HomeMy WebLinkAboutResolution - 2020-R0308 - CRF Funding Agreement with Catholic Charities - Mental Health Care AssistanceResolution No. 2020-RO308
Item No. 7.27
September 8, 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, a Coronavirus Relief Fund (CRF) Program Agreement, and
all related documents, between the City of Lubbock and Catholic Charities, Diocese of
Lubbock, for mental health care assistance services, with a projected allocation of
$70,000.00.
The City Manager is hereby authorized to re -allocate funding between and among the various
assistance programs, provided the total amount allocated to all such programs does not exceed
$3,000,000.00.
Said Contract is 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 September 8, 2020
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DANIEL M. POPE, MAYOR
AT EST:
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Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Bill Howe n, Assistant anager
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Resolution No. 2020-RO308
CORONAVIRUS RELIEF FUND (CRF) FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK
AND
YWCA OF LUBBOCK
CRF MENTAL HEALTH CARE VOUCHER PROGRAM
This Coronavirus Relief Fund (CRF) Funding Agreement (the "Agreement"), Contract No.15478,
is made by and between the City of Lubbock, a State of Texas home rule municipal corporation
(the "City") and the CATHOLIC CHARITIES, DIOCESE 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 September 8, 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 US Department of Treasury has provided additional guidance on the permissible
use of CRF grant funds, including nonexclusive examples of eligible expenses in the following
categories:
a) Medical expenses;
b) Public health expenses;
c) 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;
d) Expenses of actions to facilitate compliance with COVID-19-related public health
measures;
e) Expenses associated with the provision of economic support in connection with the
COVIDI9 public health emergency; and
f) Any other COVID-19-related expenses reasonably necessary to the function of
government that satisfy the CRF fund's eligibility criteria.
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
the MENTAL HEALTH CARE 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
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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.
5. 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.
S. 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 September S, 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
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 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.
1. 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. 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
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to the City for review upon request. NOTE: The City does not require, and Grantee
should not disclose, individually identifiable health information regarding individuals
requesting or receiving Mental Health Care vouchers through this Agreement.
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. Individually identifiable health information regarding
individuals requesting or receiving Mental Health Care vouchers through this
Agreement is confidential and should be protected from unauthorized disclosure by
the Grantee.
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.
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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 (l 0`h) 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.
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
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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;
e) maintenance of current copies of its fair housing and equal opportunity policies; and
f) confidentiality of individually identifiable health information.
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.
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 -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
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.
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.
14
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 CRY 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
15
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.
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.
1G
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]
17
DATE: September 8, 2020
FOR: THE CITY OF LUBBOCK
DANIEL M. POPE, Tayor
ATTEST:
J�A*4 C
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS
Attorney
EXECUTION
DATE:
FOR: CATHOLIC CHARITIES,
DIOCESE OF LUBBOCK
v
CYNTHIA QUINTANILLA,
Executive Director
M BADGER, Board
I.D. #75-1966688
18
EXHIBIT A
Coronavirus Relief Fund (CRF) Childcare Assistance Program
To: Catholic Charities, Diocese of Lubbock
102 Avenue J
Lubbock, TX 79401
Attn: Cynthia Quintanilla, 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)
Mental Health Voucher Program Agreement
Prouram Title and Administration
CATHOLIC CHARITIES, LUBBOCK DIOCESE (Grantee) will be responsible for
administering a Coronavirus Relief Fund (CRF) Program entitled the Mental Health
Voucher 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 Mental Health Voucher Program in according to the
provisions of this Agreement.
Budget
The budget for this program is $70,000.
Term
The term of this Agreement is from September 8, 2020 to December 31, 2020 for eligible
expenses incurred during the period that begins on September 9, 2020, and ends on
December 31, 2020.
This program will assist households with mental health vouchers, who have been financially
impacted by COVID-19.
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
■ F❑cje 1 123
Table of Contents
AbowtTh
Is Document .............. .--............................. ............................. .-....... .___................... �
l Grant
Agreement Requirements and Conditions ........... .............................. .... ........ .............. .... --_5
1.1
Applicability mfGrant Agree rnemtandp,cVpu|pm�......................................................................... 5
1.2
Legal Authority tmApply ... ---',.,,................. _.__,,,,,,,,,_,,,_,,,,,,,.,,,,,.,,.,,.,.,,.,.,.5
13
Grant Ac�*ptanme-........... --.................... ................. ,.,.',,.,,.,.,.',,,.,.,..,,.,...~.,,.,.,.',.5
1.4
Project Period ..... —........... —_-............. -_............. _......................... _..-,,,,,~~~~~5
1.5
General Responsibility .................. -........... --__-'... _-_,,__~,_..,~,_,_~.~~~~5
1.6
Amandments and Changes to the Grant Agreement ........... ~~~~~6
17
Jurisdictional Cooperation .... -----.----------... .,-......... .......... .................. ........ 7
13
Public 6nfmrmationand Meetings ........ -----............................... .................................... -7
1.9
Rurncdinnfor Non -Corn oA-....... ...... ................................................. .......................
,7
1.10
Fa|nnState memtsby Grantee ................ -----------.-,__,_,.__,,.,,,,,,,,_,,,,,,_8
1.11
Conflict ofInterest ..... __-------_-__.___,._.,,,.,,.,,,,.,,.,,.,,,,.,,,,,,,,8
1-12
Fraud, Waste, and Abuse. ........ --_---___........ ___-,~~_,~_,,.~.~.~~~~,a
1.13
Termination ofthe Apeenvem¢......... -.,.'_,,-',,,.'---,-... ... ......... ,.,.,.,,.........................
9
1.14
Limitation ofLiability ........ ........ ......... ................ -........ -------.......... ........ ,__,,,.-g
1,15
Dispute Resolution. ... ............... ...................................... ---.-------__',,,,_,,,,,,,,,,10
1,16
Liability for Taxes ...... ... -........... .......... ----------...... ....... --- .........................
10
1,17
Required State Assurances ..... ..... ..... ....... ---------.-_--,-_-_..,................. _,,,,10
1.18
System for Award Managennent(SAM)Requirements. -----.----.-... ....... .----.,��
1.19
No Obligation 6mPedera|Government ....... ......... ..... ..... ...... ---------...... _---.,I�
1.20
Not Ice _-----_-_—......................... ..................... _-----'-..................... -..,I�
1.21
Force WNmure.... ----..................... .................. .......... ---------_.................. -.-I�
1,22
Debt toState ...... _............... -........ _----__—........................ __`~___�_��
1.23
Franchise Tax Certification -........ -...... --.-------.......... ----..--......... --- ......
I%
1.24
........ .............. ----_--...... .................... .......... -..... .12
125
........... .................... --........... ............................ -............... -._.12-
1.26
Compliance with Federal Law, Regulation 5,and Executive orders .............. ---------,..1I
1.27
Clean Air .......... .................................. ---...................... '_'_-_.........
12
1.28
Federal Water Pollution Control Act ..... -............... ---- ... ....... —_-'_____........
12
1,29
Suspension and Debarment ...... ........... ....... ................................. -.................. -----_-�2
1,30
Energy Conservation ........ ................................... --........ --_.—'--...... _-----'%3
1-31
ProcurennentmfRecovered Materials.....—___--'_---_'_'--------__--.%3
1,32
Tennh^ated Contracts ............ --- ...... ....... ................. '--___--_-...... ."._...........
I3
2 Property and Procurement Requirements.....-_---'--_--__-__------__-_,___13
2.1
Pnmpertv Management and Inventory -----------............. ---- ............... ...............
I3
2.2
Con*mkimg Contracts ........................... ....... ------.................... ....... _-_.-.-..............
DV
2.3
Procurement Practices and Policies ........ --------........ _,,,,,,,,__-.__..,_,_,,.,.,,,14
2^*
Contract Provisions Under Fedmnm|Awmnds----------_.,.__,,,,,,,,,~_._',,.,,,._,14
3 Auclkamd Records Requirements ................... .----------.-----.......... -........ _.,,,,,,.,14
3.1
Cooperation with Monitwr|n&Audits, and Records Reqw|mwnnentn......... ........ ,,.,,.,,,,.,.,.l4
12
18nee Awd It ................... ----_-_--__-_---.....................
15
3.3
RoqufrementhmAdd moss Audit Findinp..'_-'-__--__,__'____~,_~,,,.~15
Page 3|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, OF 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,
5123
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 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 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;
S. 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;
Ocige 7 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.
F'oc3e 9 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 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.
Pnge 11 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.
Information about this requirement, along with the list of EPA -designated items, is available at
EPXs Comprehensive Procurement Guidelines web site,
htt s: www.e a. ov smm com rehensive- rocurement- uideline-c - ro 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
Pc;ge 131 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.golcgi-binitext-
idx?tpl=/ecfrbrowse/Title02/2cfr2OO 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 httpssJ/comptroller.texas.gov/purchasin docs/u mg s.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 (FAQ 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 toAddress 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 r! ri 15 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 httns://grants.tdem.texas.sav/.
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.
p,, yu 17 1 23
EXHIBIT A - State of Texas Assurances
As the duly authorized representative of Grantee, I certify that Grantee:
I. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the grantee's governing
body or of the grantee's 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 shalt have been continuously employed for a period of
two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body
member related to such person in the prohibited degree.
2. Shall insure that all information collected, assembled, or maintained by the grantee relative to a project will be available to the public
during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law.
3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies
to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution.
4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments.
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the grantee is a health,
human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and
human services agency or public safety or law enforcement agency.
6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code,
or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process
of achieving compliance with such rules if the grantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701.
7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package
become terms or conditions for receipt of grant funds. Administering state agencies and grantees shall maintain an appropriate contract
administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section -.36 for additional guidance on
contract provisions).
8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law
enforcement authorities and to the Texas Department of Child Protecuve 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 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 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.
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.
Poge 19 1 23
10:11:7i r\
EXHIBIT B -- CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
I, , am the County Judge, Mayor or City Manager of
("County"/"Municipality"), and I certify that:
1. 1 have the authority on behalf of County/Municipality to request grant payments from the State of
Texas ("State") for federal funds appropriated pursuant to section 601 of the Social Security Act, as
added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136,
div. A, Title V (Mar. 27, 2020).
2. 1 understand that the State will rely on this certification as a material representation in making grant
payments to the County/Municipality.
3. 1 acknowledge that County should keep records sufficient to demonstrate that the expenditure of
funds it has received is in accordance with section 601(d) of the Social Security Act.
4. 1 acknowledge that all records and expenditures are subject to audit by the United States Department
of Treasury's Inspector General, the Texas Division of Emergency Management, and the Texas State
Auditor's Office, or designee.
5. 1 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:
Signature:
Title:
Date:
Page 21 ( 23
0:1I:111i:3
Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by
them.
n�_ T State of Texas Assurances, hereinafter referred to as "Exhibit A"
CARES Act Coronavirus Relief Fund Eligibility Certification, hereinafter referred to as "Exhibit B"
Certification Regarding Lobbying, hereinafter referred to as "Exhibit C"
Please sign below to acknowledged acceptance of the grant and all exhibits in this Grant Agreement, and to
abide by all terms and conditions.
By:
Signature:
Title:
Date:
SIGNATURE PAGE
F; o q - 30 1 30