AGENDA CUMBY,TEXAS NOTICE OF MEETING OF THE CITY COUNCIL OF This notice is posted pursuant to the Texas Open Meetings Act. Notice hereby given that the City Council of the city of Cumby, Texas will conduct a Regular Meeting on July1 13,2021 6:30 p.m., at 100 East Main Street, SUPPLEMENTAL NOTICE OF MEETING BY LIVESTREAMITELEPHONE In accordance with Order of the Office of the Governor: issued March 16",2020, the governor has suspended various provisions of the Open Meetings Act pursuant to his state disaster authority, which now authorize the participation ofar meeting byl live-videos stream or telephone. The City ofCumby will conduct thel Regular Meeting on July13.2021, at 6:30 p.m. at 1001 East Main Street, Cumby, Texas, City Council Chambers inj part by Livestream inc order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") ands slow Livestream Participation. The livestream available viat the Zoom website from your computer, tablet or smartphone Ifthe public desires tos speak duringas specific agenda item, they must email crtn@sipolcumboycon by 4:00 pm ont the day oft ther meeting. Thee email must contain the person's name, address, phone number, and the agenda item(s) for which comments willl bei made. Your may also communicate and send your comments to the City Councilmembers directly by emailing emanlcatpofumbyse: lderman/@cityofcumby.com; emamgcbofaumbyson: The meeting agenda and agenda packet are posted online at] Atpsy/wwwcivofeumby/com'ndexahtn! Cumby, Texas, City Council Chambers. CONFERENCE: down the spread oft the Coronavirus (COVID-19). at: https://us02web.z00m.Us//89340573076 ltemaniecipofumbyson: ammprbpofamiyson. Page 113 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE AND INVOCATION 3. PRESENTATION BY CITIZENS The City Council welcomes' Presentation by Citizens." Ifyou wish tos speak, you must follow these guidelines. Asa a courtesy tos your fellow citizens and out ofrespect to our fellow citizens, we request that ify you wish tos speak that you follow theses guidelines. Thel Mayor willr recognize those citizens who have signed up priort tot the start ofther mecting. Pursuant to Resolution) No. 2020-12 Citizens are given three minutes (3:00) tos speak during "Presentation by Citizens." Members oft the publici may onlys speak once and cannot pass the individual'st time allotment tos someone else. Direct your comments tot the entire Council, nott to ani individualr member. Showt the Council members thes samer respect and courtesy that you expectt tot bes shownt tos you. Thel Mayor will rule any disruptive behavior, including shouting or derogatory statements or comments, out oforder. Continuation oft thist of behavior could resulti ina ai request by the Mayort that the individual leave the meeting, and ifrefused, and order of removal. In compliance with type the Texas Open Meetings Act, nor membero ofCity Council may deliberate ond citizen comments fori items noto ont the agenda. (Attorney General Opinion Pursuant to TEX. GOV'T CODE 551.0415(b), the Mayor and each City Council member may announce city events/community interests and -JC0169) 4. CITY COUNCIL COMMENTS request thati items bey plaçed on future City Council agendas. "Items of Community Interest" include: Expressions oft thanks, congratulations, or condolences; Information: regarding holiday schedules; An honorary ors salutary recognition ofay public official, public employee, or other citizen, except that a discussion regarding a change ins status ofap person's public office orp publice employment isr notl honorary ors salutary recognition for purposes oft thiss subdivision; Information regarding a social, ceremonial, or community event organized ors sponsored by and entity other than the governing body or Announcements involving ani imminent threatt tot the public! healtha ands safety ofp people int ther municipality or countyt that has arisen after Ar reminder about an upcoming event organized or sponsored by the governing body; and official or employee ofthe municipality or county; and posting oft the agenda. 5. CONSENT AGENDA Alli matters listed under this item are considered routine bt the City Council and will be enacted by one motion. There will not be separate discussion ofthese items. Ifdiscussion is desired by any Alderman on any item, that item willl be removed from the consent agenda and willl be considered separately. 5.1. Approval - City Council Minutes, June 8, 2021. 5.2. Approval - City Council Minutes, June 18, 2021 5.3. Approval - City Council Public Hearing, June 15, 2021 5.4. Approval - June, Financials (moving to New Business 8.8 by Mayor Pro Tem Lackey) Alli matters listed under this item are considered: routine by the City Council and will only be considered: att ther request 6. DEPARTMENT REPORTS ofone or more. Aldermen. Coincident with each listed item, discussion will generally occur. 6.1. Public Works Department Activity Report 6.2. Police Department Activity Report 6.3. Municipal Court Activity Report 6.4. Building Permit Activity Report (ifany) 6.5. Fire Department Activity Report 7. NEW: BUSINESS 7.1. DacsoActipn-Pasihly ofselling City owned land on 206. East Main Street and/or City owned land on 102 Frisco Street. [Possibility to convene into Executive Session Page213 pursuant to Local Government Codes Sections 551.071 (Consultation with Attorney); 7.2. Discussion/Action Partnership with Cumby ISD and the City for Community Service.- 7.3. Discussion/Action Council's Confirmation of the Mayor's Appointment [Local Government Code 22.010(e)] of Mrs. Betty Jo Hartman as the new City Secretary of 7.4. Discussion/Action - Create a Grant Committee to see what all Grants the City of Cumby 551.072 (Deliberations related to Real Property)] Mayor Simmerman and Superintendent Mrs. Shelley Slaughter. Cumby. is eligible for the improvement oft the City. Alderman Mobley 7.5. Discussion/Action - Adopting Resolution 2021- Public Comment Policy. - Mayor Pro Tem Lackey 7.6. Discussion/Action - Changing the due date for the Cumby Monthly Water bills to the 15th and late on the 16thofther month instead ofdue on the 10thofthe month with a 5-day grace 7.7. Discussion/Action - Participating in the American Rescue Plan of2021 and appointment period and late on the 16th.- Mayor Pro Tem Lackey ofPublic Management, Inc as the overseers. - Mayor Simmerman 7.8. Discussion - Update on City's Finances. 8. ADJOURNMENT Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of TEX. GOV'T CODE CHAPTER 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions ofa a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy TEX. GOV'TCODE 551.144(c) andt ther meeting is conducted by all participants in reliance on this opinion. The Council may vote and/or act upon each oft the items set out in this agenda. In addition, the city Council for the City of Cumby has the right to adjourn into executive session at any time during the course of this meeting to discuss any matter authorized by Texas Government Code Sections 551.071 (Consultation with Attorney); 51.072(Deliberations related tol Real Property); 551.073 (Deliberations: related toj prospective gifts or donations); Section 551.074 (Personnel Matter); 551.076 (Deliberations regarding the deployment ofs security devices or the implementation ofs security policy); and 551.087 (Deliberations regarding Economic Development negotiations). Attendance by Other Elected or Appointed Officials - NOTICE OF POTENTIAL QUORUM: It isa anticipated that members of City Council or other city board, commissions and/or committees may attend the meeting ini numbers thati may constitute ac quorum ofthe other city boards, commission and/or committees. Notice ish hereby given that the meeting, to the extent required by law, is also notices as a meeting of the other boards, commissions and/or committees oft the City, whose members may be in attendance. The members ofthel boards, commissions and/or committees may participate in discussions on the same items listed on the agenda, which occur at ther meeting, but no action willl be taken by such in attendance unless suchi item and action is specifically provided for on an agenda for that board, commission or committee subject to the Texas Open Meetings Act. Ihereby certify that the above Notice of Meeting was posted on the City Hall bulletin board on the 10th of] July, 2021, at aj place convenient and readily accessible to the general public at all times, and to the city's website, pcipofumtycen. in compliance with Chapter 551,Tpxas Goverpment Code. CERTIFICATE: Smlloclur Sheryl Lackey, Interimgity Secretary Page313 CUMBY MUNICIPAL COURT DEPOSIT REPORT DEPOSIT DATE June DATE RANGE l2/10.99-3091 monhlu TOTAL OF ONLINE PAYMENTS= 43,489.03 TOTAL OF MONEY ORDERS= TOTAL PAYMENTS= 12,440.20 1032.48 Lell0.95 55,929.82 GHS -STATE OMNI SECURITY TECHNOLOGY 8,509.75 13.398.99 345.47 - TRANSFERABLETO GENERAL 31,415.41 = DEPOSIT TO GENERAL 11,190.77 TOTAL DEPOSIT= 33,(000.18 =% 58.3% PROCESSED BY SECRETARY Ailai Bbdhau a Bouw/cy w we COUNTY 0 ool G ACREAGE N 1 1 1 1 s GRASS FIRE w 1I o o N CARI FIRE o! wN w o STRUCTURE FIRE A BE E EN MEDICAL a ON b MVA 3 3 N u HN INVESTIGATION /STAND BY 0 o WATER USAGE MAN/HOURS City Council Meeting Minutes Tuesday, June 8, 2021 1. CALL MEETING TO ORDER Mayor Simmerman called the meeting to order at 6:30 p.m. PRESENT: Mayor Simmerman Mayor Pro Tem Lackey Alderman Hardy Alderman Mobley Alderman McCarter Alderman Horne, via Zoom ABSENT: 2. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Simmerman lead the Pledge and) Invocation. 3. PRESENTATION BY CITIZENS The City Council welcomes Presentation by Citizens." Ifyou wisht tos speak, your must follow these guidelines. Asa and out ofrespect to our fellow citizens, we request that ifyouy wish tos speak that you follow these guidelines. courtesy toy your fellow citizens Thel Mayor will recognize those citizens whol have signed up priort tot thes start ofther meeting. Pursuant tol Resolution! No. 2020-12 Citizens are given three minutes (3:00) tos speak during" Presentation Citizens." Members oft the public may only speak once and cannot pass thei individual'st time allotment tos someone else. by Directy your comments to the entire Council, nott to ani individual member. Showt the Council members the same respect and courtesy that you expect to bes shown tos Thel Mayor will rule any disruptive behavior, including shouting or derogatory statements or comments, you. Open Meetings Act, o member of City Council may deliberate on citizen comments fori items not on the agenda. behavior couldr resulti ina request by thel Mayort thatt thei individual leave the meeting, andi ifrefused, and order out ofr removal. of order. In Continuation compliance witht oft thist type of General the Texas Opinion- JC 0169) (Attomey No citizens addressed Council. 4. CITY COUNCIL COMMENTS Pursuant to TEX. GCVT CODE 551.0415(b), the Mayor and each City Council member may announce thati items be placed on! future City Council agendas. "Items of Community Interest" include: city events/community interests and request that a discussion: regarding a change in ofthiss subdivision; govering body or an or that Expression: ofthanks, congratulations, or condolences; Information egarding holiday schedules; An honorary or salutary recognition ofap public official, public employee, or other citizen, status ofar rerson's public office orp public employment isr not honorary ors salutary recognition except for purposes Ar reminder about an upcoming event organized or sponsored by the goveming body; Information official regarding a social, ceremonial, or community event organized or sponsored by ane entity other than the Announcements involving ani imminent threat to the public health and safety of people int the ord emp ployee oft the municipality ord county; and posting oft the agenda. municipality county has arisen after Mayor Simmerman informed Council that Alexis Griffith turned in her resignation. She is looking to find ajobcl ertol home. Waiting on a phone line for the M&RLift Station. Pumping tol hill side Mayor Pro Tem updated Council and Citizens regarding the 2018 IRS Form 945. After speaking with Ms. Acri Schofield she would be extending the due date to June 21, 2021. They had found that entities using QuickBooks and various other software not all information transferred correctly. If the City cas find all the proper paperwork it would reduce the amount of money owed to IRS ($37,219.01.C") to $4,860.00 due to the "penalties for failure to file correct information and failure to furnish cor ct payee statements"; is al hard thing to remove but would do what she could to remove is up and going Also, read the Public Speaking Information on the Agenda. that penalty as vell. June 8: 2021 Reç. ar Meeting.docx Page116 City Council Meeting Minutes Tuesday, June 8, 2021 5. EXECUTIVE SESSION 5.1. Discus-ion/Action: - Removal ofJ Judge Lana Adams in accordance with L.G.C. Sec. 22.077 "for incompetency, corruption, misconduct, or malfeasance in office." Texas Government Code Sections 551.074 (Personnel Matter) and 551.071 (Consultation with. Attorney) Council dilnot convene in Executive Session as Mrs. Judge Lana Adams requested a Public Mayor Pro fem moved tol hold the Public Hearing for Mrs.. Judge Lana Adams on Tuesday, June Hearing. 15,2021, at 61 p.m. Alderman :: tcCarter 2nd. Motion car cies 5-0. Aldermanl Iardy moved to leave Lana Adams name off the Agenda. Motion dic i on the table due to the lack ofa a 2nd. 6. CONSENTZ AGENDA All matters listed: endert thisi item are considered routine bt the City Council and willl be enacted by one: motion. There will not be separate di ussion oft these items. Ifdiscussion is desired by any Alderman on any item, that item willl bei removed from the consent: : : nda and will be considered separately. 6.1. Apprns l- City Council Minutes, May 11, 2021, Regular Meeting. 6.2. Appe al- City Council Minutes, May 26, 2021, Special Meeting. Alderman Mc arter moved to approve the Consent Agenda as written. Alderman Har y2nd. Motion carriec 5-0. 7. DEPART: ENT REPORTS All matters listed nd der this item are considered routine by the City Council and will only be considered at the one or more AIC en. Coincident with each listed item, discussion will generally occur. of request 7.1. Pubis Works Department Activity Report 7.2. Polici Department Activity Report 7.3. Muni al Court. Activity Report 7.4. Build : Permit Activity Report (ifany) 7.5. Fire I artment Activity Report 8. OLDBL U. ESS 8.1.Disa on/Action - Update on Constellation Energy Bill, Mayor Pro Tem Lackey Mayor) D- "em Lackey moved to discuss and move. New Business line item 9.11 Approve search for new : tcic rate plan into this discussion. Alderma: 1:Carter 2nd. Motion C: ied5-0. June 8: 2021 R. rMeeting.docx Page216 City Council Meeting Minutes Tuesday, June 8, 2021 Mayor PrTem Lackey Informed Council that the last time Constellation Energy was paid was on. March 11,2021. After paying numerous invoices the City still owes $110,086.39. Due to the wintery S in the city received a bill in the amount of $96,075.11 partly since the city is on a month-to- 1 nth basis instead of! being in a contract we do not have a "locked" rate. Also, she informed LS incil that Constellation was not applying payments correctly. Constellation; provided Council d" scussed the different options of either staying with Constellation or finding a different provider. One of Alderman Hardy's concerns was that we would not be able to "contract" with anotherp: i ider being how we owed Constellation money as they would not "release" our lines. Aldermar A cCarteri moved to check into other providers or making a contract with Constellation. contractu : ixed Price options based on today'si market rates. Mayor Pr em 2nd. Motion Ca : d5-0. 9. NEWI BUSINESS 9.1. Discu : 'Action -] Maintenance areas ofinterest. - Alderman Horne 9.1.1.1. Well 4 serviced and is it operational? Mayor Simmerman informed Council that he was in communication with Lisa today. Lisa and Jeff will be working on it. Appears to be an electrical issue. Mayor Simmerman informed Council that Jeff stated that right now with the wetness it will not do any good to do anything now. Mayor Simmerman also stated that with the school running more buses than before and all the other heavy" vehicles is adding to the deterioration to the roads. This will be an 9.1.3 2. Plans and updates for street repairs. ongoing issue. 9.1 .3. Waterline of FM 499 @ Donelton. Mayor Simmerman informed Council that Jeffhas] had 3 active water leaks and has called for locates. A section needs to be cut out due to old rusty metal pipes. As soon as the locate is done Jeff will start the process of fixing the issue. 9.1.1.4. Tree on Denton Street need to be cleared out of ditch. Mayor Simmerman believes it is the landowner's responsibility. Mayor Simmerman and Alderman Mobley can help clean it out and Mayor will take itt to his house and burn it. Alderman Horne doesn't want the: rain to continue and flood out the road. No action needed. 9.2. Discuss/Action - Condemned Properties - Alderman Horne 9.2.1.1. 101/102 Tarrant Street June 8 2021 Regu 'ar Meeting.docx Page316 City Council Meeting Minutes Tuesday, June 8, 2021 This property currently is in a Probate/Estate now. Trying to locate the "inheritor(s)" is a battle. Council needs to find out if the Tax Assessor can release who is paying the taxes SO they can be notified. 9.2.1.2. 408 Odom Street Racoons and other animals are inhabiting" this property as currently no one lives in the house. 9.2.1.3. Mill Street This property has been condemned and still trying to locate the owner. No action. 9.3. Discuss/Action - National Night Out -] Potentially creating a committee. ChiefJeffHundley Chief Hundley addressed the Council about participating in National Night Out on October 5,2021. Chiefhas registered the city and would like to form a committee as he feels it will create a stronger bond with the community. Smaller towns normally hold the festivities"; in the par': and feels this could be something along the lines as with Black Jack Grove Day. Alderman McCarter moved to form a National Night Out Committee. Alderman Horne 2nd. Motion carried 5/0. Committee is formed. Mayor Simmerman appointed Mayor Pro Tem Lackey as Chair and report back when the 9.4. Discuss/Action - Approve Budget Calendar for the FY: 21-22. - Mayor Pro Tem Lackey Mayor Pro Tem Lackey presented aj proposed Budget Calendar for the FY21-22. Stated that there were certain dates that could not be changed due to legal posting requirements. Mayor Pro Tem Lackey moved to approve the proposed Budget Calendar for the FY21-22. Alderman McCarter 2nd. Motion carries 5/0. 9.5. Discuss/Action - Resolution No. - 2021-08 Calling for the November 2, 2021, Cumby City Council Election for Alderman Place 3, Alderman Place 4, Alderman Place 5 and posting Mayor Pro Tem Lackey moved to accept Resolution No. 2021-08 Calling for the November 2, 2021, Cumby City Council Election for Alderman Place 3, Alderman Place 4, and requirements. - Mayor Pro Tem Lackey Aldernan Place 5 as written. Aldernin Hardy 2nd. Motion carries 5/0. 9.6. Discuss/Action = Appointment of Court Clerk Ms. Rita Graham to Associate Judge and taking all necessary steps to obtain said position. - Mayor Simmerman/Mayor Pro Tem Lackey June 8: 2021 Regu 'ar Meeting.docx Pagc416 City Council Meeting Minutes Tuesday, June 8, 2021 Judge Adams believes this would be very advantageous to the City to have an Associate Judge. Mayor Pro Tem Lackey moved to Appoint Court Clerk Ms. Rita Grahm to Associate Judge and Ms. Graham could sign judgements and pre-trials. taking all necessary steps to obtain said position. Alderman McCarter 2nd. Motion carrics 5/0. 9.7. Discuss/Action - Appointment ofTemporary Municipal Judge due to potential vacancy. No action as Judge Adams asked for al Public Hearing on her possible removal as City Judge in accordance with L.G.C. Sec. 22.077 "for incompetency, corruption, misconduct, or 9.8. Discu"lAction = Purchase ofLawn Mower within $5,000.00. Appoint New Maintenance Supervisor to make selection and present to Mayor for final approval and to direct Alderman Mobley moved for the purchase of a Lawn Mower within $5,000.00 and appoint Mr. Jeff Dudley to select and present to Mayor for final approval and to direct maintenance malfeasance in office." maintenance employee to maintain lawn. employee to maintain lawn. Mayor Pro Tem 2nd. Motion carries 5/0. 9.9. Discu. on/Action - Cancellation ofContract with] Lawn Mowing Service and compensation for moith ofMay 2021 plus reimbursement for aid in sewer maintenance. Mayor. riro Tem Lackey moved to cancel the contract with James Freeman and write a check for $410.00: for services performed and aiding with sewer maintenance. Alderman McCarter 2nd. Motion carries 5/0. 9.10. Discuss/Action - Approve monthly bills. Mayor Pro Tem Lackey Alderman Hardy approved the monthly bills. derman McCarter 2nd. Sucretary. ) otion moved 4-0 as Mayor Pro Tem Lackey refrained from voting as Interim City Discuss/Action - Approve search for new Electric rate plan. Mayor Pro Tem Lackey Mived to Old Business 8.1 by motion moved by Mayor Pro Tem Lackey. 9.11. June 8 2021 Regu! Meeting.docx Page16 City Council Meeting Minutes Tuesday, June 8, 2021 10. ADJOURNN IENT Mayor f'immerman adjourned the meeting at 7:34 p.m. Attest Douglas Simmerman, Mayor Sheryl ickey, Interim City Secretary June 8: 2021 Regular Meeting.docx Pagc616 City Council Meeting Minutes June 18, 2021 1. CALLMEITING TO ORDER Mayor-immerman called meeting to order at 6:00 p.m. PRESENT: Mayor Simmerman Mayor. Pro Tem Lackey Alderman Hardy Allerman Mobley HermaiMcCarter e lenar Horne ABSENT: 2. PLEDGE OF ALLEGIANCE AND INVOCATION MayurSmmerman led the Pledge of Allegiance and the Invocation. 3. PRISEATATION BY CITIZENS oprese: itation by citizens. 4. 3 CIT COUNCIL COMMENTS nyois mmermian 5. NEWBUSIN VESS 5.1. Discuss. u on/Action = Approve contract with an Electricity provider. Mayor) Pro Tem Lackey informed council that she had received an email about the 205. bili., y of ghi rates due to the heat wave that is hitting Texas and that ERCOT had the otcatia to raise rates high again. The City cannot afford another high electric bill. MIderma: al McCarter: moved to sight a 3-year contract with Constellation. lde i a Molluy 2nd. lot arried 5/0. 5.2. Discuss Action-4 Approving allocating more monies for the purchase ofa lawn mower. Pub.:) I ork Supervisor, JeffI Dudley addressed the council regarding the purchase prices of lawn me wers. The one he: found that would do a better job costs al little more than what the councill Inda al'ocated. He came to Council to request $1,500.00 more to cover the cost. A1. mi :Mc - rter moved to allocate $5,500.00 for the purchase oft the new lawn mower. Muume Hary 20d. lot n urrics5/0. 6.A AD. U.N ENI APPROVE: Mes Smu mman adjourned the meeting at 6:14 p.m. ATTEST: Dor 1s in nermen, Mayor Sheryl Lackey, Interim City Secretary Pagc11 City Secretary From: Sent: To: Subject: Sheryl Thanks Jinger Jinger Peeks yngerpessegmal.om, Tuesday, June 22, 202112:58PM City Secretary; Cumby Alderman 1 Fwd: 206 EN Main St Would like to add the property at 102 Frisco St as well. Sent from my iPhone Begin forwarded message: From: Doug Simmerman mayoredlyorcumeycom Date: June 10, 2021 at8:09:55AMCDT To: Jinger Peeks mperpelsegmal.om, Subject: Re: 206 El Main St No, you do not need to do anything. Iwilll have it posted on the agenda. DS Get Outlook fori ios From: Jinger Peeks yngerpesegmal.com, Sent: Thursday, June 10, 20216:49:01AM To: Doug Simmerman mayoredlyorcumoy.com Subject: Re: 206 El Main St Mr Simmerman Thank you for your response. Iwould like to get this process started. Is there a formal request Ineed to fill out or can my email serve as the request? Dolneed to be added to the agenda to request this? Please advise what my next step should be. Thank you Jinger Sent from myi iPhone >OnJ Jun 10, 2021, at 4:50 AM, Doug Simmerman mayoreclyorumby.com wrote: > Thank youi in your interest in our 206 East Main property. There is a process that we have to go through to dispose of city property. Ity would have to go before council to decide to sell and approve getting appraisal of property. Then council would have to decide asking price and then vote on approval of price offer and sale. So, it is not a real quick process. > DS > > ----Original Message-- >F From: Jinger Peeks yngerpeelsegmal.om, > Sent: Wednesday,lunes 9,20219:25AM >7 To: Doug Simmerman mayor@cityorcumby.om> >S Subject: 206 El Main St > Doug, something the city would sell? > Thank you >J Jinger Peeks > Sent from myi iPhone > The city owns the lot at 206 EMain St. lam interested in buying it to build al house on. Is this 2 BETTY Jo Hardman Authorized to work in the US for any employer Work Experience PRT, INC July 2017 to February 2020 provided. Client Relationship & Office Manager, Enverus Client Relationship Manager: trained new: sales team regarding legacy client-base, products and services Saved $75Ki int firsty year through QC of Salesforce information transition. Up-sell to existing accounts and develop new business while continuing to transition: financials, accounting, client-base. Office Manager, including financlal/Dookeeping. / Executive Assistant support owners. Plus: Client Relationship Manager supporting clients and business development. This small, privately Executive Assistant: Assistant tot two owners; travel planning; communicationt with clients; standard office owned company was acquired by Drillinglnfo in November 2017. responsibilities, including receptionist (small, family office). Office Manager + Client Relationship Manager Office Manager responsible for all office services, including: Warrior Elements Dallas, TX April 2015 to) Julyz 2017 Accounting Client Services Reception Exec.. Assistant to Owners Governance Travel Manager, Ypo WPO INTERNATIONAL February 2012 to February 2014 Developed this new role for private organization with 25K+ worldwide membership Developed financial, budget and expense reporting fort top level association board to ensure consistent Developed and organized information flow and monitored and tracked status of deliverables to ensure reporting within an international environment department goals met. Incoming Chair and CEO. Prepared extensive international travel packets and meeting documents for Chairman, Executive Assistant to the Owner WARRIOR ELEMENTS & WARRIOR GROUP February 2010 to November 2011 Gatekeeper Managed executive's calendar with detailed planning and preparation to ensure on-time CEO Representative - attended board and association meetings, discussions, award presentation. Developed website (WordPress Software); daily posting on social media to establish brand recognition Executive and Board of Directors: developed monthly reporting routines for the Board; documenting meetings and dissemination of information to executive team. Tracking assignments and projects to for business, board, association, family and social obligations. Assisted in speech writing and public relation campaigns. completion. Office Manager + Project Assistant TEXAS WALL SYSTEMS Wall, TX February 2007 to June 2009 ACQUIRED BY OLDCASTLE COMPANIES) Executive Assistant to CEO North America OLDCASTLE COMPANIES August 1995 to October 2004 U.S. locations. Responsible for semi-annual board of directors meeting fori international board visiting Prepared and distributed board packets; researched and scheduled meeting logistics; negotiated Extensive region / division event planning: Offshore GM annual meetings; annual company picnic Designed and compiled marketing and company qualification presentations, tradeshow set-up and Procurement Program Lead for corporate headquarters - established this program in collaboration with Precast; Glass Group; Materials Group; Architectural Group. Garnered savings of $20M in first year of contracts; including hotel, dining and worldwide transportation. "manned booth", wrote articles fori industry publications Business office relocation and property selection (Managed $1M travel budget) General office management & Executive Assistant responsibilities. Confidentiality. representatives from each respective subsidiary owned by Oldcastle: program Education ASSOCIATES in ENGLISH COMMUNITY COLLEGE Present Skills Advançed level in both PC and Apple environment: Advanced Salesforce.com çalendar management, Concur travel & expense reporting. Sharepoint. Saved with MicroSoft Suite (Outlook, Word, Excel, Power Point and Project Management) and Quickbooks along from information transitioned and QC of accounts in! SF.com Procurement Program $75K saved and claw-back $20M infi first year of program Excellent communication: oral & written Board minutes and organization Developed Train the trainer programs Profit and Non-profit environment Contract Negotiation CRM Software Business Development Office Management Event Planning Personal Assistant Experience Administrative Experience Salesforce Concur Travel & Expense Software SharePoint Microsoft Office Heavy Calender Event Planning Meeting Planning Client Management Sales Experience Presentation Skills Account Management Social Media Management Logistics WordPress Marketing Research Digital Marketing Proofreading Management Links httr./Salesforce.com Atpslwww.lnkedin.com/npnardman Assessments Proofreading = Proficient May 2021 Proofreading written texts. Full results: Proficient April 2021 Full results: Proficient March 2021 Full results: Proficient February 2021 Full results: Expert Analyzing data = Proficient December 2020 Full results: Proficient April 2021 Full results: Proficient February 2021 information Full results: Highly Proficient Customer service = Proficient Identifying and resolving common customer issues Accounting skills: Bookkeeping - Proficient Calculating and determining the accuracy of financial data Supervisory skills: Motivating & assessing employees Expert Motivating others to achieve objectives and identifying improvements or corrective actions Interpreting and producing graphs, identifying trends, and drawing justifiable conclusions from data Work styie: Professionalism = Proficient Tendency to be accountable, professional, open to feedback, and act with integrity at work Attention to detail = Highly Proficient Identifying C Ifcrences in materials, following instructions, and detecting details among distracting Indeed. Assessments provides skills tests that are not indicative ofa a license or certification, or continued devclopment in any professional field. Resolution No. 2021-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUMBY, TEXASTO: ESTABLISH, A STANDARD POLICY AND PROCEDURE FOR MEMBERS OF THE PUBLIC WHO DESIRE TO MAKE A PUBLIC Whereas, the Legislature of the State of Texas passed House Bill 2840 with an effective date of September 1, 2019, amending the Open Meetings Act to provide members of the public the right to address the governing body before or during the governing body's consideration ofan COMMENT DURING AN OPEN MEETING item. Whereas, H.B. 2840 grants governing bodies subject to the Open Meetings Act the ability Whereas, the City Council oft the City of Cumby wishes to establish a standard policy and procedure concerning the public's right to speak on items on the agenda during an open meeting ofthe City of Cumby and that isi in conformity with the Texas Government Code $ 551. BEI ITI RESOLVED BY1 THE CITY COUNCIL OF THE CITY OF CUMBY THAT: SECTION 1. SHORT TITLE. Resolution No.202H0B shall be referred to as the "Public toa adopt reasonable rules concerning the public's right to speak at an open meeting. Comment Policy." SECTION 2. DEFINITIONS A. Members oft the Public. For purposes of the Public Comment Policy, "members oft the public" shall mean any person, entity, ort third party, including but not limited to an employee of the governing body, that the governmental body exercises or has the ability to exercise supervision or control over. B. Regular Meeting. "Regular Meetings" are regularly occurring monthly open meetings in which the City Council ofCity of Cumby meets on the second Tuesday oft the Month. In the event that a Regular Meeting is cancelled or rescheduled for any reason, the rescheduled or called meeting that occurs in place of the regular meeting shall be considered the same as the regular meeting for purposes of public Special or Called Meeting. "Special Meetings" or "Called Meetings" are any meetings that the City Council sets in addition toi the Regular Meeting. A: special or called meeting may be closed or open, depending on the subject oft the meeting and whether action willl bet taken by the Council during the meeting. The required notice comment. C. will reflect the availability of public comment. D. Public Hearing. For purposes of the Public Comment Policy, "public hearing" shall mean any public hearing authorized by statute or law, which does Resolution. Adopting Public Comment Policy Page 1of3 not otherwise have statutory guidelines governing its process, and which the City ofCumby is entitled to conduct. Comment Form. E. A form made available at city hall or at the location of the meeting or hearing, and which a member of the public will provide their name, Public Comment Period. Thej period oftime set aside by the City Council ofCumby in which members of the public may address the governing body, and which is to occur during any meeting or hearing in which a quorum of the members of the governing body is present and actions by the governing body are taken or expected address, and the agenda item or topic they wish to address. F. to be taken. SECTION 3. POLICY A. All inquiries regarding the Public Comment Policy should be directed to the City B. Prior to any meeting or hearing, members of the public must fill out a Comment Form. In lieu of a speaker form, members of the public are encouraged to email the city secretary at rtayeayalCambycen with the required information. If the Meeting or Hearing Notice fails to specify a deadline to complete the Comment Form, emails may be sent no later than 3:00 p.m. on the date oft the meeting or hearing and Comment Forms may be filled out on location. C.Time Limit. Members of the Public who have filled out the Comment Form will be given a total of 3 minutes to speak during the "Public Comment Period," as provided by any Agenda or Notice governing the meeting. Time Limits may not be extended or yielded and passed to another Member of the Public. Exception: Any individual addressing the governing body through use of a translator shall be given twice the amount of time in order to ensure that all members oft the public receive the same opportunity to address the City Council. Secretary at scretaly@etyotcumby .com or (903).994-2272. D. Decorum. The governing body will not prohibit or in any way abridge the right oft the public to criticize the governmental body, but will require decorum during every gathering ofthe governing body. Any member of the public that is disruptive, unruly, or displays offensive behavior may be subject to removal. E. Invited Speakers. Any individual that was invited by a member of the governing body to speak before the governing body is not subject to the policy outlined herein. SECTION3. COMPLIANCE & SEVERABILITY All Ordinances or Resolutions in conflict herewith are: repealed to the extent oft the conflict only. Should any portion ofthe Public Comment Policy be adjudged orheld tol be illegal or invalid, such severability shall: not affect the remainder of the Policy and the City Council ofthe City of Cumby, Texas hereby declares it would have resolved and enacted suchi remained portions, despite invalidity. Resolution. Adopting Public Comment Policy Page 2 of3 SECTION 4. EFFECTIVE DATE This Ordinance shall bei in full force and effect immediately upon its] passage and approval. PASSED AND APPROVED, this the day of July 13, 2021. Douglas Simmerman, Mayor, City of Cumby Sheryl Lackey, Interim City Secretary Resolution. Adopting Public Comment Policy Page 3 of3 AMERICAN RESCUE PLAN OF 2021 Allocation Instruction Guidance The U.S. Department of Treasury issued instructions on how non-entitlement units (NEU) of government will receive allocations from the American Rescue Plan State Agency Requests NEUFUndS NEU Claims Funds from State Fundsare SenttoNEU Account Provided DOCUMENTS AND NFORMATION NECESSARY FOR REQUESTING YOUR ALLOCATION 1. Community Information Local Government Name Allocation Capis75% 0f1/27/2020 Budget Entity's Tax Payer dentfication/Number SAM Registration and DUNSNumber Address 2. Authorized Representative 3. Contact Person Name, Title, Phone Number,Email Name, Title, Phone Number,Email Routing and Account Number Unclaimed FundsWill be SenttoOther Cities 4. Financial Institution Information Financial Institution. Name and Contact, Information 5. Total Community Budget Annual total operating budget in effect as of January 27,2020 Civil Rights, Fair Housing, Labor, and 2 CFR200 Apply 6. Award Terms and Conditions Agreement As provided by the Treasuryto bes signed As provided by the Treasury to be signed 7. Assurances of Compliance with Title VI of the Civil Rights Act of 1964 N TeYCNO TCERCNe AR P SA v - OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 U.S. DEPARTMENT OF THE' TREASURY CORONAVIRUS STATE. AND LOCAL FISCAL: RECOVERY FUNDS Recipient name and address: DUNS Number: [Recipient to provide] [Recipient to provide] Taxpayer Identification Number: [Recipient to Assistance Listing Number: 21.019 provide) Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department oft the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. attached hereto. Recipient: Authorized Representative: Title: Date signed: U.S. Department of the Treasury: Authorized Representative: Title: Date: PAPERWORK: REDUCTION, ACT NOTICE The information collected will be used for the U.S. Government toj process requests for support. The estimated burden associated with this collection ofi information is 15 minutes per response. Comments concerning the accuracy ofthis burden estimate and suggestions for reducing this burden should be directed to the Office ofl Privacy, Transparency and Records, Department oft the' Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO1 NOT send the form to this address. An agency may not conduct or sponsor, and aj person is not required to respond to, a collection ofinformation unless it displays a valid control: number assigned by OMB. U.S. DEPARTMENT OF THETREASURY CORONAVIRUS LOCAL FISCALI RECOVERY FUND AWARD TERMS. AND CONDITIONS 1. Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations implementing that section, and guidance issued by Treasury regarding the b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, 2. Period of Performance. Thej period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3. Reporting. Recipient agrees to comply with any reporting obligations established by' Treasury foregoing. management, and completion of such project. 3,2021, and ends on December 31, 2024. as they relate to this award. 4. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603() of the Act, Treasury's regulations implementing that section, and b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later, 5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. $ 200.458, may not be paid with 6. Administrative Costs. Recipient may use funds provided under this award to cover both direct 7. Cost Sharing. Cost sharing or matching funds are not required tol be provided by Recipient. 8. Conflicts of] Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. S 200.318(c) and that such conflict ofi interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to' Treasury or the pass-through entity, as appropriate, any potential conflict ofi interest affecting the awarded funds in accordance with 2 C.F.R. $ 200.112. guidance issued by Treasury regarding the: foregoing. funding from this award. and indirect costs. 2 9. Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) ofthe Act, and guidance issued by' Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide fors such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and. Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F - Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25is iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170is iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension Nonprocurement), 2 C.F.R. Parti 180, including the requirement toi include at term or condition in alll lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and V. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. hereby incorporated by reference, hereby incorporated by reference. reasuyleimplementing regulation at 31 C.F.R. Part 19. reference. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. SS 4601-4655) andi implementing regulations. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of1970 (42U.S.C. ix. Generally applicable federal environmental laws and regulations. Statutes and regulations prohibiting discrimination applicable to this award include, i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. SS 2000d et seq.) and' Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal without limitation, the following: financial assistance; 3 ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. SS 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. S 794), which prohibits discrimination on the basis of disability under any program or activity iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. SS 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. SS 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local religion, national origin, sex, familial status, or disability; receiving federal fnancial assistance; financial assistance; and governments or instrumentalities or agencies thereto. 10. Remedial Actions. In the event of Recipient's noncompliance with section 603 oft the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements,' Treasury may impose additional conditions on the receipt ofa subsequent tranche offuture award: funds, if any, or take other available remedies as set forth in 2 C.F.R. S 200.339. In the case ofa violation of section 603(c) of the Act regarding the use off funds, previous payments shall be subject to recoupment as provided in section 603(e) 11. Hatch Act. Recipient agrees to comply, as applicable, with requirements oft the Hatch Act (5 U.S.C. SS 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity 12. False Statements. Recipient understands that making false statements or claims in connection with this award: is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 13. Publications. Any publications produced with funds from this award must display the following) language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAINI awarded to [name of] Recipient] by the U.S. Department of the Act. financed in whole or in part) by this federal assistance. oft the Treasury." 14. Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt b. Any debts determined to be owed the federal government must be paid promptly by tot the federal government. 4 Recipient.. A debt is delinquenti ifit] has not been paid by the date specified in' Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined inj paragraph 14(a). Treasury will take any actions available toi it to collect such a. Thel United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance oft this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency a. In accordance with 41 U.S.C. $ 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse ofauthority relating to: ai federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation ofa a contract) or grant. b. Thel list of persons and entities referenced in the paragraph above includes the following: ac debt. 15. Disclaimer. relationship between the United States and Recipient. 16. Protections for Whistleblowers. Amember of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government, Accountability Office; iv. ATreasury employee responsible for contract or grant oversight or management; V. An authorized official of the Department of Justice or other law enforcement vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address agency; vi. A court or grand jury; or misconduct. C. Recipient shall inform its employees in writing oft the rights and: remedies provided under 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 621 FR 19217 (Apr. 18, 1997), Recipient should encourage: its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74FR51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. this section, in the predominant native language oft the workforce. rented or personally owned vehicles. 5 OMB Approved No. 1505-0271 Expiration Date: November: 30, 2021 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VIOF THE CIVIL: RIGHTS ACT OF 1964 As a condition ofreceipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the Recipient"): provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient's beneficiaries, the use or rent of] Federal land or property at below market value, Federal training, a loan of] Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions oft the assurances apply to all of the operations of the Recipient's program(s) and activity(ies), sO long as any portion oft the Recipient's program(s) or activity(ies) is federally assisted in the manner prescribed above. 1. Recipient ensures its current and future compliance with Title VI oft the Civil Rights Act of1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground ofrace, color, or national origin (42 U.S.C. $ 2000d et seq.), as implemented by the Department oft the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as. Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency,' , seeks toi improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access toi its programs, services, and activities because ofLEP is a form ofnational origin discrimination prohibited under Title VI ofthe Civil Rights Act of 1964 and the Department oft the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access toi its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department oft the Treasury has published its LEP guidance at 701 FR 6067. Formore information on taking reasonable services, and activities. to steps provide meaningful access for LEP persons, please visit ttp//www.lep.goy. 1 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon. Recipient and Recipient's successors, transferees, 5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub-grantees, contractors, subcontractors, successors, transferees, and and assignees for the period in which such assistance is provided. assignees: The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VIofthe Civil. Rights Act of1964, which prohibits recipients offederal financial assistance from excluding. from aj program or activity, denying benefits of, or otherwise discriminating against a person on the basis ofrace, color, or national origin (42 U.S.C. S 2000d et seq.), as implemented by the Department of the Treasury' 's Title VI regulations, 31 CFR. Part 22, which are. herein incorporated by reference and made aj part oft this contract (or agreement). Title VI also includes protection toj persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. $2000d et seq., as implemented. by the Department of fthe Treasury 's Title VI regulations, 31 CFR. Part 22, and herein incorporated by reference and made aj part ofthis contract or agreement. 6. Recipient understands and agrees that ifany real property or structure is provided ori improved with the aid of federal financial assistance by the Department oft the Treasury, this assurance obligates the Recipient, or in the case ofa subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. Ifany personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department oft the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring ofa any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department oft the Treasury of any complaints of discrimination on the grounds ofrace, color, or national origin, and limited English proficiency covered by Title VI oft the Civil Rights Act of 1964 and implementing regulations and provide, upon request, al list ofall such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department ofthe Treasury ifl Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance ofTitle VI and efforts to address the non-compliance, including any voluntary compliance or other 2 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 agreements between the Recipient and the administrative agency that made the finding. Ifthe Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation oft the settlement. IfR Recipient has not been the subject ofany court or administrative agency finding of discrimination, please SO state. 10.Ifthel Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have inj place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub- recipients. The United States of America has the right to seek judicial enforcement oft the terms oft this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take: in order to address violations of this document or applicable federal law. Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient's obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date Signature of Authorized Official PAPERWORK: REDUCTION, ACTI NOTICE Thei information collected willl be used for the U.S. Government to process requests for support. The estimated burden associated this collection ofi information is 30 minutes per response. Comments concerning the accuracy oft this burden estimate ands for reducing this burden should be directed to the Office ofl Privacy, Transparency: and Records, Department oft the Treasury, suggestions 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DOI NOT: send the form to this address. An agency not conduct or and a person is not required to respond to, a collection ofi information unless it displays a valid control number may assigned by OMB. sponsor, with 3 AS OF MAY: 27,2021 Coronavirus State and Local Fiscal Recovery Funds Frequently Asked Questions AS OF MAY27, 2021 This document contains answers to frequently asked questions regarding the Coronavirus State and Local Fiscal Recovery Funds (CSFRF/CLFRE, orl Fiscal Recovery Funds). Treasury will be updating this document periodically ini response to questions received from stakeholders. Recipients and stakeholders should consult the Interim Final Rule for additional information. For overall information about the program, including information on requesting funding, please see htpsy/home-treasurygoypolicy-isuseoronavinsassistance-for-state-local- For general questions about CSFRF/CLFRE, please email SLFRP@treasurygoy Treasury is seeking comment on all aspects ofthe Interim Final Rule. Stakeholders are encouraged to submit comments electronically through the Federal eRulemaking Portal EmaTSAm-TEASPAANEERNO on or before July 16, 2021. Please be advised that comments received will bej part of the public record and subject to public disclosure. Doi not disclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. Questions added AAIIRAKANAAA 10.3, 10.4 (noted with "[5/27]") nd-tibal-govemments 1. Eligibility and Allocations 1.1. Which governments are eligible for funds? The following governments are eligible: States and the District of Columbia Territories Tribal governments Counties Metropolitan cities Non-entitlement units, or smaller local governments 1.2. Which governments receive funds directly from Treasury? Treasury will distribute funds directly to each eligible state, territory, metropolitan city, county, or Tribal government. Smaller local governments that are classified as: non- entitlement units will receive funds through their applicable state government. 1.3. Are special-purpose units of government eligible to receive funds? AS OF MAY27, ,2021 Special-purpose units ofl local government will: not receive funding allocations; however, astate, territory, local, or Tribal government may transfer funds to a special-purpose unit ofg government. Special-purpose districts perform specific functions in the community, 1.4. How are funds being allocated to Tribal governments, and how will Tribal such as fire, water, sewer or mosquito abatement districts. governments find out their allocation amounts? $201 billion of Fiscal Recovery Funds was reserved for Tribal governments. The American Rescue Plan Act specifies that $1 billion will be allocated evenly to all eligible Tribal governments. The remaining $191 billion will be distributed using an allocation There will be two payments to Tribal governments. Each Tribal government's first payment will include (i) an amount in respect oft the $1 billion allocation that is to be divided equally among eligible Tribal governments and (i) each Tribal government's pro rata share of the Enrollment Allocation. Tribal governments will be notified oft their allocation amount and delivery of payment 4-5 days after completing request for funds in the Treasury Submission Portal. The deadline to make the initial request for funds is In late-May or shortly after completing the initial request for funds, Tribal governments will receive an email notification to: re-enter the Treasury Submission Portal to confirm or amend their 2019 employment numbers that were submitted to the Department ofthe Treasury for the CARES Act's Coronavirus Relief Fund. The deadline to confirm employment numbers is June 21,2021. Treasury will calculate each Tribal government's pro rata share oft the Employment Allocation for those Tribal governments that confirmed or submitted amended employment numbers. In late-June, Treasury will communicate to Tribal governments the amount oft their portion of the Employment Allocation and the 1.5. My county is a unit of general local government with population under 50,000. Will Yes. All counties that are units of general local government will receive funds directly from Treasury and should apply via the online portal. The list ofcounty allocations is 1.6. My local government expected to be classified as a nonentitlement unit. Instead, it The American Rescue Plan Act defines, for purposes oft the Coronavirus Local Fiscal Recovery Fund (CLFRF), metropolitan cities to include those that are currently metropolitan cities under the Community Development Block Grant (CDBG) program but also those cities that relinquish or defer their status as ai metropolitan city for purposes methodology based on enrollment and employment. June 7,2021. anticipated date for the second payment. my county receive funds directly from Treasury? [5/27] available here. was classified as a metropolitan city. Why? [5/27] 2 AS OFMAY27,2021 oft the CDBG program. This would include, by way ofe example, cities that are principal cities oft their metropolitan statistical area, even ift their population is less than 50,000. In other words, a city that is eligible to be a metropolitan city under the CDBG program is eligible as a metropolitan city under the CLFRF, regardless ofhow that city has elected to Unofficial allocation estimates produced by other organizations may have classified certain local governments as nonentitlement units oflocal government. However, based on the statutory definitions, some of these local governments should have been classified participate in the CDBG program. as metropolitan cities. 2. Eligible Uses - Responding to the Public Health Emergency/Negative 2.1. What types ofCOVID-19 response, mitigation, and prevention activities are Economic Impacts eligible? A broad range ofs services are needed to contain COVID-19 and are eligible uses, including vaccination programs; medical care; testing; contact tracing; support for isolation or quarantine; supports for vulnerable populations to access medical or public health services; public health surveillance (e.g., monitoring case trends, genomic sequencing for variants); enforcement of public health orders; public communication efforts; enhancement to health care capacity, including through alternative care facilities; purchases ofpersonal protective equipment; support for prevention, mitigation, or other services in congregate living facilities (e.g., nursing homes, incarceration settings, homeless shelters, group living facilities) and other key settings like schools; ventilation improvements in congregate settings, health care settings, or other key locations; enhancement of public health data systems; and other public health responses. Capital investments in public facilities to meet pandemic operational needs are also eligible, such as physical plant improvements to public hospitals and health clinics or adaptations to 2.2. Ifa use of funds was allowable under the Coronavirus Relief Fund (CRF) to respond to thej public health emergency, may recipients presume it is also allowable Generally, funding uses eligible under CRF as ai response to the direct public health impacts of COVID-19 will continue to be eligible under CSFRF/CLFRF, with the following two exceptions: (1) the standard for eligibility of public health and safety payrolls has been updated; and (2) expenses related to the issuance oftax-anticipation 2.3. Ifa use ofi funds is not explicitly permitted in the Interim Final Rule as a response to the public health emergency and its negative economic impacts, does that mean it is public buildings to implement COVID-19 mitigation tactics. under CSFRF/CLFRF? notes are not an eligible funding use. prohibited? 3 ASOFMAY27,2021 The Interim Final Rule contains a non-exclusive list of programs or services that may be funded as responding to COVID-19 or the negative economic impacts oft the COVID-19 public health emergency, along with considerations for evaluating other potential uses of Fiscal Recovery Funds not explicitly listed. The Interim Final Rule also provides flexibility for recipients to use. Fiscal Recovery Funds for programs or services that are not identified on these non-exclusive lists but which meet the objectives ofs section 602(c)(1)(A) or 603(c)(1)(A) by responding to the COVID-19 public health emergency 2.4. May recipients use: funds to respond to the public health emergency and its negative Consistent with the approach taken int the CRF, recipients may make deposits into the state account oft the Unemployment Trust Fund up to the level needed to: restore the pre- pandemic balances ofs such account as ofJanuary 27,2020, or to pay back advances received for the payment ofbenefits between January 27, 2020 and the date when the 2.5. What types of services are eligible as responses to the negative economic impacts of with respect to COVID-19 or its negative economic impacts. economic impacts by replenishing state unemployment funds? Interim Final Rule is published in the Federal Register. the pandemic? Eligible uses in this category include assistance to households; small businesses and non- Assistance to households includes, but is not limited to: food assistance; rent, mortgage, or utility assistance; counseling and legal aid toj prevent eviction or homelessness; cash assistance; emergency assistance for burials, home repairs, weatherization, or other needs; internet access or digital literacy assistance; orj job training to address negative economic or public health impacts experienced due to a worker's occupation or level of Assistance to small business and non-profits includes, but is not limited to: profits; and aid toi impacted industries. training. loans or grants to mitigate financial hardship such as declines in revenues or impacts of periods of business closure, for example by supporting payroll and benefits costs, costs to retain employees, mortgage, rent, or utilities costs, and Loans, grants, or in-kind assistançe to implement COVID-19 prevention or mitigation tactics, such as physiçal plant changes to enable social distancing, enhanced cleaning efforts, barriers or partitions, or COVID-19 vaccination, Technical assistance, counseling, or other services to assist with business planning other operating costs; testing, or contact tracing programs; and needs economic 2.6. May recipients use funds to respond to the public health emergency and its negative impacts by providing direct cash transfers to households? 4 ASOFMAY27,2021 Yes, provided the recipient considers whether, and the extent to which, the household has experienced ai negative economic impact from the pandemic. Additionally, cash transfers must be reasonably proportional to the negative economic impact they are: intended to address. Cash transfers grossly in excess oft the amount needed to address the negative economic impact identified by the recipient would: not be considered to be a response to the COVID-19 public health emergency or its negative impacts. In particular, when considering appropriate size ofp permissible cash transfers made ini response to the COVID-19 public health emergency, state, local, territorial, and' Tribal governments may consider and take guidance from the per person amounts previously provided by the 2.7. May funds be used to reimburse recipients for costs incurred by state and local governments in responding to the public health emergency and its negative economic impacts prior to passage oft the. American Rescue Plan? Use ofFiscal Recovery Funds is generally forward looking. The Interim Final Rule permits funds to be used to cover costs incurred beginning on March 3, 2021. 2.8. May recipients use: funds for general economic development or workforce federal government in response to the COVID crisis. development? Generally, not. Recipients must demonstrate that funding uses directly address ai negative economic impact ofthe COVID-19 public health emergency, including funds used for economic or workforce development. For example, job training for unemployed workers may be used to address negative economic impacts of the public health emergency and be eligible. industries? 2.9. How can recipients use funds to assist the travel, tourism, and hospitality Aid provided to tourism, travel, andl hospitality industries should respond to the negative economic impacts of the pandemic. For example, ai recipient may provide aid to support safe reopening of businesses in the tourism, travel and hospitality industries and to districts that were closed during the COVID-19 public health emergency, as well as aid a planned expansion or upgrade oft tourism, travel and hospitality facilities delayed due to Tribal development districts are considered the commercial centers for tribal hospitality, 2.10. May recipients use funds to assist impacted industries other than travel, tourism, Yes, provided that recipients consider the extent oft the impact in such industries as compared to tourism, travel, and hospitality, the industries enumerated in the statute. For the pandemic. gaming, tourism and entertainment industries. and hospitality? 5 ASOFMAY27,2021 example, nationwide the leisure and hospitality industry has experienced an approximately 17j percent decline in employment and 24 percent decline ini revenue, on net, due to the COVID-19 public health emergency. Recipients should also consider whether impacts were due to the COVID-19 pandemic, as opposed to longer-term Recipients should: maintain records to support their assessment ofhow businesses or business districts receiving assistance were affected by the negative economic impacts of 2.11. How does the Interim Final Rule help address the disparate impact of COVID-19 on Ini recognition ofthe disproportionate impacts oft the COVID-19 virus on health and economic outcomes in low-income and Native American communities, the Interim Final Rule identifies al broader range of services and programs that are considered to bei in response to the public health emergency when provided in these communities. Specifically, Treasury will presume that certain types ofs services are eligible uses when provided in a Qualified Census Tract (QCT), to families living in QCTS, or when these Recipients may also provide these services to other populations, households, or geographic areas isproportionately impacted by the pandemic. Ini identifying these spopotionac-y-mpacted communities, recipients should be able to support their determination for how the pandemic disproportionately impacted the populations, economic ori industrial trends unrelated to the pandemic. the pandemic and how the aid provided responds to these impacts. certain populations and geographies? services are provided by Tribal governments. households, or geographic areas tol be served. Eligible services include: Addressing health disparities and the social determinants ofh health, including: community health workers, public benefits navigators, remediation ofl lead paint or other lead hazards, and community violence intervention programs; Building stronger neighborhoods and communities, including: supportive housing and other services forindividuals experiencing homelessness, development of affordable housing, andi housing vouchers and assistance relocating to neighborhoods with higher levels of economic opportunity; Addressing educational disparities exacerbated by COVID-19, including: early learning services, increasing resources for high-poverty school districts, educational services like tutoring or afterschool programs, and supports for students' social, emotional, and mental health needs; and Promoting healthy childhood environments, including: child care, home visiting programs for families with young children, and enhanced services for child welfare-involved families and foster youth. 6 ASOFMAY27,2021 2.12. May recipients use funds to pay for vaccinei incentive programs (e.g., cash or in-kind transfers, lottery programs, or other incentives for individuals who get vaccinated)? Yes. Under the Interim Final Rule, recipients may use Coronavirus State and Local Fiscal Recovery Funds to respond to the COVID-19 public health emergency, including expenses related to COVID-19 vaccination programs. See forthcoming 31 CFR 35.6(b)(1)(). Programs that provide incentives reasonably expected to increase the number of people who choose to get vaccinated, or that motivate people to get vaccinated sooner than they otherwise would have, are an allowable use of funds sO long as such costs are: reasonably proportional to the expected public health benefit. 2.13. May recipients use funds to pay "back to work incentives" (e.g., cash payments for newly employed workers after a certain period of time on the job)? [5/27] Yes. Under the Interim Final Rule, recipients may use Coronavirus State and Local Fiscal Recovery Funds toj provide assistance to unemployed workers. See forthcoming 31 CFR3 35.6(b)(4). This assistance can include job training or other efforts to accelerate rehiring and thus reduce unemployment, such as childcare assistance, assistance with transportation to and from a jobsite or interview, and incentives for newly employed 2.14. The Coronavirus Relief Fund (CRF) included as an eligible use: "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." What has changed in CSFRF/CLFRE, and what type of documentation is required under CSFRF/CLFRF? [5/27] Many oft the expenses authorized under the Coronavirus ReliefFund are also eligible uses under the CSFRF/CLFRE. However, in the case of payroll expenses for public safety, public health, health care, human services, and similar employees (hereafter, public health and safety staff), the CSFRF/CLFRF does differ from the CRF. This change reflects the differences between the ARPA and CARES Act and recognizes that the response to the COVID-19 public health emergency has changed and will continue to change over time. Inj particular, funds may be used for payroll and covered benefits expenses for public safety, public health, health care, human services, and similar employees, including first responders, to the extent that the employee's time that is dedicated to responding to the COVID-19 public health emergency. For administrative convenience, the recipient may consider a public health and safety employee to be entirely devoted to: mitigating or responding to the COVID-19 public health emergency, and therefore fully covered, ift the employee, or his orl her operating unit or division, is primarily dedicated (e.g., more than halfoft the employee's time is dedicated) to responding to the COVID-19 public health emergency. workers. 7 ASOFMAY27,2021 Recipients may use presumptions for assessing whether an employee, division, or operating unit is primarily dedicated to COVID-19 response. The recipient should maintain records to support its assessment, such as payroll records, attestations from supervisors or staff, or regular work product or correspondence demonstrating work on the COVID-19: response. Recipients need not routinely track staff hours. Recipients 2.15. What staff are included in "public safety, public health, health care, human services, and similar employees"? Would this include, for example, 911 operators, As discussed in the Interim Final Rule, funds may be used for payroll and covered benefits expenses for public safety, public health, health care, human services, and similar employees, for thej portion oft the employee's time that is dedicated to responding Public safety employees would: include police officers (including state police officers), sheriffs and deputy sheriffs, firefighters, emergency medical responders, correctional and detention officers, and those who directly support such employees such as dispatchers and supervisory personnel. Public health employees would include employees involved inj providing medical and other health services to patients and supervisory personnel, including medical staff assigned to schools, prisons, and other such institutions, and other support services essential for patient care (e.g., laboratory technicians, medical examiner or morgue staff) as well as employees of! public health departments directly engaged in matters related to public health and related supervisory personnel. Human services staff include employees providing or administering social services; public benefits; child welfare services; and child, elder, or family care, as well as others. should periodically reassess their determinations. morgue staff, medical examiner staff, or EMS staff? [5/27] tot the COVID-19 public health emergency. 3. Eligible Uses - Revenue Loss 3.1. How is revenue defined for the purpose of this provision? The Interim Final Rule adopts a definition of"General Revenue" that is based on, but not identical, to the Census Bureau's concept of"General Revenue from Own Sources" in the General Revenue includes revenue from taxes, current charges, and miscellaneous general revenue. Ite excludes refunds and other correcting transactions, proceeds from issuance of debt or the sale ofinvestments, agency or private trust transactions, and revenue generated by utilities and insurance trusts. General revenue also includes intergovernmental transfers between state and local governments, but excludes intergovernmental transfers from the Federal government, including Federal transfers made via a state to al locality pursuant to the CRF or thel Fiscal Recovery Funds. Annual Survey of State and Local Government Finances. 8 AS OFMAY27,2021 Tribal governments may include all revenue from Tribal enterprises and gaming 3.2. Will revenue be calculated on an entity-wide basis or on a source-by-source basis operations in the definition of General Revenue. (e.g-p property tax, income tax, sales tax, etc.)? Recipients should calculate revenue on an entity-wide basis. This approach minimizes the administrative burden for recipients, provides for greater consistency across recipients, and presents ai more accurate representation oft the net impact oft the COVID- 19 public health emergency on a recipient's revenue, rather than relying on financial reporting prepared by each: recipient, which vary in methodology used and which generally aggregates revenue by purpose rather than by source. 3.3. Does the definition of revenue include outside concessions that contract with a state Recipients should classify revenue sources as they would ifresponding to the U.S. Census Bureau's. Annual Survey of State and Local Government Finances. According to the Census Bureau's Government Finance and Employment Classification manual, the following is an example of current charges that would be included in a state or local government's general revenue from own sources: "Gross revenue off facilities operated by ag government (swimming pools, recreational marinas and piers, golf courses, skating rinks, museums, ZOOS, etc.); auxiliary facilities inj public recreation areas (camping areas, refreshment stands, gift shops, etc.); lease or use fees from stadiums, auditoriums, and community and convention centers; and rentals from concessions at such facilities." 3.4. What is the time period for estimating revenue loss? Will revenue! losses experienced orlocal government? prior to the passage oft the Act be considered? Recipients are permitted to calculate the extent of reduction in revenue. as of four points int time: December 31, 2020; December 31, 2021; December 31, 2022; and December 31, 2023.This approach recognizes that some recipients may experience! lagged effects ofthe Upon receiving Fiscal Recovery Fund payments, recipients may immediately calculate pandemic on: revenues. revenue loss for the period ending December 31, 2020. 3.5. What is the formula for calculating the reduction in revenue? A reduction in a recipient's General Revenue equals: Max [Base Year Revenue* (1+Growth Adjustment)) - Actual General Revenue: ; 0) Where: 9 ASOFMAY27,2021 Base Year. Revenue is General Revenue collected in the most recent full fiscal year prior Growth. Adjustment is equal to the greater of4.1 percent (or 0.041) and the recipient's average annual revenue growth over the three full fiscal years prior to the COVID-19 n equals the number of months elapsed from the end of the base year to the calculation Actual General. Revenue is ai recipient's actual general revenue collected during 12-month to the COVD-19 public health emergency. public health emergency. date. period ending on each calculation date. Subscript t denotes the calculation date. COVID-19 public health emergency? 3.6. Are recipients expected to demonstrate that reduction in revenue is due to the In thel Interim Final Rule, any diminution in actual revenue calculated using the formula above would be presumed tol have been "due to" the COVID-19 public health emergency. This presumption is made for administrative ease and in recognition ofti the broad-based 3.7. May recipients use pre-pandemic projections as a basis to estimate the reduction in No. Treasury is disallowing the use of projections to ensure consistency and comparability across recipients and to streamline verification. However, in estimating the revenue shortfall using the formula above, recipients may incorporate their average annual revenue growth rate in the three full fiscal years prior to the public health economic damage that the pandemic has wrought. revenue? emergency. 3.8. Once a recipient has identified a reduction in revenue, are there any restrictions on The Interim Final Rule gives recipients broad latitude to use funds for the provision of government services to the extent ofreduction ini revenue. Government services can include, but are: not limited to, maintenance ofi infrastructure or pay-go spending for building new: infrastructure, including roads; modernization ofc cybersecurity, including hardware, software, and protection of critical infrastructure; health services; environmental remediation; school or educational services; and the provision of police, However, paying interest or principal on outstanding debt, replenishing rainy day or other reserve funds, or paying settlements or judgments would: not be considered provision ofa government service, since these uses of funds do not entail direct provision of services to how recipients use: funds up to the amount of the reduction? fire, and other public safety services. 10 AS OF MAY 27, 2021 citizens. This restriction on paying interest or principal on any outstanding debt instrument, includes, for example, short-term revenue or tax anticipation notes, or paying fees ori issuance costs associated with the issuance ofnew debt. In addition, the overarching restrictions on all program funds (e.g., restriction on pension deposits, restriction on using funds for non-federal match where barred by regulation or statute) 3.9. How do Iknow ifa a certain type of revenue should be counted for the purpose of As discussed in FAQ# #3.1, the Interim Final Rule adopts a definition of"General Revenue" that is based on, but not identical, to the Census Bureau's concept of" "General Revenue from Own Sources" in the. Annual Survey of State and Local Government Recipients should refer to the definition of"General Revenue" included ini the Interim Final Rule. See forthcoming 31 CFR: 35.3. Ifa recipient is unsure whether a particular revenue source is included in the Interim Final Rule's definition of "General Revenue," the recipient may consider the classification and instructions used to complete the Census For example, parking fees would be classified as a Current Charge for the purpose oft the Census Bureau's Annual Survey, and the Interim Final Rule's concept of"General Revenue" includes all Current Charges. Therefore, parking fees would be included in the The Census Bureau's Government Finance and Employment Classification manual is would apply. computing revenuel loss? [5/27] Finances. Bureau's Annual Survey. Interim Final Rule's concept of"General Revenue." available here. 4. Eligible Uses - General 4.1. May recipients use funds to replenish a budget stabilization fund, rainy day fund, or No. Funds made available to respond to the public health emergency and its negative economic impacts are intended to help meet pandemic response needs and provide immediate stabilization for households and' businesses. Contributions to rainy day funds and similar reserves funds would not address these needs or respond to the COVID-19 public health emergency, but would rather be savings for future spending needs. Similarly, funds made available for the provision of governmental services (to the extent ofreduction in revenue) are intended to support direct provision ofs services to citizens. Contributions to rainy day funds are not considered provision of government services, since such expenses do not directly relate to the provision of government services. similar reserve account? 11 ASOFMAY27,2021 4.2. May recipients use funds toi invest ini infrastructure other than water, sewer, and Under 602(c)(1)(C) or 603(c)(1)(C), recipients may use funds for maintenance of infrastructure or pay-go spending for building ofi new infrastructure as part oft the general provision of government services, to the extent oft the estimated reduction ini revenue due Under 602(c)(1)(A) or 603(c)(1)(A), a general infrastructure project typically would not be considered a response to the public health emergency and its negative economic impacts unless the project responds to a specific pandemic-related public health need (e.g, investments in facilities for the delivery of vaccines) or a specific negative economic impact oft the pandemic (.g., affordable housing in a Qualified Census Tract). 4.3. May recipients use funds to pay interest or principal on outstanding debt? broadband projects (e.g. roads, public facilities)? tot the public health emergency. No. Expenses related to financing, including servicing or redeeming notes, would not address the needs of pandemic response or its negative economic impacts. Such expenses would also not be considered provision of government services, as these financing This applies to paying interest or principal on any outstanding debt instrument, including, for example, short-term revenue or tax anticipation notes, or paying fees or issuance costs 4.4. May recipients use funds to satisfy nonfederal matching requirements under the Stafford Act? May recipients use funds to satisfy nonfederal matching requirements Fiscal Recovery Funds are subject toj pre-existing limitations in other federal statutes and regulations and may not be used as non-federal match for other Federal programs whose statute or regulations bar the use of Federal funds to meet matching requirements. For example, expenses for the state share of Medicaid are not an eligible use. For information expenses do not directly provide services or aid to citizens. associated with the issuance ofnew debt. generally? on FEMA programs, please see here. 4.5. Are governments required to submit proposed expenditures to Treasury for approval? [5/27] No. Recipients are not: required to submit planned expenditures for prior approval by Treasury. Recipients are subject to the requirements and guidelines for eligible uses contained ini the Interim Final Rule. 4.6. How do II know if a specific use is eligible? [5/27] Fiscal Recovery Funds must be used in one oft the four eligible use categories specified in the American Rescue Plan Act and implemented in the Interim Final Rule: 12 ASOFMAY27,2021 a) Tor respond to thej public health emergency or its negative economic impacts, including assistance tol households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; b) Tor respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers; For the provision of government services to the extent of the reduction ini revenue due to the COVID-19 public health emergency relative to revenues collected in d) To make necessary investments in water, sewer, or broadband infrastructure. Recipients should consult Section II oft the Interim Final Rule for additional information on eligible uses. For recipients evaluating potential uses under (a), the Interim Final Rule contains a non-exclusive list ofprograms or services that may be funded as responding to COVID-19 or the negative economiç impacts oft the COVID-19 public health emergency, along with considerations for evaluating other potential uses ofl Fiscal Recovery Funds Fori recipients evaluating potential uses under (c), the Interim Final Rule gives recipients broad latitude to use: funds for the provision of government services to the extent of For recipients evaluating potential uses under (b) and (d), see Sections 5 and 6. the most recent full fiscal year prior to the emergency; and not explicitly listed. See Section 2 for additional discussion. reduction in revenue. See FAQ#3.8 for additional discussion. 5. Eligible Uses - Premium Pay 5.1. What criteria should recipients use in identifying essential workers to receive premium pay? Essential workers are those in critical infrastructure sectors who regularly perform in- person work, interact with others at work, or physically handle items handled by others. Critical infrastructure sectors include healthcare, education and childcare, transportation, sanitation, grocery and food production, and public health and safety, among others, as provided in the Interim Final Rule. Governments receiving Fiscal Recovery Funds have the discretion to add additional sectors to this list, sol long as the sectors are considered The Interim Final Rule emphasizes the need for recipients to prioritize premium pay for lower income workers. Premium pay that would increase a worker's total pay above 150% oft the greater oft the state or county average annual wage requires specific justification for how it responds to the needs oft these workers. critical toj protect the health and well-being ofr residents. 13 ASOFMAY27,2021 5.2. What criteria should recipients use in identifying third-party employers to receive grants for the purpose of providing premium pay to essential workers? Any third-party employers of essential workers are eligible. Third-party contractors who employ essential workers in eligible sectors are also eligible for grants toj provide premium pay. Selection oft third-party employers and contractors who receive grants is at To ensure any grants respond to the needs of essential workers and are made in ai fair and transparent manner, the rule imposes some additional reporting requirements for grants to third-party employers, including the public disclosure of grants provided. 5.3. May recipients provide premium pay retroactively for work already performed? Yes. Treasury encourages recipients to consider providing premium pay retroactively for work performed during the pandemic, recognizing that many essential workers have not yet received additional compensation for their service during the pandemic. 6. Eligible Uses - Water, Sewer, and Broadband Infrastructure 6.1. What types of water and sewer projects are eligible uses of funds? the discretion of recipients. The Interim Final Rule generally aligns eligible uses of the Funds with the wide range of types or categories ofp projects that would be eligible to: receive financial assistance through the Environmental Protection Agency's Clean Water State Revolving Fund Under the DWSRF, categories of eligible projects include: treatment, transmission and distribution (including lead service line replacement), source rehabilitation and decontamination, storage, consolidation, and new systems development. Under the CWSRF, categories of eligible projects include: construction of publicly- owned treatment works, nonpoint source pollution management, national estuary program projects, decentralized wastewater treatment systems, stormwater systems, water conservation, efficiency, and reuse measures, watershed pilot projects, energy efficiency measures for publicly-owned treatment works, water reuse projects, security measures at publicly-owned treatment works, and technical assistance to ensure compliance with the As mentioned in the Interim Final Rule, eligible projects under the DWSRF and CWSRF support efforts to address climate change, as well as to: meet cybersecurity needs to protect water and sewer infrastructure. Given the lifelong impacts ofl lead exposure for children, and the widespread nature ofl lead service lines, Treasury also encourages (CWSRF) orl Drinking Water State Revolving Fund (DWSRF). Clean Water Act. recipients to consider projects to replace lead service lines. 14 ASOFMAY27,2021 6.2. May construction on eligible water, sewer, or broadband infrastructure projects continue past December 31, 2024, assuming funds have been obligated prior to that Yes. Treasury is interpreting the requirement that costs be incurred by December 31, 2024 to only require that recipients have obligated the funds by such date. The period of performance will run until December 31, 2026, which will provide recipients a reasonable amount oft time to complete projects funded with Fiscal Recovery Funds. 6.3. May recipients use funds as a non-federal match for the Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF)? Recipients may not use funds as a state match for the CWSRF and DWSRF due to prohibitions in utilizing federal funds as a state match in the authorizing statutes and 6.4. Does the National Environmental Policy Act (NEPA) apply to eligible infrastructure date? regulations of the CWSRF and DWSRF. projects? NEPA does not apply to Treasury's administration oft the Funds. Projects supported with payments from the Funds may still be subject to NEPA review if they are also funded by other federal financial assistance programs. 6.5. What types ofl broadband projects are eligible? The Interim Final Rule requires eligible projects to reliably deliver minimum speeds of 100 Mbps download and 100 Mbps upload. In cases where it is impracticable due to geography, topography, or financial cost to: meet those standards, projects must reliably deliver at least 100 Mbps download speed, at least 201 Mbps upload speed, and be scalable to a minimum of1001 Mbps download speed and 100 Mbps upload speed. Projects must also be designed to serve unserved or underserved households and businesses, defined as those that are not currently served by a wireline connection that reliably delivers at least 25 Mbps download speed and 3 Mbps of upload speed. 6.6. For broadband investments, may recipients use funds for related programs such as Yes. Recipients may use: funds to provide assistance to households facing negative economic impacts due to Covid-19, including digital literacy training and other programs that promote access to the Internet. Recipients may also use funds for modernization of cybersecurity, including hardware, software, and protection of critical infrastructure, as part of provision of government services up to the amount ofrevenue lost due to the cybersecurity or digital literacy training? public health emergency. 15 AS OFMAY27,2021 7. Non-Entitlement Units (NEUS) 7.1. Can states impose requirements or conditions on the transfer of funds to NEUS? As the statute: requires states to make distributions based on population, states may not place additional conditions or requirements on distributions tol NEUS, beyond those required by the. ARPA and Treasury's implementing regulations and guidance. For example, states may not impose stricter limitations than permitted by statute or Treasury regulations or guidance on an NEU's use of Fiscal Recovery Funds based on the NEU's proposed spending plan or other policies, nor permitted to offset any debt owed by the NEU against its payment. Further, states may not provide funding on a reimbursement basis (e.g., requiring NEUS toj pay forj project costs up front before being reimbursed with Fiscal Recovery Fund payments), because this approach would: not comport with the statutory requirement that states make distributions tol NEUS within the 7.2. Can states transfer additional funds to local governments beyond amount allocated statutory timeframe. to. NEUS? Yes. The Interim Final Rule permits states, territories, and Tribal governments to transfer Fiscal Recovery Funds to other constituent units of government or private entities beyond those specified in the statute, as long as the transferee abides by the transferor's eligible use and other requirements. Similarly, local governments are authorized to transfer Fiscal Recovery Funds to other constituent units of government (e.g., a county is able to transfer Fiscal Recovery Funds to a city, town or school district within it). 7.3. What is the definition of "budget" for thej purpose oft the 75 percent cap on NEU payments, and who is responsible for enforcing this cap? States are responsible for enforcing the 75 percent cap" on NEU payments, which is a statutory requirement that distributions to NEUS not exceed 75 percent oft the NEU's most recent budget. Treasury interprets the most recent budget as the NEU's most recent annual total operating budget, including its general fund and other funds, as of January 27,2020. States may rely for this determination on a certified top-line budget total from the NEU. Funding amounts in excess of such cap: must be returned to Treasury. 7.4. May states use funds toj pay for the administrative costs of allocating and distributing money to the NEUS? Yes. Ifnecessary, states may use Fiscal Recovery Funds to support the administrative costs ofallocating and distributing money tol NEUS, as disbursing these funds itselfisa response to the public health emergency and its negative economic impacts. 16 AS OFMAY27,2021 8. Ineligible Uses 8.1. What is meant by a pension "deposit"? Can governments use funds for routine pension contributions for employees whose payroll and covered benefits are eligible Treasury interprets "deposit" in this context to: refer to an extraordinary payment into a pension fund for thej purpose of reducing an accrued, unfunded liability. More specifically, the interim final rule does not permit this assistance to be used to makea payment into aj pension fund ifboth: (1) the payment reduces al liability incurred prior to the start ofthe COVID-19 public health emergency, and (2) the payment occurs outside Under this interpretation, a "deposit" is distinct from a "payroll contribution," which occurs when employers make payments into pension funds on regular intervals, with contribution amounts based on aj pre-determined percentage of employees' wages and salaries. In general, if an employee's wages and salaries are an eligible use of] Fiscal Recovery Funds, recipients may treat the employee's covered benefits as an eligible use expenses? the recipient's regular timing for making such payments. ofFiscal Recovery Funds. 9. Reporting 9.1. What records must be kept by governments receiving funds? Financial records and supporting documents related to the award must be retained fora period ofi five years after all funds have been expended or returned to Treasury, whichever is later. This includes those which demonstrate the award funds were used for eligible purposes in accordance with the. ARPA, Treasury's regulations implementing those sections, and Treasury's guidance on eligible uses of funds. 9.2. What reporting will be required, and when will the first report be due? Recipients will be required to submit an interim report, quarterly project and expenditure reports, and annual recovery plan performance reports as specified below, regarding their utilization of Coronavirus State and Local Fiscal Recovery Funds. Interim reports: States (defined to include the District of Columbia), territories, metropolitan cities, counties, and Tribal governments will be required to submit one interim report. The interim report will include ai recipient's expenditures by category at the summary level and for states, information related to distributions to nonentitlement units oflocal government: must also be included in the interim report. The interim report will cover activity from the date ofaward to. July 31, 2021 and must be submitted to Treasury by August 31, 2021.Nonentitlement units oflocal government are not required to submit an interim report. 17 ASOFMAY27,2021 Quarterly Project and) Expenditure reports: State (defined toi include the District of Columbia), territorial, metropolitan city, county, and Tribal governments will bei required tos submit quarterly project and expenditure reports. This report will include financial data, information on contracts and subawards over $50,000, types ofj projects funded, and other information regarding ai recipient's utilization ofa award funds. Reports will be required quarterly with the exception of nonentitlement units, which will report annually. An interim report is due on August 31, 2021. The reports will include the same general data as those submitted by recipients oft the Coronavirus ReliefFund, with some modifications to expenditure categories and the addition of data elements related to specific eligible uses. The initial quarterly Project and Expenditure report will cover two calendar quarters from the date of award to September 30, 2021 and must be submitted to Treasury by October 31, 2021. The subsequent quarterly reports will cover one calendar quarter and must be submitted to Treasury within 30 days after the end of each calendar Nonentitlement units of local government will be required to submit the project and expenditure report annually. The initial annual Project and Expenditure report for nonentitlement units of local government will cover activity from the date ofaward to September. 30, 2021 and must be submitted to Treasury by October 31, 2021. The subsequent annual reports must be submitted to Treasury by October 31. each year. Recovery Plan Performance reports: States (defined toi include the District ofColumbia), territories, metropolitan cities, and counties with aj population that exceeds 250,000 residents will also be required to submit an annual recovery plan performance report to Treasury. This report will include descriptions of the projects funded and information on the performance indicators and objectives of each award, helping local residents understand how their governments are using the substantial resources provided by Coronavirus State and Local Fiscal Recovery Funds program. The initial recovery plan performance report will cover activity from date of award to July 31,2021 and must be submitted to Treasury by August 31, 2021. Thereafter, the recovery plan performance reports will cover a 12-month period and recipients will be required to submit the report to Treasury within 30 days after the end oft the 12-month period. The second Recovery Plan Performance report will cover the period from July 1, 2021 to. June 30, 2022 and must be submitted to Treasury by July 31, 2022. Each annual recovery: plan performance report must be posted on the public-facing website oft the recipient. Local governments with fewer than 250,000 residents, Tribal governments, and nonentitlement units oflocal government are not required to develop a. Recovery Plan Performance report. Treasury will provide further guidance and instructions on the reporting requirements for 9.3. What provisions of the Uniform Guidance for grants apply to these funds? Will the quarter. program at al later date. Single Audit requirements apply? Most ofthe provisions oft the Uniform Guidance (2 CFR Part 200) apply to this program, including the Cost Principles and Single Audit. Act requirements. Recipients should refer 18 AS OFI MAY2 27,2021 to the Assistance Listing for detail on the specific provisions oft the Uniform Guidance that do not apply to this program. The. Assistance Listing will be available on beta.SAM.gov. 10. Miscellaneous 10.1. May governments retain assets purchased with Fiscal Recovery Funds? Ifso, what rules apply to the proceeds of disposition or sale of such assets? Yes, ifthe purchase oft the asset was consistent with the limitations on the eligible use of funds. Ifsuch assets are disposed of prior to December 31, 2024, the proceeds would be subject to the restrictions on the eligible use of payments. 10.2. Can recipients use: funds for administrative purposes? Recipients may use funds to cover the portion of payroll and benefits of employees corresponding to time spent on administrative work necessary due to the COVID-19 public health emergency and its negative economic impacts. This includes, but is not limited to, costs related to disbursing payments of Fiscal Recovery Funds and managing 10.3. Are recipients required to remit interest earned on CSFRF/CLFRF payments made No. CSFRF/CLFRF payments made by Treasury to states, territories, and the District of Columbia are: not subject to the requirement ofthe Cash Management Improvement Act and Treasury's implementing regulations at 31 CFR part 205 to remit interest to Treasury. CSFRF/CLFRF payments made by Treasury to local governments and Tribes are. not subject to the requirement of2 CFR 200.305(6)(8)-(9) to maintain balances in an new grant programs established using Fiscal Recovery Funds. by Treasury? [5/27] interest-bearing account and remit payments to Treasury. 10.4. Is there a deadline to apply for funds? [5/27] The Interim Final Rule requires that costs bei incurred by December 31, 2024. Eligible recipients are encouraged to apply as soon as possible. For recipients other than Tribal Tribal governments do have deadlines to complete the application process and should visit www.treasury.gov/SLFRPTribal for guidance on applicable deadlines. governments, there is not a specific application deadline. 19 3:41 PM 07/02/21 City of Cumby Unpaid Bills Detail As of. July 2, 2021 Type Alliance Document Shredding, Inc. Bill Total Alliance Document Shredding, Inc. Ana Lab Corporation Bill Total Ana Lab Corporation Bill TotalA AT&TI Mobility Credit Bill Total Atmos Energy Bill Total Bankers Products & Printing Commerce Fix & Feed Bill Bill Bill Bill Total Commerce Fix & Feed Constellation Energy Bill Bill Bill Bill Bill Bill Total Constellation Energy DPC'industries Bill Bill Total DPC Industries Farmers Electric Cooperative Bill Total Farmers Electric Cooperative Griffin Communications & Security Bill Total Griffin Communications & Security Hall Oil Company Bill Total Hall Oil Company Bill Bill Date Num Due Date Aging Open Balance 3K1ng 13iz1 06/23/2021 51001 07/03/2021 06/30/2021 A0521... 07/10/2021 06/06/2021 X0614... 07/01/2021 05/11/2021 30326... 06/10/2021 5/8/20... 06/20/2021 06/09/2021 210203 06/09/2021 06/14/2021 2106-... 06/24/2021 06/16/2021 2106-... 06/26/2021 06/18/2021 2106-... 06/28/2021 06/21/2021 2106-.. 07/01/2021 10/06/2020 18421... 10/06/2020 11/06/2020 18632... 11/06/2020 12/06/2020 18850... 12/06/2020 01/13/2021 19055... 01/13/2021 04/01/2021 Stmt 04/22/2021 06/06/2021 20274... 07/06/2021 06/15/2021 79700... 07/15/2021 06/15/2021 79700... 07/15/2021 06/23/2021 5/18/2... 07/03/2021 07/01/2021 201722 07/15/2021 06/16/2021 4762 06/16/2021 55.00 155.00 90.00 90.00 375.18 375.18 -386.38 68.24 -318.14 278.00 278.00 125.92 15.77 39.98 343.67 525.34 3,790.78 3,345.45 3,631.52 3,243.53 96,075.11 3,426.49 113,512.88 158.15 474.44 632.597 27.05 27.05, 170.00 170.00 796.50 796.50 1,585.40 1,585.40 35.00 2780 B21 AT&T Mobility K87B11 713/21 Atmos Energy 1 12 23 8 6 4 1 269 238 208 170 71 1K872 7/3/21 Bankers Products & Printing K27820 75121 CIR6 7121 K120 7/3i21 K21813 7/3/21 16 74 22 K27914 13/21 Internal Revenue Service Tax Deposit 04/09/2021 04/19/2021 Total Internal Revenue Service Tax Deposit KA7B15 7/3/21 J&M1 Tire Shop 06/10/2021 5087-7 06/10/2021 Page1 3:41 PM 07/02/21 City of Cumby Unpaid Bills Detail As ofJuly 2, 2021 Type TotalJ& M Tire Shop Bill Total. J.J.'s Quick Lube Jenkins Farms Bill Total, Jenkins Farms Johnson! Electric Motor, Inc. Bill Total. Johnson Electric Motor, Inc. Matheson-Tri.-Gas, Inc. Bill Totall Matheson Tri-Gas, Inc. Northeast Texas Disposal Bill Bill Bill Bill Bill Bill Total Northeast Texas Disposal O'Reilly Auto Parts Credit Total O'Reilly Auto Parts Purchase Power Bill Total Purchase Power Quill Corporation Bill Total Quill Corporation Republic Services Bill Bill Bill Bill Bill Bill Total Republic Services RG3Meter Company Bill Total RG31 Meter Company Smith & Smith Bill Total Smith & Smith Texas Tank Services! Bill Bill Bill Bill Date Num Due Date Aging Open Balance 35.00 67.00 67.00 800.00 800.00 1,473.93 1,473.93 51.30 51.30 3,060.00 2,470.00 420.00 3,415.00 4,020.00 2,900.00 16,285.00 -18.00 -18.00 50.00 50.00 37.98 37.98 4,593.44 4,442.52 4,442.54 4,442.54 4,442.54 4,442.54 26,806.12 242.99 242.99! - 2,550.00 2,550.00 3,665.00 3,665.00 3,665.00 2,832.17 lxa1Bil 113121 J.J.'s Quick Lube 06/10/2021 46575 06/20/2021 06/11/2021 200632 06/21/2021 06/15/2021 SI2771 06/25/2021 06/30/2021 00237... 07/30/2021 11/27/2018 18800 12/27/2018 12/04/2018 18641 01/03/2019 12/05/2018 17233 01/04/2019 12/11/2018 18801 01/10/2019 12/21/2018 18804 01/20/2019 01/02/2019 21086 02/01/2019 11/05/2020 0372-... 06/16/2021 12 11 7 K187 713i21 KI 498 113121 K1199 713/21 918 911 910 904 894 882 K21817 7/3/21 K7818 7/3/21 07/13/2021 06/04/2021 17200... 07/04/2021 08/10/2020 0795-... 08/20/2020 09/26/2020 0795-... 10/06/2020 10/28/2020 0795-... 11/07/2020 11/26/2020 0795-.. 12/06/2020 12/26/2020 0795-... 01/05/2021 01/26/2021 00046... 02/15/2021 06/18/2021 40499 06/18/2021 06/18/2021 6/18/21 07/18/2021 08/10/2020 2411 08/20/2020 09/28/2020 2466 10/08/2020 11/19/2020 2522 11/29/2020 01/05/2021 2577 01/15/2021 316 269 237 208 178 137 14 A 120D 113121 Ka8i4 7iz1 K1201 713121 316 267 215 168 Page 2 3:41 PM 07/02/21 City of Cumby Unpaid Bills Detail As of. July 2, 2021 Type Bill Bill Total Texas Tank Services The CTBrannon Corporation Bill Pmt -Check Total The CTBrannon Corporation Timko Construction & Electric Bill Total Timko Construction & Electric Underground Utility Supply Bill Bill Bill Bill TOTAL Date 02/05/2021 Num Due Date Aging Open Balance 02/15/2021 137 14 2,832.17 2,832.17 19,491.51 -1,187.50 -1,187.50 2,375.00 2,375.00 * 303.82 303.82 420.50 97.16 1,125.30 187,915.43 06/03/2021 2714 06/18/2021 04/27/2021 1005 K (20z 113121 27821 713l21 06/16/2021 WATE... 06/26/2021 06/14/2021 234080 07/14/2021 06/22/2021 234325 07/22/2021 06/22/2021 234469 07/22/2021 06/22/2021 234490 07/22/2021 6 Total Underground Utility Supply Page 3