Agreement may be
commenced in a Texas state district court or a United States District Court selected by TDEM in its sole
discretion.
The grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts
referenced above for the purpose of prosecuting and/or defending such litigation. The grantee hereby waives
and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any
claim that the grantee is not personally subject to the jurisdiction of the above -named courts; the suit, action
or proceeding is brought in an inconvenient forum; and/or the venue is improper.
1.16 Liability for Taxes
The grantee agrees and acknowledges that grantee is an independent contractor and shall be entirely
responsible for the liability and payment of grantee's and grantee's employees' taxes of whatever kind,
arising out of the performances in this Grant Agreement. The grantee agrees to comply with all state and
federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers'
compensation. TDEM and/or the State of Texas shall not be liable to the grantee, its employees, agents, or
others for the payment of taxes or the provision of unemployment insurance and/or workers' compensation
or any benefit available to a state employee or employee of TDEM.
1.17 Required State Assurances
The grantee must comply with the applicable State Assurances included within the State Uniform Grant
Management Standards (UGMS), Section III, Subpart B, _.14, which are attached hereto and incorporated
for all purposes as Exhibit A.
1.18 System for Award Management (SAM) Requirements
A. The grantee agrees to comply with applicable requirements regarding registration with the System for
Award Management (SAM) (or with a successor government -wide system officially designated by OMB
and, if applicable, the federal funding agency). These requirements include maintaining current
registrations and the currency of the information in SAM. The grantee will review and update
information at least annually until submission of the final financial report required under the award or
Page 10 1 23
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 Camp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory
authority. The grantee certifies it will verify each vendor's status to ensure the vendor is not debarred,
suspended, otherwise excluded or declared ineligible by checking the SAM before doing/renewing
business with that vendor.
C. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and
have not been subjected to suspension, debarment, or similar ineligibility determined by any federal,
state or local governmental entity and the grantee is in compliance with the State of Texas statutes
and rules relating to procurement and that the grantee is not listed in the federal government's
terrorism watch list as described in Executive Order13224.
1.19 No Obligation by Federal Government
The Parties acknowledge and agree that the federal government is not a party to this Grant Agreement
and is not subject to any obligations or liabilities to either Party, third party or subcontractor pertaining to
any matter resulting from this Grant Agreement.
1.20 Notice
Notice may be given to the grantee via GMS, email, hand -delivery, or United States Mail. Notices to the
grantee will be sent to the name and address supplied by grantee in GMS.
1.21 Force Majeure
Neither the grantee nor TDEM shall be required to perform any obligation under this Grant Agreement or be
liable or responsible for any loss or damage resulting from its failure to perform so long as performance is
delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages,
embargo, riot, war, revolution, terrorism, rebellion, insurrection, pandemic, flood, natural disaster, or
interruption of utilities from external causes. Each Party must inform the other in writing, with proof of
receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right
as a defense.
1.22 Debt to State
The grantee certifies, to the extent grantee owes any debt (child support or other obligation) or delinquent
taxes to the State of Texas, any payments grantee is owed under this Grant Agreement may be applied by
the Comptroller of Public Accounts toward any such debt or delinquent taxes until such debt or delinquent
taxes are paid in full.
1.23 Franchise Tax Certification
If grantee is a taxable entity subject to the Texas Franchise Tax (Chapter 171, Texas Tax Code), then grantee
certifies that it is not currently delinquent in the payment of any franchise (margin) taxes or that grantee is
exempt from the payment of franchise (margin) taxes.
PaSJe 11 1 23
1.24 Severability
If any provisions of this Grant Agreement are rendered or declared illegal for any reason, or shall be invalid
or unenforceable, such provision shall be modified or deleted in such manner so as to afford the Party for
whose benefit it was intended the fullest benefit commensurate with malting this Grant Agreement, as
modified, enforceable, and the remainder of this Grant Agreement and the application of such provision
to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent
permitted by applicable law.
1.25 E-Verify
By entering into this Grant Agreement, grantee certifies and ensures that it utilizes and will continue to
utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's e-Verify system
to determine the eligibility of (a) all persons employed during the contract term to perform duties within
Texas; and (b) all persons (including subcontractors) assigned by the grantee pursuant to the Grant
Agreement.
1.26 Compliance with Federal Law, Regulations, and Executive Orders
Grantee acknowledges that federal financial assistance funds will be used to fund the Grant Agreement.
Grantee will comply with all applicable federal law, regulations, executive orders, policies, procedures, and
directives.
1.27 Clean AirAct
The following is only applicable if the amount of the contract exceeds $150,000.
a. Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in
turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. Grantee agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with federal assistance provided by this Grant Agreement.
1.28 Federal Water Pollution Control Act
a. Grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 12S1 et seq.
b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in
turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
c. Grantee agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with federal assistance provided by this Grant Agreement.
1.29 Suspension and Debarment
a. This Grant Agreement is a covered transaction for purposes of 2 C.F.R. pt 180 and 2 C.F.R. pt.
3000. Grantee certifies that grantee, grantee's principals (defined at 2C.F.R. Sec. 180.995), or its
Page 12 1 23
affiliates (defined at 2 C.F.R. Sec. 180.905) are excluded (defined at 2 C.F.R. Sec. 180.940) or
disqualified (defined at 2 C.F.R. Sec. 180.935).
b. Grantee must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must
include a requirement comply with these regulations in any lower tier covered transaction it
enters into.
c. This certification is a material representation of fact relied upon by TDEM. If it is later determined
that grantee did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, in addition to
remedies available to TDEM, the Federal Government may pursue available remedies, including
but limited to suspension and/or debarment.
1.30 Energy Conservation
If applicable, grantee agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act.
1.31 Procurement of Recovered Materials
a. In the performance of this Grant Agreement, grantee shall make maximum use of products
containing recovered materials that are EPA -designated items unless the product cannot be
acquired —
(i) Competitively within a timeframe providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
b. Information about this requirement, along with the list of EPA -designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
htt s: www.e a. ov smm com rehensive- rocurement- uideline c rcr ram.
1.32 Terminated Contracts
The grantee has not had a contract terminated or been denied the renewal of any contract for
noncompliance with policies or regulations of any state or federally funded program within the past five (5)
years nor is it currently prohibited from contracting with a governmental agency. If the grantee does have
such a terminated contract, the grantee shall identify the contract and provide an explanation for the
termination. The grantee acknowledges that this Grant Agreement may be terminated and payment withheld
or return of grant funds required if this certification is inaccurate or false.
2 Property and Procurement Requirements
2.1 Property Management and Inventory
The grantee must ensure equipment purchased with grant funds is used for the purpose of the grant and
as approved by TDEM. The grantee must develop and implement a control system to prevent loss, damage
or theft of property and investigate and document any loss, damage or theft of property funded under
this Grant.
The grantee must account for any real and personal property acquired with grant funds or received from
13 1 23
the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property
trust relationship and 200.329 Reporting on real property. This documentation must be maintained by the
grantee, according to the requirements listed herein, and provided to TDEM upon request, if applicable.
When original or replacement equipment acquired under this award by the grantee is no longer needed
for the original project or program or for other activities currently or previously supported by the federal
awarding agency or TDEM, the grantee must make proper disposition of the equipment pursuant to 2 CFR
200.
The grantee will maintain specified equipment management and inventory procedures for equipment
(including replacement equipment), whether acquired in whole or in part with grant funds, until
disposition takes place, with a per -unit cost of $5,000 or greater. The equipment and inventory procedures
include:
A. The grantee must keep an inventory report on file containing equipment purchased with any grant
funds during the grant period. The inventory report must agree with the approved grant budget
and the final Financial Status Report and shall be available to TDEM at all times upon request.
B. The grantee must maintain property/inventory records which, at minimum, include a description
of the property, a serial number or other identification number, the source of property, who holds
title, the acquisition date, the cost of the property, the percentage of Federal participation in the
cost of the property, the location, use and condition of the property, and any ultimate disposition
data including the date of disposal and sale price ofthe property.
C. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to
the equipment Exceptions to this requirement are limited to items where placing of the marking
is not possible due to the nature of the equipment.
2.2 Consulting Contracts
Pre -approval of costs related to consulting contracts is required and the value of consulting contracts
entered into by the grantee may not exceed 5% of the total funds received by the local unit of government,
2.3 Procurement Practices and Policies
The grantee must follow applicable federal and state law, federal procurement standards specified in
regulations governing federal awards to non-federal entities, their established policy, and best practices for
procuring goods or services with grant funds. Procurement activities must follow the most restrictive of
federal, state and local procurement regulations. Contracts must be routinely monitored for delivery of
services or goods.
2.4 Contract Provisions Under Federal Awards
All contracts made by a grantee under a federal award must contain the provisions outlined in 2 CFR 200
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,
Appendix II to Part 200 Contract Provisions for Non -Federal Entity Contracts Under Federal Awards.
3 Audit and Records Requirements
3.1 Cooperation with Monitoring, Audits, and Records Requirements
All records and expenditures are subject to, and grantee agrees to comply with, monitoring and/or audits
conducted by the United States Department of Treasury's Inspector General (DOTIG), TDEM, and the State
P€ige 14 1 23
Auditor's Office (SAO) or designee. The grantee shall maintain under GAAP or GASB, adequate records that
enable DOTIG, TDEM, and SAO to ensure proper accounting for all costs and performances related to this
GrantAgreement.
3.2 Single Audit Requirements
Any grantee expending $750,000 or more in federal funds in a fiscal year may be subject to Single Audit
Requirements in 2 CFR, Part 200, Subpart F —Audit Requirements, at https://www.ecfr.po.v c bin te_ xt-
idx?tpl=/ecfrbrowse/Title02/2cfr2OO main 02_tpl.
The grantees expending more than $750,000 in state funds in a fiscal year are subject to the requirements
in the Texas Single Audit Circular, at httes-//comptroller. texas gov/purchasin /docs/uprns_pdf.The audit
must be completed and the data collection and reporting package described in 2 CFR 200.512 must be
submitted to the Federal Audit Clearinghouse (FAC) within 30 calendar days after receipt of the auditor's
report(s), or nine months after the end of the audit period, whichever is earlier.
3.3 Requirement to Address Audit Findings
If any audit, monitoring, investigations, review of awards, or other compliance review reveals any
discrepancies, inadequacies, or deficiencies which are necessary to correct in order to maintain
compliance with this Grant Agreement, applicable laws, regulations, or the grantee's obligations
hereunder, the grantee agrees to propose and submit to TDEM a corrective action plan to correct such
discrepancies or inadequacies within thirty (30) calendar days after the grantee's receipt of the findings.
The grantee's corrective action plan is subject to the approval ofTDEM.
The grantee understands and agrees that the grantee must make every effort to address and resolve all
outstanding issues, findings, or actions identified by DOTIG, TDEM, or SAO through the corrective action
plan or any other corrective plan. Failure to promptly and adequately address these findings may result in
grant funds being withheld, other related requirements being imposed, or other sanctions and penalties.
The grantee agrees to complete any corrective action approved by TDEM within the time period specified
by TDEM and to the satisfaction of TDEM, at the sole cost of the grantee. The grantee shall provide to
TDEM periodic status reports regarding the grantee's resolution of any audit, corrective action plan, or
other compliance activity for which the grantee is responsible.
3.4 Records Retention
A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures of
grant funds, reporting measures, and funds received from TDEM under this Grant Agreement. Audit
trails maintained by the grantee will, at a minimum, identify the supporting documentation prepared
by the grantee to permit an audit of its accounting systems and payment verification with respect to
the expenditure of any funds awarded under this Grant Agreement.
B. The grantee must maintain fiscal records and supporting documentation for all expenditures
resulting from this Grant Agreement pursuant to 2 CFR 200.333 and state law.
1. The grantee must retain these records and any supporting documentation for a minimum of
seven (7) years from the later of the completion of this project's public objective, submission of
the final expenditure report, any litigation, dispute, or audit.
2. Records related to real property and equipment acquired with grant funds shall be retained for
seven (7) years after final disposition.
3. TDEM may direct a grantee to retain documents for longer periods of time or to transfer certain
records to TDEM or federal custody when it is determined that the records possess long term
P c3 ca 1 15 1 23
retentionvalue.
4 Prohibited and Regulated Activities and Expenditures
4.1 Prohibited Costs
A. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Revenue replacement is not a permissible use of these grant
funds. In accordance with Section 3.1 all record and expenditures are subject to review.
B. Damages covered by insurance.
C. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.
D. Duplication of benefits including expenses that have been or will be reimbursed under any other
federal program.
E. Reimbursement to donors for donated items or services.
F. Workforce bonuses other than hazard pay or overtime.
G. Severance pay.
H. Legal settlements.
4.2 Political Activities
Grant funds may not be used in connection with the following acts by agencies or individuals employed by
grant funds:
A. Unless specifically authorized to do so by federal law, grant recipients or their grantees or
contractors are prohibited from using grant funds directly or indirectly for political purposes,
including lobbying or advocating for legislative programs or changes; campaigning for, endorsing,
contributing to, or otherwise supporting political candidates or parties; and voter registration or
get -out -the -vote campaigns. Generally, organizations or entities which receive federal funds by
way of grants, contracts, or cooperative agreements do not lose their rights as organizations to
use their own, private, non-federal resources for "political' activities because of or as a
consequence of receiving such federal funds. These recipient organizations must thus use private
or other non-federal money, receipts, contributions, or dues for their political activities, and may
not charge off to or be reimbursed from federal contracts or grants for the costs of such activities.
B. Grant officials or grant funded employees may not use official authority or influence or permit the
use of a program administered by the grantee agency of which the person is an officer or employee
to interfere with or affect the result of an election or nomination of a candidate or to achieve any
other political purpose.
C. Grant -funded employees may not coerce, attempt to coerce, command, restrict, attempt to
restrict, or prevent the payment, loan, or contribution of anything of value to a person or political
organization for a political purpose.
D. Grant funds may not be used to employ, as a regular full-time or part-time or contract employee,
a person who is required by Chapter 305 of the Government Code to register as a lobbyist.
Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or
employee of the agency, membership dues to an organization that pays part or all of the salary of
F'acje 161 23
a person who is required by Chapter 305 of the Government Code to register as a lobbyist.
As applicable, the grantee and each contracting tier will comply with 31 USC § 1352, which
provides that none of the funds provided under an award may be expended by the grantee to pay
any person to influence, or attempt to influence an officer or employee of any agency, a Member
of Congress, an officer of employee of Congress, or an employee of a Member of Congress in
connection with any Federal action concerning the award or renewal. Grantee shall file the
required certification attached hereto and incorporated for all purposes as Exhibit F. Each
contracting tier shall also disclose any lobbying with non-federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
5 Financial Requirements
5.1 Direct Deposit
A completed direct deposit form from the grantee must be provided to TDEM prior to receiving any
payments. The direct deposit form is currently available at https://erants.tdem.texas e(--, ).
5.2 Payments and Required Documentation
Funding for this Grant Agreement is appropriated under the Coronavirus Aid, Relief, and Economic Security
Act, 2020 (Public Law 116-136) enacted on March 27, 2020, as amended, to facilitate protective measures
far and recovery from the public health emergency in areas affected by COVID-19, which are Presidentially -
declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.). All expenditures under this Grant Agreement must be made in
accordance with this Grant Agreement and any other applicable laws, rules or regulations. Further, grantee
acknowledges that all funds are subject to recapture and repayment for non-compliance pursuant to
Section 5.7 below.
Payment of funds on projects may be initiated by the grantee through a Request for Reimbursement
(RFR) in GMS.
Grantee may initiate an Advance of Funds Request (AFR) through GMS for an initial cash advance to cover
actual costs incurred or up to 20% of their total allocation, whichever is larger.
Additional advances or reimbursement requests may be requested following full reporting to TDEM of
expenses incurred and applied against the initial and/or any subsequent advance payments.
If sufficient progress is not made towards expenditure of advanced funds and/or the grantee fails to meet
financial reporting obligations, TDEM may implement sanctions as necessary up to and including grant
termination.
All documentation for expenditures paid during the project period must be submitted to TDEM on or
before the grant liquidation date.
5.3 Financial Reporting
Financial reports must be submitted to TDEM on a quarterly basis via GMS but can be submitted more
often as necessary to draw down funds.
The final financial report must be submitted to TDEM on or before the grant liquidation date or the grant
funds may lapse and TDEM will provide them as grants to other eligible jurisdictions.
Po}j.V 171 23
5.4 Reimbursements
TDEM will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable
costs incurred and paid by the grantee pursuant to this Grant Agreement. TDEM is not obligated to pay
unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the
commencement or after the termination of this GrantAgreement.
5.5 Refunds and Deductions
If TDEM determines that the grantee has been overpaid any grant funds under this Grant Agreement,
including payments made inadvertently or payments made but later determined to not be actual and
allowable allocable costs, the grantee shall return to TDEM the amount identified by TDEM as an
overpayment. The grantee shall refund any overpayment to TDEM within thirty (30) calendar days of the
receipt of the notice of the overpayment from TDEM unless an alternate payment plan is specified by TDEM.
Refunds may be remitted to: Texas Division of Emergency Management, P.O. Box 15467, Austin, Texas
78761.
5.6 Recapture of Funds
The discretionary right of TDEM to terminate for convenience under Section 1.13 notwithstanding, TDEM
shall have the right to terminate the Grant Agreement and to recapture, and be reimbursed for any
payments made by TDEM: (i) that are not allowed under applicable laws, rules, and regulations; or (ii) that
are otherwise inconsistent with this Grant Agreement, including any unapproved expenditures.
5.7 Liquidation Period
Grant funds will liquidate 90 calendar days following the project period end date or on December 30, 2020,
whichever is earlier. Funds not obligated by the end of the grant period and not expended by the
liquidation date will revert to TDEM.
5.8 Project Close Out
TDEM will close-out the grant award when it determines that all applicable administrative actions and all
required work of the grant have been completed by the grantee.
The grantee must submit all financial, performance, and other reports as required by the terms and
conditions of the grant award.
The grantee must promptly refund any balances of unobligated cash that TDEM paid in advance or paid and
that are not authorized to be retained by the grantee for use in other projects.
[EXHIBITS AND SIGNATURE PAGE FOLLOWS]
Pc3CJ1: 181 23
EXHIBIT A - State of Texas Assurances
As the duly authorized representative of Grantee, I certify that Grantee:
1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the grantee's governing
body or of the grantee's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the
third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise
such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of
two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body
member related to such person in the prohibited degree.
2. Shall insure that all information collected, assembled, or maintained by the grantee relative to a project will be available to the public
during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law.
3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies
to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.
4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the grantee is a health,
human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and
human services agency or public safety or law enforcement agency.
6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code,
or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process
of achieving compliance with such rules if the grantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701
7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state agencies and grantees shall maintain an appropriate contract
administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section .36 for additional guidance on
contract provisions).
8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local ]a%
enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Grantee shall also ensure that all
program personnel are properly trained and aware of this requirement.
9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (PI, 88-352). which prohibits discrimination on the basis of race, color, or national origin: (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis ofsex; (c) Section
504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the
Americans with Disabilities Act of 1990 including Titles 1, 11, and III of the Americans with Disability Act which prohibits recipients from
discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities, 44 U.S.G. §§ 12101-12213, (d) the Age Discrimination Act of 1974, as amended (42 U.S.C.
§§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse: (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental, or financing of housing: (i) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being made; and Q) the requirements of any other nondiscrimination statute(s)
which may apply to this Grant.
10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.
§276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for
federally assisted construction subagreements.
1I. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Properly Acquisitions Act of 1970 (P.L.
91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation
in purchases.
12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees
whose principal employment activities are funded in whole or in part with Federal funds.
13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental
Personnel Act of 1970, as applicable.
'a, -:-t� 19 1 23
EXHIBIT A
14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are
not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency
of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA (EO 11738).
15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public LaH
93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the
Secretary of the Department of Housing and Urban Development as an area having special flood hazards.
16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969 (P L 91-190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988: (e) assurance of project consistency with the approved state management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.), (Q conformity of federal actions to State (Clear Air)
Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of
endangered species under the Endangered Species Act of 1973, as amended (P L 93-205).
17, Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C, §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act
of 1974 (16 U.S.C. §§469a-1 et seq )
19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the
minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or
exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government
Principals Regarding the Care and Use of Animals.
20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U. S.C. §§4801 et seq.) which prohibits the use of lead -based paint
in construction or rehabilitation of residential structures.
21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), whtch prohibits smoking within any portion of any indoor facility
used for the provision of services for children.
22, Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms.
23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing
this program.
24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by
any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in
Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at https://ww,w.sam.gov/portal/publiciSAM .
25. Shall adopt and implement applicable provisions of the model HIV. -AIDS work place guidelines of the Texas Department of Health as
required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq.
26. Shall comply with the Drug -Free Workplace Rules established by the Texas Worker's Compensation Commission effective April 17,
1991.
P o }? 20 1 23
EXHIBIT A
EXHIBIT C - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned grantee, Y certifies, to the best of his or her knowledge that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit
Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31 U.S.C. Sec. 1352 (as amended by the Lobbying Disclosure Act of 119). Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
The grantee, � certifies or affirms the truthfulness and accuracy of each statement of its
certification add disclosure, if any. In addition, grantee understands and agrees that the provisions of 31 U.S.C.
Sec. 3801 et seq. apply to his certification and disclosure, if any.
By: _
Signature:
Title: � � ---
Date: < Zd -;2�
EXHIBIT C
P C3 {I 22 1 23
Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by
them.
State of Texas Assurances, hereinafter referred to as "Exhibit A"
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: G-
Sign a tu re: _
Title:
Date: v[.�
SIGNATURE PAGE
I' L, q � 30 1 30