Ordinance No. 14,502ORDINANCE NO. 14,502
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
GRANT AGREEMENT AND CORONAVIRUS FUND FOR SMALL CITIES
WITH HARRIS COUNTY FOR CORONAVIRUS RELIEF FUNDING; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and City Clerk of the City of Baytown to execute and attest to an
Interlocal Grant Agreement and Coronavirus Fund for Small Cities with Harris County for
Coronavirus Relief Funding. A copy of said agreement is attached hereto, marked Exhibit "A"
and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 10`h day of September, 2020.
BRANDON CAPETILLO, ayor
ATT T:
LETICIA BRYSCH, City)Ark
APPROVED AS TO FORM:
TV
KAREN L. HORNER, Interim City Attorney
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Exhibit "A"
I
CORONAVIRUS RELIEF FUND (CRF)
Q
SMALL CITIES TERMS AND CONDITIONS
INWOF
INTERLOCAL GRANT AGREEMENT AND
CORONAVIRUS RELEIF FUND (CRF) SMALL CITIES TERMS AND CONDITIONS
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Interlocal Agreement (the "Agreement") is made and entered into by and between Harris County, a body
corporate and politic under the laws of the State of Texas ("County"), acting by and through its governing body the
Harris County Commissioners Court, and Baytown ("City" or "grantee" or "subrecipient"), pursuant to the
Interlocal Cooperation Act, Tex. Gov't Code Ann. §§ 791.001 — 791.030. Harris County and City are referred to
herein collectively as the "Parties" and individually as a "Party."
Harris County will reimburse the City for necessary eligible expenditures incurred due to the public health
emergency with respect to COVID-19 for a not to exceed amount of $4,008,345.00 as evidenced in the Notice of
Subrecipient Grant Award, approved by Harris County Commissioners Court on July 14, 2020, attached hereto as
Exhibit A and incorporated herein by reference. The Parties agree that the amount specified in Exhibit A is just and
fair compensation for expenses incurred due to the COVE)-19 public health emergency. The Parties agree that a
public purpose will be served by using the grant funds to reimburse local municipalities for necessary eligible
expenditures incurred due to the public health emergency with respect to COVID-19. Harris County agrees that all
funds used to pay for the obligations of this Grant Agreement will be taken from current fiscal funds.
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").
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; and the Uniform Grant Management Standards (UGMS) developed
by the Comptroller of Public Accounts.
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.
Table of Contents
1 Grant Agreement Requirements and Conditions....................................................................................................5
1.1 Applicability of Grant Agreement and Provisions............................................................................................5
1.2 Legal Authority to Apply...................................................................................................................................5
1.3 Grant Acceptance.............................................................................................................................................5
1.4 Project Period...................................................................................................................................................5
1.5 General Responsibility......................................................................................................................................5
1.6 Amendments and Changes to the Grant Agreement.......................................................................................6
1.7 Jurisdictional Cooperation................................................................................................................................6
1.8 Public Information and Meetings.....................................................................................................................7
1.9 Remedies for Non-Compliance.........................................................................................................................7
1.10 False Statements by Grantee.........................................................................................................................7
1.11 Conflict of Interest Safeguards.......................................................................................................................8
1.12 Fraud, Waste, and Abuse...............................................................................................................................8
1.13 Termination of the Agreement.......................................................................................................................9
1.14 Limitation of Liability......................................................................................................................................9
1.15 Dispute Resolution.........................................................................................................................................9
1.16 Liability for Taxes.........................................................................................................................................
10
1.17 Required State Assurances..........................................................................................................................
10
1.18 System for Award Management (SAM) Requirements...............................................................................
10
1.19 No Obligation by Federal Government.......................................................................................................
11
1.20 Notice..........................................................................................................................................................
11
1.21 Force Majeure.............................................................................................................................................
11
1.22 Franchise Tax Certification..........................................................................................................................
11
1.23 Severability..................................................................................................................................................
11
1.24 E-Verify........................................................................................................................................................
11
1.25 Compliance with Federal Law, Regulations, and Executive Orders............................................................
11
1.26 Clean Air Act................................................................................................................................................
11
1.27 Federal Water Pollution Control Act...........................................................................................................
12
1.28 Suspension and Debarment........................................................................................................................
12
1.29 Energy Conservation....................................................................................................................................
12
1.30 Procurement of Recovered Materials.........................................................................................................
12
3
1.31 Terminated Contracts..................................................................................................................................
13
2 Property and Procurement Requirements...........................................................................................................
13
2.1 Property Management and Inventory ...........................................................................................................
13
2.2 Consulting Contracts.....................................................................................................................................
13
2.3 Procurement Practices and Policies..............................................................................................................
13
2.4 Contract Provisions Under Federal Awards...................................................................................................
14
3 Audit and Records Requirements.........................................................................................................................
14
3.1 Cooperation with Monitoring, Audits, and Records Requirements..............................................................
14
3.2 Single Audit Requirements............................................................................................................................
14
3.3 Requirement to Address Audit Findings........................................................................................................
14
3.4 Records Retention.........................................................................................................................................
14
4 Prohibited and Regulated Activities and Expenditures........................................................................................
15
4.1 Prohibited Costs............................................................................................................................................
15
4.2 Political Activities...........................................................................................................................................
15
5 Financial Requirements........................................................................................................................................
16
5.1 Direct Deposit................................................................................................................................................
16
5.2 Payments and Required Documentation......................................................................................................
16
5.3 Reimbursements...........................................................................................................................................
16
5.4 Refunds and Deductions................................................................................................................................
17
5.5 Recapture of Funds........................................................................................................................................
17
5.6 Liquidation Period.........................................................................................................................................
17
5.7 Project Close Out...........................................................................................................................................
17
5.8 Miscellaneous Provisions..............................................................................................................................
17
EXHIBITS FOLLOW
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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 Harris County.
1.4 Project Period
Funding has been authorized for eligible expenditures incurred between March 1, 2020 and December 30, 2020.
All expenditures must be incurred, and all services must be received within the performance period. Harris County
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 (COVO-19)
2. were not accounted for in the budget most recently approved as of March 27, 2020 for the 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,
3. Payroll expenses for public safety, public health, healthcare, human services, and similar employees whose
services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency,
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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:
htt s://home.treasui .,ov/s stemiflles/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-and-
Tribal-Governments.pdf
littps://home.treasur ov/system/files/I 361Coronavirus-Relief-Fund-Frequently-Asked-Questions.pdf
The grantee certifies compliance with these eligible expenses by executing the CARES Act Coronavirus Relief
Fund Eligibility Certification Form, which is attached hereto as Exhibit B 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 Harris County 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
Harris County 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. Harris County 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 Harris County is void unless a written amendment to
this Grant Agreement is first executed and documented. The grantee agrees that nothing in this Grant Agreement
will be interpreted to create an obligation or liability of Harris County in excess of the "Allocation Ceiling" 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 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.
1.7 Jurisdictional Cooperation
Notwithstanding anything to the contrary, Harris County may, in its sole discretion, deny reimbursement for any
expenses representing a transfer of funds from grantee to another political subdivision or agency unless a written
request for such reimbursement is approved by Harris County in advance.
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1.8 Public Information and Meetings
Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that Harris
County and this Grant Agreement are subject to the Texas Public Information Act, Texas Government Code Chapter
552 (the "PIA"). The grantee acknowledges that Harris County 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 Harris County, 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
Harris County. The grantee will cooperate with Harris County in the production of documents or information
responsive to a request for information.
1.9 Remedies for Non -Compliance
If Harris County 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, a notice of award, or any other applicable
requirement, Harris County, in its sole discretion may take actions including:
1. Temporarily withholding cash payments pending correction of the deficiency or more severe enforcement
action by Harris County;
2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in compliance;
Disallowing claims for reimbursement;
Wholly or partially suspending or terminating this grant;
Requiring return or offset of previous reimbursements;
Prohibiting the grantee from applying for or receiving additional funds for other grant programs administered
by Harris County until repayment to Harris County is made and any other compliance or audit finding is
satisfactorily resolved;
7. Reducing the grant award maximum liability of Harris County;
8. Terminating this Grant Agreement;
9. Imposing a corrective action plan;
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 Harris County expressly authorizes them in the notice of suspension or termination or subsequently.
Harris County, 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 Harris County 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 Harris County under
this grant agreement and applicable law. False statements or claims made in connection with Harris County 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.
l . I I 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 grantee's organization or Harris County, nor any employee, or person,
whose salary is payable in whole or in part by a member of grantee organization or Harris County, 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 Harris County does not tolerate any type of fraud, waste, or misuse of funds received
from Harris County. Harris County's policy is to promote consistent, legal, and ethical organizational behavior, by
assigning responsibilities and providing guidelines to enforce controls. Any violations of law, Harris County
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
Harris County that is made against the grantee, the grantee is required to immediately notify Harris County of said
allegation or finding and to continue to inform Harris County of the status of any such on -going investigations. The
grantee must also promptly refer to Harris County any credible evidence that a principal, employee, agent, grantee,
contractor, subcontractor, or other person has -- (1) submitted a claim for award funds that violates the False Claims
Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,
or similar misconduct involving award funds. Grantees must also immediately notify Harris County 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 Harris County 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 Harris County.
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1.13 Termination of the Agreement
Harris County may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty
against Harris County, 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, Harris County 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.
Harris County and grantee may mutually agree to terminate this Grant Agreement. Harris County 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.E.R. 200.338 —
200.342. Following termination by Harris County, grantee shall continue to be obligated to Harris County for the
return of grant funds in accordance with applicable provisions of this Grant Agreement. In the event of termination
under this Section, Harris County'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 Harris County in its
sole discretion to be reasonable and necessary to cost-effectively wind up the grant. Termination of this Grant
Agreement for any reason or expiration of this Grant Agreement shall not release the Parties from any liability or
obligation set forth in this Grant Agreement that is expressly stated to survive any such termination or expiration.
1.14 Limitation of Liability
Nothing in the Agreement is construed as creating any personal liability on the part of any officer, director,
employee, or agent of any public body that may be a Party to the Agreement, and the Parties expressly agree that
the execution of the Agreement does not create any personal liability on the part of any officer, director, employee,
or agent of either Party.
The Parties agree that no provision of this Agreement extends the County's liability beyond the liability provided
in the Texas Constitution and the laws of the State of Texas.
The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver by Harris
County, its officers, employees, agents, or contractors of any privileges, rights, defenses, remedies, or immunities
from suit and liability that Harris County may have by operation of law.
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 Harris County, 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 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
9
shall be commenced exclusively in the Harris County District Court or the United States District Court, Southern
District of Texas - Houston Division. Venue for any Harris County -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 Harris County 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. Harris County
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 an employee.
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 incorporated herein for all purposes as though set forth
word for word.
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 receipt of final payment, whichever is
later, as required by 2 CFR Part 25.
B. The grantee will comply with Executive Orders 12549 and 12689 that requires "a contract award (see 2
CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for
Award Management (SAM)", in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority.
The grantee certifies it will verify each vendor's status to ensure the vendor is not debarred, suspended,
otherwise excluded or declared ineligible by checking the SAM before doing/renewing business with that
vendor.
C. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and have
not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local
governmental entity and the grantee is in compliance with the State of Texas statutes and rules relating to
procurement and that the grantee is not listed in the federal government's terrorism watch list as described in
Executive Order 13224.
10
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 email, hand -delivery, or United States Mail. Notices to the grantee will be
sent to the name and address supplied by grantee.
1.21 Force Majeure
Neither the grantee nor Harris County 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 maj eure 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 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.
1.23 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.
1.24 E-Verify
If applicable, by entering into this Grant Agreement, grantee will certify and ensure 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.
1.25 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.
1.26 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.
11
b. Grantee agrees to report each violation to Harris County and understands and agrees that Harris County 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.
1.27 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 Harris County and understands and agrees that Harris County 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 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 2 C.F.R. Sec. 180.995), or its affiliates (defined
at 2 C.F.R. Sec. 180.905) are excluded (defined at 2 C.F.R. Sec. 180.940) or disqualified (defined at 2 C.F.R.
Sec. 180.935).
b. Grantee must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a
requirement to 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 Harris County. 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 Harris County, the Federal Government may pursue available remedies, including but limited
to suspension and/or debarment.
1.29 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.
1.30 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 EPA's
Comprehensive Procurement Guidelines web site, https://w%ti,,A .epa.gov/smm/comprehensive-
procurement-guideline-cps-pro ram.
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1.31 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 Harris County. The grantee must develop and implement a control system to prevent loss, damage or theft of
property and investigate and document any loss, damage or theft of property funded under this Grant.
The grantee must account for any real and personal property acquired with grant funds or received from the Federal
Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property trust relationship and
200.329 Reporting on real property. This documentation must be maintained by the grantee, according to the
requirements listed herein, and provided to Harris County 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 Harris County, 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 Harris County at all times upon request.
B. The grantee must maintain property/inventory records which, at minimum, include a description of the
property, a serial number or other identification number, the source of property, who holds title, the
acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property,
the location, use and condition of the property, and any ultimate disposition data including the date of
disposal and sale price of the property.
C. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to the
equipment Exceptions to this requirement are limited to items where placing of the marking is not possible
due to the nature of the equipment.
2.2 Consulting Contracts
Pre -approval of costs related to consulting contracts is required and the value of consulting contracts entered into
by the grantee may not exceed 5% of the total funds received by the local unit of government.
2.3 Procurement Practices and Policies
The grantee must follow applicable federal and state law, federal procurement standards specified in regulations
governing federal awards to non-federal entities, their established policy, and best practices for procuring goods or
13
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), Harris County, and the State Auditor's
Office (SAO) or designee. The grantee shall maintain under GAAP or GASB, adequate records that enable DOTIG,
Harris County, 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:/hv«,w.ecfr.�zov/c�4i-bin/text-
idx?tpl=/ecf-browse/Title02/2cfr200_main 02.tpl.
The grantees expending more than $750,000 in grant funds in a fiscal year are subject to the requirements in the
Texas Single Audit Circular, at htt s://com troller.texas. ovl urcliasin docs./u,ms. df. 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 Harris County 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 Harris County.
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, Harris County, 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 Harris County within the time period specified by Harris County and to the
satisfaction of Harris County, at the sole cost of the grantee. The grantee shall provide to Harris County 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 Harris County under this Grant Agreement. Audit trails
14
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.
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.
Records related to real property and equipment acquired with grant funds shall be retained for seven
(7) years after final disposition.
Harris County may direct a grantee to retain documents for longer periods of time or to transfer
certain records to Harris County or federal custody when it is determined that the records possess
long term 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 or
state 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.
1s
B. Grant officials or grant funded employees may not use official authority or influence or permit the use of a
program administered by the grantee agency of which the person is an officer or employee to interfere with
or affect the result of an election or nomination of a candidate or to achieve any other political purpose.
C. Grant -funded employees may not coerce, attempt to coerce, command, restrict, attempt to restrict, or prevent
the payment, loan, or contribution of anything of value to a person or political organization for a political
purpose.
D. Grant funds may not be used to employ, as a regular full-time or part-time or contract employee, a person
who is required by Chapter 305 of the Government Code to register as a lobbyist. Furthermore, grant funds
may not be used to pay, on behalf of the agency or an officer or employee of the agency, membership dues
to an organization that pays part or all of the salary of a person who is required by Chapter 305 of the
Government Code to register as a lobbyist.
E. As applicable, the grantee and each contracting tier will comply with 31 USC § 1352, which provides that
none of the funds provided under an award may be expended by the grantee to pay any person to influence,
or attempt to influence an officer or employee of any agency, a Member of Congress, an officer of employee
of Congress, or an employee of a Member of Congress in connection with any Federal action concerning
the award or renewal. Grantee shall file the required certification attached hereto and incorporated for all
purposes as Exhibit C. 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 Harris County prior to receiving any
payments..
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.
Reimbursement requests may be requested following full reporting to Harris County of eligible expenses incurred.
All documentation for expenditures paid during the project period must be submitted to Harris County on or before
the grant liquidation date.
5.3 Reimbursements
Harris County 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. Harris County 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.
16
5.4 Refunds and Deductions
If Harris County 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 Harris County the amount identified by Harris County as an overpayment.
The grantee shall refund any overpayment to Harris County within thirty (30) calendar days of the receipt of the
notice of the overpayment from Harris County unless an alternate payment plan is specified by Harris County.
5.5 Recapture of Funds
The discretionary right of Harris County to terminate for convenience under Section 1.13 notwithstanding, Harris
County shall have the right to terminate the Grant Agreement and to recapture, and be reimbursed for any payments
made by Harris County: (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.
5.6 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 Harris County.
5.7 Project Close Out
Harris County 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 Harris County paid and that are not
authorized to be retained by the grantee for use in other projects.
5.8 Miscellaneous Provisions
It is expressly understood and agreed by the Parties that nothing contained in this Agreement shall be
construed to constitute or create a joint venture, partnership, association or other affiliation or like relationship
between the Parties, it being specifically agreed that their relationship is and shall remain that of independent parties
to a contractual relationship as set forth in this Agreement. The County is an independent contractor and neither it,
nor its employees or agents shall be considered to be an employee, agent, partner, or representative of the City for
any purpose. The City, nor its employees, officers, or agents shall be considered to be employees, agents, partners
or representatives of the County for any purposes. Neither Party has the authority to bind the other Party.
The County is not obligated or liable to any party other than City for the performance of this Agreement. Nothing
in the Agreement is intended or shall be deemed or construed to create any additional rights or remedies upon any
third party. Further, nothing contained in the Agreement shall be construed to or operate in any manner whatsoever
to increase the rights of any third party, or the duties or responsibilities of County with respect to any third party.
A waiver by either Party of a breach or violation of any provision of the Agreement shall not be deemed or construed
to be a waiver of any subsequent breach.
The County does not agree to binding arbitration, nor does the County waive its right to a jury trial.
17
This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the
obligations herein assumed. This Agreement supersedes and replaces any prior agreement between the Parties
pertaining to the rights granted and the obligations assumed herein. This Agreement shall be subject to change or
modification only by a subsequent written modification approved and signed by the governing bodies of each Party.
The provisions of this Agreement are severable, and if any provision or part of this Agreement or the application
thereof to any person, entity, or circumstance shall ever be held by any court of competent jurisdiction to be invalid
or unconstitutional for any reason, the remainder of this Agreement and the application of such provision or part of
this Agreement to other persons, entities, or circumstances shall not be affected thereby.
Any provision of this Agreement that, by its plain meaning, is intended to survive the expiration or earlier termination
of this Agreement including, but not limited to the indemnification provision, shall survive such expiration or earlier
termination. If an ambiguity exists as to survival, the provision shall be deemed to survive.
This Agreement may be executed in several counterparts. Each counterpart is deemed an original and all
counterparts together constitute one and the same instrument. In addition, each Party warrants that the undersigned
is a duly authorized representative with the power to execute the Agreement.
By execution of this Agreement, the City warrants that the duties accorded to the City in this Agreement are within
the powers and authority of the City.
[EXHIBITS AND SIGNATURE PAGE FOLLOWS]
18
BAYTO WN
HARRIS COUNTY
LINA HIDALGO
Date: COUNTY JUDGE
APPROVED AS TO FORM:
VINCE RYAN
COUNTY ATTORNEY
Randy Keenan
Assistant County Attorney
C.A. File 20GEN1938
19
EXHIBIT A
Notice of Subrecipient Grant Award
(follows behind)
20
HARRIS COUNTY, TEXAS
BUDGET MANAGEMENT DEPARTMENT
Administration Building
1001 Preston, Suite 500
Houston, TX 77002
(713) 274-1100
COVID 19 Agenda Item
YES
NO
ABSTAIN
Judge Lina Hidalgo
qir
❑
❑
July 14, 2020
Comm. Rodney Ellis
q�e,/
❑
❑
Comm. Adrian Garcia
❑
❑
To: County Judge Hidalgo, and
Comm. Steve Radack
1ST/
El
Commissioners Ellis, Garcia,
Comm. R. Jack Cagle
q�
❑
❑
Radack, and Cagle
Fm: Shain Carrizal W a C-
Re: CARES Act — Establishment of the Small City Assistance Program
The CARES Act established the Coronavirus Relief Fund (CRF), and Harris County received a
direct allocation of $426 million. On April 28, 2020 Commissioners Court authorized forming a
committee consisting of a representative from each office of Commissioners Court to work with
BMD/HRRM and all relevant departments to make recommendations on the expenditures of the
funds. Attached for your approval is a recommendation from the committee to establish the Small
City Assistance Program in an amount not to exceed $28.5 million.
The committee will continue to work with Guidehouse in making further recommendations to
Commissioners Court before the CRF expiration date of December 30, 2020.
Thank you for your consideration.
Attachment
Presented to Commissioners Court
July 14, 2020
Approve: E/G
HSCO045
COVID-19 Small City Assistance Program
July 10, 2020
BACKGROUND
The COVID-19 pandemic is stretching the ability of State, County, and City governments to both meet their
obligations to protect their citizens and to ensure complete economic recovery and long-term resiliency. While
each situation is unique, we understand that Harris County faces considerable demands resulting from this
outbreak and the 34 cities it represents, and the County seeks to establish a program to provide appropriate
reimbursement of Coronavirus Relief Funds (CRF) to the respective small cities.
PROGRAM PURPOSE
The COVID-19 Small City Assistance Program's purpose is to provide financial assistance for the needs of cities
with <500K population.
The following are the program considerations:
• Coordination. Need to ensure that the County's response is coordinated so that it addresses the
unprecedented public health and societal impacts impacting the small cities.
• Grants Management. Need to ensure support of the management of grant applications, eligibility
verification, grant awards, management of grant and subrecipient agreements, and management of
approval processes for funds requested by cities within Harris County related to the CRF.
• Eligibility. Need to ensure expenses incurred and to be reimbursed to the small cities are captured in a
manner that makes them reimbursable in accordance with U.S. Department of Treasury guidance for the
Coronavirus Relief Fund
• Compliance. Need to ensure that the County is complying with the rules and regulations that will ensure
expenses are reimbursable and avoid a loss of stakeholder and community confidence.
ELIGIBILITY CRITERIA
Cities with <500K population that demonstrate need for financial assistance may qualify for assistance by
meeting any of the following criteria:
#1 Match
---- --Eligible
activities not
#2 covered by
other funding
sources
Assistance (PA) requests showing the 75%
reimbursement requested. Harris County then
provides the remaining 25% of eligible
reimbursements.
Expenses incurred by small cities that are typically not,
covered by FEMA or other grants, that are eligible for 1
CRF. This includes, but is not limited to, the following j
activities:
- COVID dedicated payroll expenses
- Paid sick and medical leave
- Government payroll support program
- Unemployment insurance costs
- Telework capability improvement
1
assistance
cities apply for
FEMA PA
Educate cities
about these
expense activities
Other COVID Other related expenses not identified in Options #1
#3 Related and #2 that will be evaluated by the County for
Expenses duplication of benefits on a case -by -case basis
Educate cities
about these
expense activities
ALLOCATION MAXIMUMS
Per the chart below, $55 per capita is used to determine a ceiling of available CRF funding per small city within
Harris County. This amount is based on the criteria established by the Texas Department of Emergency
Management (TDEM) for other cities and counties in Texas with <500K populations.
City
Baytown
Bellaire
Bunker Hill Villa a
Deer Park
El Lago
Friendswood
Galena Park10,931
Hedwig Village
Hilshire Village
Humble
2018 Census Population Data
72,879
18,966
3,982
Allocation
$4,008,345
$1,043,130
$219,010
$1,866,205
? $149,985
$636,625
$601205
$146,795 j
$45,045 j
$882,255
33,931
2,727
11,575
mm 2,669
819
_-
16,041
Hunters Creek Village
4,891
$269,005
Jacinto City
Jersey Village
Katy
La Porte
League City.
Missouri City
Morgan Is Point
Nassau Bay
Pasadena
Pearland
Piney_ Point Village
Seabrook
Shoreacres
South Houston
Southside Place
10,625
T $584,375
$437,910
$838,805
$1,948,265
$109,120
u _ $345,015
$18,975
$222,035
$8,427,045
_ $288,035
$189,695
$786,005
$88,605
$967,065
$103,455
7,962
_
15,251
35,423
1,984
_
6,273
345
4,037
153,219
5,237
3,449
14,291
1,611
17,583
_ _ _
1,881
Spring Vallg Village
4,333
$238,315
Stafford
309
$16,995
Taylor Lake Village
3,625
$199,375 .
The Woodlands
Tomball
Waller
13,000*
$715,000
` 11,761
$646,855
$33,000
$616,055
$862,180
78
600
11,201
Webster
West University Place
otal28+54
15,676
*Estimated census data for the portion of The Woodlands included in Harris County, per The Woodlands Area Economic Development
Partnership
2
TECHNICAL ASSISTANCE
With the purpose of helping small cities, especially those not familiar with federal funding, the small cities will be
provided with technical assistance to better understand the process of successfully identifying eligible CRF
activities, and guidance around other potential funding sources (ex. FEMA PA). The main components of the
technical assistance will include (but is not limited to)':
1. Conducting outreach activities to:
• Inform small cities about the program
• Engaging City management to actively participate in program
2. Hosting webcast and online training for:
• Overall process of the County's program for small cities
• Eligible activities under the CRF grant and overlap with other funding sources
• Workflows, forms, tools, and documentation requirements for reimbursement
• Brief overview of other federal funding sources
3. Providing tools and templates for reimbursement requests including:
• Excel based cost tracking mechanism
• Checklist of eligible activities with required documentation
• Frequently asked questions (FAQs)
• Workflow steps for transparency
4. Providing one-on-one support including:
• Questions around eligibility and/or process
• Developing reimbursement requests
• Understanding any rejected/returned reimbursement requests
AGREEMENT FOR DISTRIBUTION
To receive CRF distributions, the small city mayor or city manager must review, agree to the terms and conditions,
and sign certification forms similar to those developed by TDEM. 2 The CRF Terms and Conditions released by
TDEM addresses the grant acceptance, project period, general responsibility, amendments and changes to the
grant agreement, and jurisdictional cooperation that a subrecipient must adhere to when receiving CRF
distributions.
See Attachment A tor Framework o tec nical assistance
Z See Appendix for example of modified CARES Act Coronavirus Relief Fund Eligibility Certification from TDEM
3
APPENDIX
CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
I, . am the Mayor or City Manager of
("Municipality"), and I certify that:
1. I have the authority on behalf of Municipality to request grant payments from Harris County ("County")
for federal funds appropriated pursuant to section 601 of the Social Security Act, as added by section
5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No.116-136, div. A, Title V (Mar.
27, 2020).
2. I understand that the County will rely on this certification as a material representation in making grant
payments to the Municipality.
3. I acknowledge that Municipality should keep records sufficient to demonstrate that the expenditure of
funds it has received is in accordance with section 601(d) of the Social Security Act.
4. I acknowledge that all records and expenditures are subject to audit by the United States Department of
Treasury's Inspector General, Harris County, or designee.
5. 1 acknowledge that Municipality has an affirmative obligation to identify and report any duplication of
benefits. I understand that the County has an obligation and the authority to deobligate or offset any
duplicated benefits.
6. I acknowledge and agree that Municipality shall be liable for any costs disallowed pursuant to financial
or compliance audits of funds received.
7. 1 acknowledge that if Municipality 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 Municipality's proposed uses of the funds provided as grant payments from the
County 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
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:
3 Per Texas Department of Emergency Management tdem.texas.gov, with modifications
ATTACHMENT A
TIMELINE OF TECHNICAL ASSISTANCE AND ADMINISTRATION
The following table details technical assistance and administration activities provided to the County and small
cities within Harris County. All activities will be ongoing through December 30, 2020 with auditing and close-
out activities continuing into 2021.
- Outreach effort to notify small cities about the Small City Assistance
July - Program including webcasts about the overall process
Small cities execute certification form ahead of receiving CRF
distribution from the County
Training to help cities identify expenses eligible for FEM PA and —
other federal funding sources
Providing training materials about other federal funding sources
Assistance to apply for other federal funding
Provide a mapped flow of documentation and requirements of the
Grant Management program lifecycle to small cities to understand all
necessary documentation
August - Provide tools and templates for tracking costs for reimbursement
- Provide eligible cost checklists for CRF reimbursement
- Assistance to develop reimbursement requests including holding
office hours to answer questions about eligibility
- Training cities about duplication of benefits, how to prevent them,
and how to notify the County if any assistance that could fall into this
category is received
- Track the disbursement of funds, at the County level, to ensure they
September are being used as they were intended and in a timely fashion
- Provide access to workflows, forms, tools, and documentation
requirements for reimbursement of each individual transaction
i
October - Support to understand any denied benefits and reapply, if possible
November - Trainings about how subrecipients can properly close out use of
funds received and what documentation is required
- Report on the assistance provided to small cities, the maximation of
December benefits realized from various federal funding sources, and measure
CRF distribution utilized
5
EXHIBIT B
CARES Act Coronavirus Relief Fund Eligibility Certification Form
(follows behind)
21
CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION
I, , am the Mayor or City Manager of
I certify that:
("Municipality"), and
1. I have the authority on behalf of Municipality to request grant payments from Harris County ("County")
for federal funds appropriated pursuant to section 601 of the Social Security Act, as added by section
5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V
(Mar. 27, 2020).
2. I understand that the County will rely on this certification as a material representation in making grant
payments to the Municipality.
3. I acknowledge that Municipality should keep records sufficient to demonstrate that the expenditure of
funds it has received is in accordance with section 601(d) of the Social Security Act.
4. I acknowledge that all records and expenditures are subject to audit by the United States Department of
Treasury's Inspector General, Harris County, or designee.
5. I acknowledge that Municipality has an affirmative obligation to identify and report any duplication of
benefits. I understand that the County has an obligation and the authority to deobligate or offset any
duplicated benefits.
6. I acknowledge and agree that Municipality shall be liable for any costs disallowed pursuant to financial or
compliance audits of funds received.
7. I acknowledge that if Municipality 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 County or United
States Department of the Treasury.
8. I acknowledge that the Municipality's proposed uses of the funds provided as grant payments from the
County 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
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. I acknowledge acceptance of the
grant and all exhibits in this Grant Agreement, and to abide by all terms and conditions.
Name:
Title:
Signature:
Date:
22
EXHIBIT C Certification
Regarding Lobbying (follows
behind)
23
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned grantee, , 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.
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 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.
Initial Here:
24
ORDER OF COMMISSIONERS COURT
Authorizing Execution of an Interlocal Grant Agreement
The Commissioners Court of Harris County, Texas, met in regular session at its regular
term at the Harris County Administration Building in the City of Houston, Texas, on
with all members present except
A quorum was present. Among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL GRANT AGREEMENT
BETWEEN HARRIS COUNTY AND BAYTOWN TO REIMBURSE THE CITY FOR
ELEGIBLE EXPENSES FROM THE CORONAVIRUS RELIEF FUND
Commissioner
introduced an order and made a motion
that the same be adopted. Commissioner seconded the motion for
adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the
following vote:
Yes No Abstain
Judge Lina Hidalgo
0
❑
❑
Comm. Rodney Ellis
0
❑
❑
Comm. Adrian Garcia
❑
❑
❑
Comm. Steve Radack
0
0
❑
Comm. R. Jack Cagle
❑
❑
❑
The County Judge thereupon announced that the motion had duly and lawfully carried and
that the order had been duly and lawfully adopted. The order thus adopted follows:
IT IS ORDERED that the Harris County Judge is authorized to execute, for and on behalf of
Harris County, the Interlocal Grant Agreement between the Harris County and Baytown, pursuant
to Tex. Gov't Code Ann. §§ 791.001 — 791.030, for the County to reimburse the City for eligible
expenses with a grant from the Coronavirus Relief Fund as authorized and established within
section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief,
and Economic Security Act. The Interlocal Grant Agreement is incorporated by reference for all
purposes as though fully set out in this Order word for word.
All Harris County officials and employees are authorized to do any and all things necessary or
convenient to accomplish the purpose of this Order.