Item 9ACITY OF
SOUTHLAK
To:
Subject:
MEMORANDUM
May 26, 2020
Shana Yelverton, City Manager
Sharen Jackson, Chief Financial Officer
An Interlocal Cooperation Agreement with Tarrant County for
municipal direct expense funding.
Action
Requested: Approval an Interlocal Cooperation Agreement with Tarrant
County for municipal direct expense funding under the
CARES Act.
Background
Information: The purpose of this item is to seek Council approval of an
interlocal cooperation agreement with Tarrant County to
provide for the distribution of funds under the federal CARES
Act.
The Tarrant County Commissioners Court authorized a $55
per capita distribution of CARES Act Coronavirus Relief
Funds (CRF) to partner cities that did not receive a direct
distribution. Based on population data received from the
NCTCOG, Tarrant County calculated the distribution to each
city except the City of Fort Worth, who obtained their own
direct funding.
Staff is preparing a spending proposal for these funds,
based on the guidelines provided by the U.S. Department of
the Treasury. Funds may be used as reimbursement for
COVID-related expenditures or anticipated eligible expenses
through December 31, 2020. Funds may not be used (at this
time) to offset City revenue loss attributable to the pandemic.
Financial
Considerations: Coronavirus Relief Funding up to $1.6 million
Strategic Link: B2: Collaborate with select partners to implement service
solutions
F1: Adhere to financial management principles and budget
Citizen Input/
Board Review:
None required
Legal Review: N/A
Page 2 of 2
Alternatives: Deny the interlocal agreement which would result in the city
not being eligible to receive the allocation from Tarrant
County.
Supporting
Documents: Letter from GK Maenius, Tarrant County Administrator
Interlocal Agreement
Guidance and FAQs regarding Tarrant County distribution
Coronavirus Relief Fund Guidance and FAQs from the U.S.
Department of the Treasury
Staff
Recommendation: Approval of interlocal agreement
MAENIUS
COUNTY ADMINISTRATOR
Ama��
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.
111sing 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 following 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.
TARRANT COUNTY ADMINISTRATION BUILDING
100 E. WEATHERFORD, FORT WORTH, TEXAS 817/884-1733 FAX 817/884-1702
INTERLOCAL COOPERATION AGREEMENT
FOR MUNICIPAL DIRECT EXPENSE FUNDING
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
City of Southlake, Texas (the "City") and shall be effective on the date that the signature of the last party
is affixed. The County and the City have reviewed the Agreement, and each make the following findings:
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-1.9 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-1.9
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 City that resides in Tarrant County, as reported by the
North Central Texas Council of Governments, is 30,010; and
WHEREAS, assisting municipalities within the County in recovering their costs directly incurred
in responding to the COVID-1.9 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 City agree to the following:
1. Grant and Funding to City. Subject to the terms and conditions of this Agreement, the
County agrees to grant and transfer to the City the sum of ONE MILLION SIX HUNDRED FIFTY
THOUSAND FIVE HUNDRED FIFTY DOLLARS ($1,650,550) of its CARES ACT funding
("Municipal Funds"). The City 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 City
with its ongoing responses to COVID-19 as detailed in the CARES ACT.
2. Use of Municipal Funds. The City may use its Municipal Funds to reimburse itself for
COVID-1.9 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 City to remain informed of and act in
accordance with all updates or amendments to CARES ACT and U.S. Department of Treasury CRF
Guidance.
City's Obligations relating to its Use of the Municipal Funds. The City 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 City 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 County 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;
f) by November 1, 2020, provide to the County a report of all funds the City
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 City shall provide to the County, within thirty (30) days of award, a
Proposed Budget for use of the funds. The City 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 City is not sure that an expenditure will qualify, it should seek an
opinion from its City Attorney prior to making the expenditure.
6. Nature of Funding. The CARES ACT funding is being received from the County to the
City as a sub -recipient. As a sub -recipient of CARES ACT funding the City acknowledges that its use of
the funds is subject to the same terms and conditions as the County's use of such funds. The City 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 City's failure to comply
with all terms and conditions of the CARES ACT funding. Funds spent in non-compliance with the
2
CARES ACT are subject to recapture by the County for return to the Direct 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 City 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.
No Assignment. The City may not assign this Agreement.
10. Entire Agreement. This Agreement supersedes and constitutes a merger of all prior oral
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
By:
B. Glen Whitley, County Judge
Date
3
CITY OF SOUTHLAKE, TEXAS
By:
City's Authorized Signatory
Printed Name
Date
ATTEST:
City Secretary
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 perspective. Other parties may not rely on this approval. Instead those
parties should seek contract review from independent counsel.
4
Tarrant County Direct Costs Program
General Guidelines and FAQ
General Guidelines
Funds may only be used to cover expenses that:
1. Are necessary and eligible 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;
3. Are not duplicated with any other Federal reimbursement request, such as FEMA -PA; and
4. Were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.
Funds may not be used for:
1. Revenue replacement; or
2. Property tax payments, or to pay state taxes (franchise) or fees to cities/county/state.
Frequently Asked Questions
How were the population numbers in the interlocal agreements determined?
Tarrant County used 2019 NCTCOG population data to determine municipal distribution amounts
under the Direct Costs Program. Other data sources were evaluated, but only NCTCOG population
estimates included current, split city population counts. The split cities will only receive funding for
the portion of their population inside Tarrant County.
Why was $55 per capita used to calculate the distribution to cities?
The Commissioners Court used the per capita distribution strategy used by the State of Texas.
Will school districts have access to any of these funds through their respective city(ies)? Do cities need
to address school district requests or will school districts receive funding from other sources?
It is not the County's intent for funds to go to school districts. School districts should contact the
Texas Education Agency (TEA) with questions or for guidance related to CARES Act funding.
What type of documentation requirements does Tarrant County have for using the CARES Act Funds?
How often will jurisdictions have to submit this documentation?
Some of this information is provided in the Interlocal Agreement; however, the County Auditor's and
County Administrator's Offices will be working with cities to outline documentation needs and
transmission requirements. Common governmental accounting practices will be utilized while
considering federal requirements. Additionally, cities will be required to follow uniform guidance for
Federal grants, as outlined in the Code of Federal Regulations, 2 CFR Part 200.
Do all the Direct Costs Program funds expensed have to have occurred within each respective city and
within Tarrant County?
Generally, yes, but the County is open to discussing this issue. It is understood that the County may
need to work with split cities to address their individual situations.
The table below provides information based on questions received from cities. The examples are not
an exhaustive list; the County may provide updates as additional information is received.
Examples of
Eligible and Ineligible Expenses
COVID-19 Expenses
Response
Attorney fees
If the fees are directly related to COVID-19 issues, they may be
allowed with proper documentation.
COVID-19 related overtime
Yes
Pandemic time off, hazard pay, federally
Yes. Expenses of providing paid sick and paid family and
mandated sick leave and FMA benefits
medical leave to public employees to enable compliance with
COVID-19 public health precautions.
Yes. Payroll expenses for public safety, public health, health
COVID dedicated payroll expenses
care, human services, and similar employees whose services are
substantially dedicated to mitigating or responding to the
COVID19 public health emergency.
Temporary employees
Yes
Unemployment charges for furloughed or
We currently do not have guidance on this issue.
laid -off employees
Employee telecommuting enhancements
Yes
Utility billing late payment penalties and
This could be a revenue issue since the city could waive them.
interest
Other utility assistance programs are available.
Testing and quarantine costs for first
Yes
responders and employees
Self-insurance medical costs for COVID-
Yes
19 employees
Employee and customer social distancing
Temporary signage, barriers, shields, tents, etc. that encourage
or provide social distancing are allowed.
Hand sanitizer, masks, face shields,
Yes
owns, gloves, thermometers, wipes, etc.
Disinfection supplies and/or services
Yes
Advertising and marketing materials
Yes
Interpretation services
Yes
Drop boxes for customers
Yes
Business discounts at conference center
This could be a revenue issue and not allowed.
Infrastructure needs
If you would like to include them in your budget proposal, we will
research their eligibility.
Yes. Expenses for food delivery to residents, including, for
Food delivery
example, senior citizens and other vulnerable populations, to
enable compliance with COVID-19 public health precautions.
Yes. Expenses for care for homeless populations provided to
Care of homeless populations
mitigate COVID-19 effects and enable compliance with COVID-
19 public health precautions.
Coronavirus Relief Fund
Guidance for State, Territorial, Local, and Tribal Governments
April 22, 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—
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 March 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 Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act.
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, or similar reserve account.
Costs incurred during the period that begins on March 1, 2020, and ends on 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 expensessuch as:
• COVID-19-related expenses of public 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 medical 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 workers 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 expensesfor public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the COVID-
19 public health emergency.
4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, 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 medical leave 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 ofe conomic 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 expenditurres2
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.
2 In addition, pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be expended for an
elective abortion or on research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of
injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result
of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or
physical illness, including a life -endangering physical condition caused by or arising from the pregnancy itself, that
would, as certified by a physician, place the woman in danger of death unless an abortion is performed.
Furthermore, no government which receives payments from the Fund may discriminate against a health care entity
on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions.
'See 42 C.F.R. § 433.51 and 45 C.F.R. § 75.306.
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.
M
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 April 22, 2020,
("Guidance").' Amounts paid from the Fund are subject 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 required to submit proposed 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 from any expected use of funds in such a line item, allotment, or
allocation. What would qualify as a "substantially different use"forpurposes 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://bonie.treasuryy.gov/system/files/136/Coronaviius-belief-Fund-Guidance-fcr-
State-Territorial-Local-and-Tribal-Governments. pdf.
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 government?
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 county 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 federal programs
before using Fund payments to satisfy 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 Fund 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.
W
Are recipients permitted to use Fund payments to pay for unemployment insurance 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 range of uses" including payroll 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 some cases, first responders and critical health care workers that contract COVID-19 are eligible
for workers' compensation coverage. Is the cost of this expanded workers compensation 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.
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.
Are expenses associated with contact tracing eligible?
Yes, expenses associated with contract tracing are eligible.
To what extent may a government use Fund payments to support the operations 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 payments 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 cover employment and training programs 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.
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 Guidance provides that eligible expenditures may include expenditures related to the provision 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 Fund payments be used to replace foregone utility fees? If not, can Fund payments be used as a
direct subsidy 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 development in a community?
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 workforce bonuses as an example 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 provides that ineligible expenditures include "[playroll or benefits expenses for
employees whose work duties are not substantially dedicated to mitigating or responding to the
COVID-.19 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-1.9 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 Treasury?
Yes. Section 601(f)(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
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expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as
amended.
May governments retain assets purchased with payments from 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 rules apply to the proceeds of disposition or sale of assets acquired using payments from 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.
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