Loading...
HomeMy WebLinkAbout06-08-20 TC Agenda Packet TOWN OF WESTLAKE TOWN BOARD MEETING AGENDA 1500 SOLANA BLVD, BUILDING 7, SUITE 7100, WESTLAKE, TX 76262 June 8, 2020 VIA VIRTUAL MEETING r x E r o w N o ► WESTLAKE IMMEDIATELY FOLLOWING THE BOARD OF TRUSTEES MEETING In accordance with Order of the Office of the Governor issued March 16, 2020 and March 19, 2020, the Town Board of the Town of Westlake will conduct this virtual meeting at 5:00 p.m. on Monday, June 8, 2020 by telephone conference in order to advance the public health goal of limiting face-to- face meetings (also called "social distancing") to slow the spread of the Coronavirus (COVID-19). There will be no public access to the physical location described above. A recording of the telephonic meeting will be made and will be available to the public in accordance with the Open Meetings Act. Instructions for public participation in the meeting by video conference and telephonic conference are as follows: By Video: https://bit.ly/westlaketowncouncil2 Password: 195202 Bv Telephone• US: +1 346 248 7799 or 888 788 0099 (Toll Free) Webinar ID: 975 2739 8680 Password: 195202 �ision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive deve%pment, trails, and qua/ity of life amenities amidst an ever expanding urban/andscape. Reqular Session 1. CALL TO ORDER 2. CITIZENS COMMENTS: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. For those joining by videoconference: Any person desiring to make a public comment using a Windows computer must first press the "Raise Hand" button on the screen. Alternatively, the AIt+Y keyboard shortcut may be used to raise or lower their hand. Any person desiring to make a public comment using a Mac computer must first press the"Raise Hand" button on the screen. Alternatively, the Option+Y keyboard shortcut may be used to raise or lower their hand. For those joining by teleconference: Any person desiring to make a public comment must first press star-nine (*9) on their telephone keypad to "Raise their hand" to speak. Persons joining the meeting by teleconference my mute and unmute their phones by pressing star-6 (*6). Citizens will be placed in a queue based on the order the hands were raised. The presiding officer will recognize callers based on the order of the queue, where they will be asked to state their name and address. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. The Board will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 3. CONSENT AGENDA: All items listed below are considered routine by the Board of Trustees and will be enacted with one motion. There will be no separate discussion of items unless a Board Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of Resolution 20-17, verifying the completion of four (4) cybersecurity training programs for all Town of Westlake employees and elected officials, as required by HB 3834 for all local government employees and elected officials through a certified training program. b. Consider approval of a Resolution 20-18, authorizing the Town Manager to enter into an interlocal agreement with Tarrant County to obtain funding under the CARES ACT in response to the COVID-19 pandemic. 4. DISCUSSION ITEMS a. Discussion regarding staff actions and associated items related to COVID-19. 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters —to deliberate the appointment, employment, evaluation, reassignment, duties, of a public ofFicer or employee: - Town Manager evaluation b. Section 551.071(2) Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 8. FUTURE AGENDA ITEMS: Any Board member may request at a workshop and / or Board meeting, under "Future Agenda Item Requests", an agenda item for a future Board meeting. The Board Member making the request will contact the Superintendent with the requested item and the Superintendent will list it on the agenda. At the meeting, the requesting Board Member will explain the item, the need for Board discussion of the item, the item's relationship to the Board's strategic priorities, and the amount of estimated staff time necessary to prepare for Board discussion. If the requesting Board Member receives a second, the Superintendent will place the item on the Board agenda calendar allowing for adequate time for staff preparation on the agenda item. 9. BOARD RECAP/STAFF DIRECTION 10. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, June 5, 2020, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Todd Wood, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs or translation services, please advise the Town Secretary 48 hours in advance at 817-490-571 and reasonable accommodations will be made to assist you. Board of Trustees Item # 2 — Citizen Comments CITIZEN COMMENTS: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. For those joining by videoconference: Any person desiring to make a public comment using a Windows computer must first press the "Raise Hand" button on the screen. Alternatively, the AIt+Y keyboard shortcut may be used to raise or lower their hand. Any person desiring to make a public comment using a Mac computer must first press the "Raise Hand" button on the screen. Alternatively, the Option+Y keyboard shortcut may be used to raise or lower their hand. For those joining by teleconference: Any person desiring to make a public comment must first press star-nine (*9) on their telephone keypad to ��Raise their hand" to speak. Persons joining the meeting by teleconference my mute and unmute their phones by pressing star-6 (*6). Citizens will be placed in a queue based on the order the hands were raised. The presiding officer will recognize callers based on the order of the queue, where they will be asked to state their name and address. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. The Board will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town Cou nci I Item # 3 — Consent Agenda CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Board Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of Resolution 20-16, verifying the completion of four (4) cybersecurity training programs for all Town of Westlake employees and elected officials, as required by HB 3834 for all local government employees and elected officials through a certified training program. b. Consider approval of Resolution 20-17, authorizing the Town Manager to enter into an interlocal agreement with Tarrant County to obtain grant funding under the CARES ACT in response to the COVID-19 pandemic. WESTLAKE TOWN COUNCIL T H E T 0 W N U F TYPE OF ACTION W E S T L A K E Regular Meeting - Action Item Monday, May 18, 2020 ToP�c: Consider a Resolution verifying the completion of four (4) cybersecurity training programs for all Westlake Academy employees and elected officials, as required by HB 3834 through a certified training program. STAFF CONTACT: Jason Power, Director of Information Technology Strategic Alignment � � � � � . � . .: . ' • � � Exemplary Service & Governance - Improve Technology, Transparent/Integrity-driven People,Facilities, We set the standard by delivering Facilities& Government &Technology unparalleled municipal and Equipment educational services at the lowest cost. � Outside the Scope of Identified Strategic Initiatives Time Line- Start Date: June 15, 2019 Completion Date: June 14, 2020 Funding Amount: N/A Status - N/A Source -N/A Contract: No Forms: N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) State law HB 3834, effective June 14, 2019, requires all local government employees and elected officials who have access to a local government computer system or database to complete a cybersecurity training program certified by the Texas Department of Information Resources (DIR) at least annually. Each governmental entity will need to report its compliance with Texas House Bill 3834 to the Department of Information Resources (DIR)by June 15, 2020. Page 1 of 2 STAFF RECOMMENDATIONS Staff recommends the Board of Trustees verify all Town of Westlake employees and elected officials have completed all training modules, as required by HB 3834. ATTACHMENTS Verification Report—Exhibit"A" Resolution Page 2 of 2 Campa gns Tra n ng KnowBe4 ��Exhibit ��/-��� 6�3�2D 11 47 AM ��0�0 Texas H 63834 Training F�ck to Training Groups:All Users Note:Users are allowed to complete training after the due date.This setting can be changed by editing the campaign. ' 0 0 D 159 0 Inoamplete Not 5tarted In Progress Completed Past Due Canterrt Tlme Tlme ❑ Corrtent Name Enrollment DaRe 5tarted 5perrt Left 5cnre Status ❑ 1�2019 Ke�in Mitnick 5ecurity Awareness Training 03/06/2020 3:47 �/ 16:26 - - � -30 Min PM � ❑ t�2019 Your Role:Intemet 5ecurity and You 03/06/2020 3:47 �/ 21:05 - - � � • •� PM � ❑ 1a 2difi Handling Sensitiue Information 03/06/2020 3:47 ./ 10:05 - - m PM � 0 1�Captain Rwareness:�etecting Suspiciaus 03/06/2020 3:47 .� ❑1:31 - - � � • -� Activity PM � https JJtra n ng nowbe4�om�u Jtra n ngJ�ampa gns�461574Jenro ments?per=5Q0&page=l Page 1 of 43 TOWN OF WESTLAKE RESOLUTION 20-17 A RESOLUTION OF THE WESTLAKE TOWN COUNCIL VERIFYING THE COMPLETION OF FOUR CYBER SECURITY TRAINING PROGRAMS BY ALL TOWN OF WESTLAKE EMPLOYEES AND ELECTED OFFICIALS, AS REQUIRED BY HB 3834 THROUGH A CERTIFIED TRAINING PROGRAM. WHEREAS, the State of Texas passed HB 3834 in June 2019; and, WHEREAS, HB 3834 requires local employees and elected officials to complete a Department of Information Resources (DIR) approved cyber security awareness training program; and, WHEREAS,all Town of Westlake employees and elected officials are required to complete an annual cyber security awareness training program approved by the Department of Information Resources (DIR); and, WHEREAS,Westlake Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE: SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake hereby approves this resolution and verifies that all Town of Westlake employees and elected officials have completed all required cyber security training, as required by HB 3834. SECTION 3: If any portion of this resolution and agreement shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Town Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. BE IT FURTHER RESOLVED that the Town Council of the Town of Westlake authorizes the Town Manager to execute any and all documents and take whatever action necessary to carry out the desires of the Town Council as stated herein. Resolution 20-U Page 1 of 2 PASSED AND APPROVED ON THIS 8t''DAY OF JUNE 2020. Laura Wheat, Mayor ATTEST: Todd Wood, Board Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 20-U Page 2 of 2 WESTLAKE TOWN COUNCIL T H E T 0 W N U F TYPE OF ACTION W E S T L A K E Regular Meeting - Consent Monday, June 08, 2020 ToP�c: Consider approval of a resolution authorizing the Town Manager to enter into an interlocal agreement with Tarrant County to obtain funding under the CARES ACT in response to the COVID-19 pandemic. STAFF CONTACT: Noah Simon, Deputy Town Manager Strategic Alignment � � � � � . � . .: . ' • � � Exemplary Service & Governance - Fiscal Responsibility Fiscal Stewardship we set the standard by delivering Preserve Desirability unparalleled municipal and &Quality of Life educational services at the lowest cost. � Outside the Scope of Identified Strategic Initiatives Time Line- Start Date: March 1, 2020 Completion Date: December 31, 2020 Funding Amount: N/A Status - N/A Source - Contributions/Grants Contract: Yes Forms: N/A EXECUTIVE SUMMARY (INCLUDING APPLiCABLE ORGANIZATIONAL HiSTORY) On May 12, 2020, the Tarrant County Commissioners Court approved the distribution of CARES Act Coronavirus Relief Funds (CRF) to their City partners who did not get a direct CRF distribution. The State of Texas decided not to provide a direct CRF funds distribution of municipalities within Tarrant County. Many cities in Texas will receive a direct distribution of $55 per capita from the State. Using the state's distribution guidelines, the Commissioners Court approved a $55 per capita municipal CRF funds distribution method for the portion of each city's population residing in Tarrant County with the exception of Fort Worth. Tarrant County used a 2019 NCTCOG Page 1 of 2 population data that includes split cities information. The County will distribute $61,308,720 to our non-direct distribution cities. A signed interlocal agreement,budget of proposed expenditures,and regular expenditure reporting will be required from each city in order to receive CRF distribution. The County retains the responsibility of overseeing the proper usage of CRF funds. The funds may be used for expenses the Town incurred directly or may incur due to the COVID-19 pandemic. Updated CRF guidance is made available on the U.S. Treasury website. The Town of Westlake will receive $88,550.00 for use on eligible expenses during the period of March 1, 2020 and December 30, 2020. At this time, staff are still investigating what past, current and future eXpenses are eligible,how these funds are balanced with the funds from TEA and other local uses of these funds. Staff is also conferring with legal counsel to fully understand the legal use of the CRF. RECOMMENDATION Staff recommends approval. ATTACHMENTS Letter to Cities Treasury Frequently Asked Questions (FAQs) Treasury Guidance Resolution Page 2 of 2 ����� �����L,��i�11j�:: . •'�'�''�rt-�:' ''�'' �� , ; a . . •�i ��� ''�C; :� a; ;H � C�; . ,� . � _ . . • . •��,F � * � ��� . �����s�'�� TARRANT COIJNTY COMMISSIONERS COURT G.K.MAENIUS COUNTY ADMINISTRATOR May 18, 2020 To Our City Partners: On May 12, 2020, the Tarrant County Commissioners Court approved the distribution of CARES Act Coronavirus Relief Funds (CRF) to our city partners who did not get a direct CRF distribution. As you are aware, the State of Texas decided not to provide a direct CRF funds distribution for municipalities within Tarrant County. Many cities in Texas will receive a direct distribution of$55 per capita from the State. Using the state's distribution guidelines, the Commissioners Court approved a $55 per capita municipal CRF funds distribution method for the portion of each city's population residing in Tarrant County with the exception of Fort Worth. We used 2019 NCTCOG population data that includes split cities information. The County will distribute $61,308,720 to our non-direct distribution cities. _ A signed interlocal agreement, budget of proposed expenditures, and regular expenditure reporting will be required from each city in order to receive CRF distribution. The County retains the responsibility of overseeing the proper usage of CRF funds. The funds may be used for expenses the city incurred directly or may incur due to the COVID-19 pandemic. Updated CRF guidance is made available frequently on the U.S. Treasury website. Along with this letter, I am including the foltowing items: • an interlocal agreement for your city to execute; � CRF guidance based on questions received from Tarrant County cities; and • CRF guidance and FAQ documents from the U.S. Treasury, available as of the date of this letter. Please execute three (3) originals of the interlocal agreement and return it to my office. Once we receive the agreement, we will have the Commissioners Court execute it. If you need additional information, please contact us. Sincerely, � G.K. aenius County Administrator TARRANT COUNTY ADMINISTRATION BUILDING 100 E.WEATHERFORD,FORT�VORTH,TEXAS 817/884-1733 I+AX 817/884-1702 Coronavirus Relief Fund Frequently Asked Questions Updated as of May 4,2020 The following answers to frequently asked questions supplement Treasury's Coronavirus Relief Fund ("Fund") Guidance for State, Territorial, Local, and Tribal Governments, dated Apri122, 2020, ("Guidance").' Amounts paid from the Fund are subj ect to the restrictions outlined in the Guidance and set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act("CARES Act"). Eligible Expenditures Are governments requiYed to submit pYoposed expenditures to Treasury for approval? No. Governments are responsible for making determinations as to what expenditures are necessary due to the public health emergency with respect to COVID-19 and do not need to submit any proposed expenditures to Treasury. The Guidance says that funding can be used to meet payroll expenses for public safety,public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. How does a government determine whether payroll expenses for a given employee satisfy the "substantially dedicated" condition? The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by the COVID-19 public health emergency. For this reason, and as a matter of administrative convenience in light of the emergency nature of this program, a State,territorial,local, or Tribal government may presume that payroll costs for public health and public safety employees are payments for services substantially dedicated to mitigating or responding to the COVID-19 public health emergency,unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is for a substantially different use fvoin any expected use of funds in such a line itein, allotinent, or allocation. What would qualify as a "substantially different use"for purposes of the Fund eligibility? Costs incurred for a"substantially different use" include,but are not necessarily limited to, costs of personnel and services that were budgeted for in the most recently approved budget but which, due entirely to the COVID-19 public health emergency,have been diverted to substantially different functions. This would include, for example,the costs of redeploying corrections facility staff to enable compliance with COVID-19 public health precautions through work such as enhanced sanitation or enforcing social distancing measures; the costs of redeploying police to support management and enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to develop online learning capabilities, such as through providing information technology support that is not part of the staff or faculty's ordinary responsibilities. Note that a public function does not become a"substantially different use"merely because it is provided from a different location or through a different manner. For example, although developing online ' The Guidance is available at https://home.treasury�ov/system/files/136/Coronavirus-Relief-Fund-Guidance-for- State-Territorial-Local-and-Tribal-Governments.pdf. 1 instruction capabilities may be a substantially different use of funds, online instruction itself is not a substantially different use of public funds than classroom instruction. May a State receiving a payment transfer funds to a local governinent? Yes,provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if they have not been used in a manner consistent with section 601(d) of the Social Security Act. May a unit of local government receiving a Fund payment transfer funds to another unit of government? Yes. For example, a county may transfer funds to a city, town, or school district within the counry and a county or city may transfer funds to its State,provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. For example, a transfer from a county to a constituent city would not be permissible if the funds were intended to be used simply to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify as an eligible expenditure. Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government within its borders? No. For example, a county recipient is not required to transfer funds to smaller cities within the county's borders. Are recipients required to use other federal funds or seek reimbursement under other federalprograms before using Fund payments to satisf'y eligible expenses? No. Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social Security Act outlined in the Guidance. Fund payments are not required to be used as the source of funding of last resort. However, as noted below,recipients may not use payments from the Fund to cover expenditures for which they will receive reimbursement. Are there prohibitions on combining a transaction supported with Pund payments with other CARES Act funding or COVID-19 relief Federal funding? Recipients will need to consider the applicable restrictions and limitations of such other sources of funding. In addition, expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds, are not eligible uses of Fund payments. Are States permitted to use Fund payments to support state unemployment insurance funds generally? To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the COVID-19 public health emergency, a State may use Fund payments to make payments to its respective state unemployment insurance fund, separate and apart from such State's obligation to the unemployment insurance fund as an employer. This will permit States to use Fund payments to prevent expenses related to the public health emergency from causing their state unemployment insurance funds to become insolvent. 2 AYe Yecipients peYmitted to use Fund payments to pay for unemployment insuYance costs incurred by the recipient as an employer? Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an employer(for example, as a reimbursing employer)related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. The Guidance states that the Fund may support a "broad Yange of uses"including payYoll expenses for several classes of employees whose services are "substantially dedicated to mitigating or responding to the COVID-19 public health emergency." What are some examples of types of covered employees? The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible expenses under the Fund. These classes of employees include public safety,public health,health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Payroll and benefit costs associated with public employees who could have been furloughed or otherwise laid off but who were instead repurposed to perform previously unbudgeted functions substantially dedicated to mitigating or responding to the COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and benefit costs of educational support staff or faculty responsible for developing online learning capabilities necessary to continue educational instruction in response to COVID-19-related school closures. Please see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget most recently approved as of March 27, 2020. In soine cases,first responders and critical health care workers that contr�act COVID-19 are eligible for workers'coinpensation coverage. Is the cost of this expanded wovkers coinpensation coverage eligible? Increased workers compensation cost to the government due to the COVID-19 public health emergency incurred during the period beginning March 1, 2020, and ending December 30, 2020, is an eligible expense. If a recipient would have decommissioned equipment or not renewed a lease on particular office space or equipment but decides to continue to use the equipment or to renew the lease in order to respond to the public health emergency, are the costs associated with continuing to operate the equipment or the ongoing lease payments eligible expenses? Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section 601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible. May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees to improve telework capabilities) rather than require employees to incur the eligible cost and submit for reimbursement? Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the public health emergency. As such,unless the government were to determine that providing assistance in the form of a stipend is an administrative necessity,the government should provide such assistance on a reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses. 3 May Fund payments be used for COVID-19 public health emergency recovery planning? Yes. Expenses associated with conducting a recovery planning project or operating a recovery coordination office would be eligible,if the expenses otherwise meet the criteria set forth in section 601(d) of the Social Security Act outlined in the Guidance. AYe expenses associated with contact tracing eligible? Yes, expenses associated with contract tracing are eligible. To what extent may a government use Fund payinents to suppoYt the opeYations of private hospitals? Governments may use Fund payments to support public or private hospitals to the extent that the costs are necessary expenditures incurred due to the COVID-19 public health emergency,but the form such assistance would take may differ. In particular, financial assistance to private hospitals could take the form of a grant or a short-term loan. May payinents from the Fund be used to assist individuals with enrolling in a government benefit program for those who have been laid off due to COVID-19 and thereby lost health insurance? Yes. To the extent that the relevant government official determines that these expenses are necessary and they meet the other requirements set forth in section 601(d)of the Social Security Act outlined in the Guidance,these expenses are eligible. May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to supply chain disruptions? Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic support as a result of the COVID-19 health emergency. Would providing a consumer grant program to prevent eviction and assist in preventing homelessness be considered an eligible expense? Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the COVID-19 public health emergency and the grants meet the other requirements for the use of Fund payments under section 601(d) of the Social Security Act outlined in the Guidance. As a general matter, providing assistance to recipients to enable them to meet property tax requirements would not be an eligible use of funds,but exceptions may be made in the case of assistance designed to prevent foreclosures. May recipients create a `payroll support program"for public employees? Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to those employees whose work duties are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May recipients use Fund payments to coveY employinent and training pYograms for employees that have been furloughed due to the public health emergency? Yes, this would be an eligible expense if the government determined that the costs of such employment and training programs would be necessary due to the public health emergency. 4 May recipients use Fund payments to provide emergency financial assistance to individuals and families directly impacted by a loss of income due to the COVID-19 public health emergency? Yes, if a government determines such assistance to be a necessary expenditure. Such assistance could include, for example, a program to assist individuals with payment of overdue rent or mortgage payments to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual needs. Such assistance should be structured in a manner to ensure as much as possible,within the realm of what is administratively feasible, that such assistance is necessary. The GuidancepYovides that eligible expenditures may include expenditures Yelated to theprovision of grants to small businesses to reimburse the costs of business interruption caused by required closures. What is meant by a "small business,"and is the Guidance intended to refer only to expenditures to cover administrative expenses of such a grant program? Governments have discretion to determine what payments are necessary. A program that is aimed at assisting small businesses with the costs of business interruption caused by required closures should be tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to reimburse the costs of business interruption caused by required closures would also be an eligible expenditure under section 601(d)of the Social Security Act, as outlined in the Guidance. The Guidance provides that expenses associated with the provision of economic support in connection with the public health emergency, such as expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures, would constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence of a stay-at-home order? Fund payments may be used for economic support in the absence of a stay-at-home order if such expenditures are determined by the government to be necessary. This may include, for example, a grant program to benefit small businesses that close voluntarily to promote social distancing measures or that are affected by decreased customer demand as a result of the COVID-19 public health emergency. May Fund payments be used to assist impacted property owners with the payment of their property taxes? Fund payments may not be used for government revenue replacement, including the provision of assistance to meet tax obligations. May Funtl payments be usetl to replace foregone utility fees? If not, can Funtl payments be used as a direct subsitly payment to all utility account holders? Fund payments may not be used for government revenue replacement, including the replacement of unpaid utility fees. Fund payments may be used for subsidy payments to electricity account holders to the extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. For example, if determined to be a necessary expenditure, a government could provide grants to individuals facing economic hardship to allow them to pay their utility fees and thereby continue to receive essential services. Could Fund payments be used for capital improvement projects that broadly provide potential economic developinent in a community? 5 In general,no. If capital improvement projects are not necessary expenditures incurred due to the COVID-19 public health emergency, then Fund payments may not be used for such projects. However,Fund payments may be used for the expenses of, for example, establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation measures,including related construction costs. The Guidance includes workfoYce bonuses as an exainple of ineligible expenses but provides that hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific definition of"hazard pay"? Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in each case that is related to COVID-19. The Guidance pYovides that ineligible expenditures include "[pJayroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-l9 public health emergency." Is this intended to relate only to public employees? Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A recipient would not be permitted to pay for payroll or benefit expenses of private employees and any financial assistance(such as grants or short-term loans)to private employers are not subject to the restriction that the private employers' employees must be substantially dedicated to mitigating or responding to the COVID-19 public health emergency. May counties pre pay with CARES Act funds for expenses such as a one or two year facility lease, such as to house staff hired in response to COVID-19? A government should not make prepayments on contracts using payments from the Fund to the extent that doing so would not be consistent with its ordinary course policies and procedures. Questions Related to Administration of Fund Payments Do governments have to return unspent funds to Ti^easury? Yes. Section 601(�(2) of the Social Security Act, as added by section 5001(a) of the CARES Act, provides for recoupment by the Department of the Treasury of amounts received from the Fund that have not been used in a manner consistent with section 601(d) of the Social Security Act. If a government has not used funds it has received to cover costs that were incurred by December 30,2020, as required by the statute,those funds must be returned to the Department of the Treasury. What records must be kept by governments receiving payment? A government should keep records sufficient to demonstrate that the amount of Fund payments to the government has been used in accordance with section 601(d)of the Social Security Act May recipients deposit Fund payments into interest bearing accounts? Yes,provided that if recipients separately invest amounts received from the Fund,they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government deposits Fund payments in a government's general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary 6 expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. May goveYninents retain assets puYchased with payinents fYom the Fund? Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d) of the Social Security Act. What Yules apply to the proceeds of disposition or sale of assets acquiYed using payments fYoin the Fund? If such assets are disposed of prior to December 30, 2020,the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social Security Act. 7 Coronavirus Relief Fund Guidance for State,Territorial,Local, and Tribal Governments Apri122,2020 The purpose of this document is to provide guidance to recipients of the funding available under section 601(a)of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act("CARES Act"). The CARES Act established the Coronavirus Relief Fund(the "Fund") and appropriated$150 billion to the Fund. Under the CARES Act, the Fund is to be used to make payments for specified uses to States and certain local governments; the District of Columbia and U.S. Territories (consisting of the Commonwealth of Puerto Rico,the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments. The CARES Act provides that payments from the Fund may only be used to cover costs that— 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and 3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.' The guidance that follows sets forth the Department of the Treasury's interpretation of these limitations on the permissible use of Fund payments. Necessary expenditures incurred due to the public health emergency The requirement that expenditures be incurred"due to"the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. These may include expenditures incurred to allow the State, territorial, local, or Tribal government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second-order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is not a permissible use of Fund payments. The statute also specifies that expenditures using Fund payments must be "necessary." The Department of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its intended use in the reasonable judgment of the government officials responsible for spending Fund payments. Costs not accounted for in the budget most recently approved as of Mar^ch 27, 2020 The CARES Act also requires that payments be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. A cost meets this requirement if either(a)the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or(b)the cost ' See Secrion 601(d)of the Social Security Act, as added by section 5001 of the CARES Act. 1 is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. The "most recently approved"budget refers to the enacted budget for the relevant fiscal period for the particular government, without taking into account subsequent supplemental appropriations enacted or other budgetary adjustments made by that government in response to the COVID-19 public health emergency. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund,rainy day fund, ar similar reserve account. Costs incurred during the period that begins on March 1, 2020, a�d ends o�December 30, 2020 A cost is "incurred"when the responsible unit of government has expended funds to cover the cost. Nonexclusive examples of eligible expenditures Eligible expenditures include,but are not limited to,payment for: 1. Medical expenses such as: • COVID-19-related expenses ofpublic hospitals, clinics, and similar facilities. • Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. • Costs of providing COVID-19 testing, including serological testing. � Emergency medical response expenses, including emergency medical transportation,related to COVID-19. • Expenses for establishing and operating public telemedicine capabilities for COVID-19- related treatment. 2. Public health expenses such as: • Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. • Expenses for acquisition and distribution of inedical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel,police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety warkers in connection with the COVID-19 public health emergency. • Expenses for disinfection of public areas and other facilities, e.g.,nursing homes, in response to the COVID-19 public health emergency. • Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. • Expenses for public safety measures undertaken in response to COVID-19. • Expenses for quarantining individuals. 3. Payroll expenses for public safety,public health,health care,human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID- 19 public health emergency. 2 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: • Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations,to enable compliance with COVID-19 public health precautions. • Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. • Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. � Expenses of providing paid sick and paid family and medicalleave to public employees to enable compliance with COVID-19 public health precautions. • COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures,to enable compliance with COVID-19 public health precautions. • Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. 5. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: • Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. • Expenditures related to a State, territorial, local, or Tribal government payroll support program. • Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund's eligibility criteria. Nonexclusive examples of ineligible expenditures� The following is a list of examples of costs that would not be eligible expenditures of payments from the Fund. 1. Expenses for the State share of Medicaid.3 2. Damages covered by insurance. 3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. �In addition,pursuant to secrion 5001(b)of the CARES Act,payments from the Fund may not be expended for an elective abortion or on research in which a human embryo is destroyed,discarded,or knowingly subjected to risk of injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result of an act of rape or incest; or in the case where a woman suffers from a physical disorder,physical injury,or physical illness,including a life-endangering physical condition caused by or arising from the pregnancy itself,that would,as certified by a physician,place the woman in danger of death unless an abortion is performed. Furthermore,no government which receives payments from the Fund may discriminate against a health care entity on the basis that the entity does not provide,pay for,provide coverage of,or refer for abortions. 3 See 42 C.F.R. §433.51 and 45 C.F.R. § 75.306. 3 4. Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds. 5. Reimbursement to donors for donated items or services. 6. Workforce bonuses other than hazard pay or overtime. 7. Severance pay. 8. Legal settlements. 4 TOWN OF WESTLAKE INTERLOCAL COOPERATION AGREEMENT FOR MUNICIPAL DIRECT EXPENSE FUNDING RESOLUTION 20-18 As provided for by Chapter 791 of the Texas Government Code, this Interlocal Cooperation Agreement ("Agreement") is entered into by and between Tarrant County, Texas (the "County") and the Town of Westlake, Texas (the "Town") and shall be effective on the date that the signature of the last party is affixed. The County and the Town have reviewed the Agreement, and each make the following findings: WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a worldwide pandemic; and WHEREAS, President Donald Trump, Governor Greg Abbott, and County Judge Glen Whitley have issued Declarations of Disaster for the United States, the State of Texas, and the COUNTY, respectively; an WHEREAS, on March 27, 2020, President Donald Trump signed the Coronavirus Aid Relief and Economic Security Act("CARES ACT")providing financial aid to those impacted by the COVID-19 pandemic, including local governments; and WHEREAS, the COUNTY has received CARES Act funds to reduce the impact of necessary expenditures incurred due to the public health emergency with respect to COVID-19; and WHEREAS, on May 12, 2020, the Tarrant County Commissioners Court designated a portion of its CARES Act funds to provide FIFTY-FIVE DOLLARS ($55) per capita for direct COVID-19 related expenditures to municipalities located in Tarrant County("Direct Costs Program"); and WHEREAS, the 2019 population of the Town that resides in Tarrant County, as reported by the North Central Texas Council of Governments, is 1,610; and WHEREAS,assisting municipalities within the County in recovering their costs directly incurred in responding to the COVID-19 emergency is a legitimate and lawful use of the CARES ACT funding. NOW, THEREFORE, for and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given,the County and Town agree to the following: 1. Grant and Funding to Town. Subject to the terms and conditions of this Agreement, the County agrees to grant and transfer to the Town the sum of EIGHTY-EIGHT THOUSAND FIVE HUNDRED FIFTY DOLLARS ($88,550) of its CARES ACT funding ("Municipal Funds"). The Town agrees to deposit these Municipal Funds into a separate, segregated account created solely for holding and dispersing these Municipal Funds. If Municipal Funds are deposited into an interest-bearing account, all interest earned must be used exclusively as outlined in item two below for COVID-19 expenditures already paid and incurred, and for expenditures to assist the Town with its ongoing responses to COVID-19 as detailed in the CARES ACT. 2. Use of Municipal Funds. The Town may use its Municipal Funds to reimburse itself for COVID-19 expenditures already paid and incurred, and for expenditures to assist with its ongoing response to COVID-19 as detailed in the CARES ACT, the Direct Costs Program, the U.S. Department of Treasury's Coronavirus Relief Fund ("CRF") Guidance for State, Territorial, Local, and Tribal Governments, and this Agreement. It is the responsibility of the Town to remain informed of and act in accordance with all updates or amendments to CARES ACT and U.S. Department of Treasury CRF Guidance. Resolution 20-18 Page 1 of 4 3. Town's Obligations relating to its Use of the Municipal Funds. The Town agrees to: a) only use the Municipal Funds in compliance with this Agreement and for eligible expenditures related to the COVID-19 emergency; b) reimburse and return to the Municipal Funds account within thirty days of notice by County any portion of the Municipal Funds that the County, the U.S. Department of Treasury, or their designee, deems were not used for COVID-19 purposes, or not used pursuant to the terms of this Agreement, or if the City's Municipal Funds account is already closed out, the reimbursement and return of the ineligible expenditure shall be made to the County; c) document and justify that each expenditure from its Municipal Funds was an eligible expenditure under this Agreement and the CARES ACT. All documentation and the final report of expenditures shall be delivered to the County no later than January 15, 2021, and shall be kept by the Town for a minimum of four years from the close of the Direct Costs Program; d) allow inspection of all documentation and records related to its expenditure of its Municipal Funds by the Counry or the U.S. Department of Treasury upon reasonable request; e) use the Municipal Funds only for eligible expenditures made between March 1, 2020 and 11:59 p.m., December 30, 2020; fl by November 1, 2020, provide to the County a report of all funds the Town determines it may be unable to spend prior to December 30, 2020. Any and all of such funds may be collected and redistributed at County's discretion; g) return and re-pay within thirty days to the County any Municipal Funds not expended by 11:59 p.m.,December 30, 2020; h) acknowledge and recognize that the source of these Municipal Funds is Tarrant County and its CARES ACT allocation for any public programs or initiatives using these Municipal Funds; i) coordinate with the County any public programs or initiatives so that no duplication of services,initiatives,or programs occurs. 4. Reports. The Town shall provide to the County, within thirty (30) days of award, Proposed Budget for use of the funds. The Town shall also provide expenditure reports starting 60 days after award and continuing for every 30-day period until December 31, 2020. 5. Eligibility Issues. If the Town is not sure that an expenditure will qualify, it should seek an opinion from its Town Attorney prior to making the expenditure. 6. Nature of Funding. The CARES ACT funding is being received from the County to the Town as a sub-recipient. As a sub-recipient of CARES ACT funding the Town acknowledges that its use of the funds is subject to the same terms and conditions as the County's use of such funds. The Town hereby agrees to comply with all terms and conditions of the CARES ACT funding, and to hold the County harmless against any repayments, penalties, or interest incurred as a result of the Town's failure to comply with all terms and conditions of the CARES ACT funding. Funds spent in non- compliance with the CARES ACT are subject to recapture by the County for return to the Direct Resolution 20-18 Page 2 of 4 Costs Program or for return to the U.S. Treasury Department. 7. Attorney's Fees and Costs. In accordance with the Program, the County shall be entitled to recover its reasonable and necessary attorney's fees and costs against the Town if it is required to undertake litigation to enforce the terms of this Agreement to the extent allowed by law. 8. Law and Venue. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. Exclusive venue of any dispute shall be in a state court of competent jurisdiction in Tarrant County, Texas. 9. No Assignment. The Town may not assign this Agreement. 10. Entire Agreement. This Agreement supersedes and constitutes a merger of all prior and/or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their legal representatives, receivers, executors, successors, agents, and assigns. 11. Amendment. Any amendment of this Agreement must be by written instrument dated and signed by both parties. 12. Severability. No partial invalidity of this Agreement shall affect the remainder unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of this Agreement. 13. Waiver. No waiver by either party of any provision of this Agreement shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. TARRANT COUNTY, TEXAS TOWN OF WESTLAKE, TEXAS By: By: B. Glen Whitley, County Judge Town's Authorized Signatory Date Printed Name Date ATTEST: Town Secretary Resolution 20-18 Page 3 of 4 APPROVED AS TO FORM: CERTIFICATION OF AVAILABLE FUNDS $ Criminal District Attorney's Office* Tarrant County Auditor *By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our client's legal perspecrive. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. Resolution 20-18 Page 4 of 4 Town Cou nci I Item # 4 — Discussion Items a. Discussion regarding staff actions and associated items related to COVID-19. Town Cou nci I Item # 5 — Executive Session EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters — to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager evaluation b. Section 551.071(2) Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. Town Cou nci I Item # 6 — Reconvene Meeting Town Cou nci I Item # 7 — Take any action, if needed, from Executive Session Items Town Cou nci I Item # 8 — Future Agenda Items Town Cou nci I Item # 9 — Board Recap/Staff Direction Town Cou nci I Item # 10 — Adjournment