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Home My WebLink AboutCC 10-04-21-01/ARP Plan Resolution Sponsor: Councilor Worrell This Resolution was prepared by Jon A. Oberlander, Interim Corporation Counsel, on 9/9/2021 at 11:13p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. RESOLUTION NO. 10-04-21-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADOPTING A PLAN FOR DISTRIBUTION OF THE PROCEEDS OF THE CITY’S GRANT FROM THE AMERICAN RESCUE PLAN ACT OF 2021 Synopsis: Establishes the City of Carmel’s plan to use American Rescue Plan Act grant funds for employee premium pay and the provision of government services. WHEREAS, the City of Carmel (the “City”) has been awarded a grant from the American Rescue Plan Act of 2021 (“ARP” or “the Act”) in the amount of Seven Million Five Hundred Twenty Two Thousand Nine Hundred and Twenty Dollars ($7,522,920.00) (“the Grant Funds”), half of which, or Three Million Seven Hundred Sixty One Thousand Four Hundred Sixty Dollars ($3,761,460.00), was received by the City on June 14, 2021, with the remaining balance to be received in 2022; and WHEREAS, the Act requires a Grant Recipient to adopt a plan that details how they intend to use the Grant Funds for the purposes set forth in the Act (the “Plan); and WHEREAS, the City intends to use portions of the Grant Funds to provide premium pay to its eligible workers who have performed essential work during the COVID-19 public health emergency in accordance with Section 603(c)(1)(B) of the Act; and WHEREAS, the City intends to use portions of the Grant Funds to provide government services to the extent that its general revenue decreased due to the COVID-19 public health emergency, pursuant to Section 603(c)(1)(C) of the Act; and WHEREAS, this Plan is subject to amendment by the Carmel Common Council (the “Council”) as permitted by the Act. Resolution CC 10-04-21-01 Page One of Seven Pages DocuSign Envelope ID: 3BC5B844-BC6C-49F1-B4AB-FF8807D30A1F Sponsor: Councilor Worrell This Resolution was prepared by Jon A. Oberlander, Interim Corporation Counsel, on 9/9/2021 at 11:13p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: The foregoing Recitals are incorporated herein by this reference. Section I. Introduction 1. The payments identified in this Plan and future amendments to the Plan shall be authorized uses of the Grant Funds. 2. The Plan may be amended to comply with the Act, any subsequent Amendments to the Act, rules adopted by the U.S. Treasury Department including 31 CFR Part 35, or at the discretion of the Council, to the extent provided by the Act. 3. The payment of all Grant Funds and any subsequent Grant Funds received pursuant to the Act shall be subject to appropriation by the Council. 4. The Plan’s procedures and designated uses for distribution of the Grant Funds from the Act are stated as follows in sections below. 5. The City’s Plan for distribution of the Grant Funds are as follows: Section II. Premium Pay 1. Full-time and part-time employees of the City of Carmel and Carmel-Clay Parks who worked for the City or Parks during the COVID-19 public health emergency between March 24, 2020 and May 3, 2021, (the “Premium Pay Distribution Period”) were performing duties necessary to maintain continuity of operations of essential functions of city government. Those essential functions were necessary to protect the health, safety, and welfare of the citizens of Carmel. Therefore, those full-time employees who worked for the City or Parks during the Premium Pay Distribution Period and were also employed by the City or Parks on either May 3, 2021 or September 1, 2021, as well as regularly scheduled part-time (but not seasonal) employees Resolution CC 10-04-21-01 Page Two of Seven Pages DocuSign Envelope ID: 3BC5B844-BC6C-49F1-B4AB-FF8807D30A1F Sponsor: Councilor Worrell This Resolution was prepared by Jon A. Oberlander, Interim Corporation Counsel, on 9/9/2021 at 11:13p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. who were employed as of September 1, 2021, are hereby designated as “Eligible Workers,” pursuant to Section 603(g)(2) of the Act, for purposes of receiving premium pay in addition to their regular wages for essential work performed during the COVID-19 public health emergency (“Premium Pay”). See Section 603(g)(3) of the Act. 2. Premium Pay for the performance of Essential Work by Eligible Workers: 2.1. Essential Work that qualifies for Premium Pay is defined by 31 CFR §35.3 as “work that is not performed while teleworking from a residence and involves regular in-person interactions with patients, the public or coworkers of the individual that is performing the work, or regular physical handling of items that were handled by…patients, the public or coworkers of the individual that is performing the work.” Essential Work hours do not include Paid Time Off, sick leave, COVID-19 time, or any other non- worked hours. 2.2. The City and Parks will issue Premium Pay to all Eligible Workers at a rate of Two Dollars ($2.00) per hour for the hours of Essential Work performed during the Premium Pay Distribution Period. The total amount of Premium Pay paid to each Eligible Worker shall not exceed two percent (2%) of the Eligible Worker’s 2021 annual base pay. The total Premium Pay paid to regularly scheduled part-time employees of Carmel-Clay Parks shall not exceed Two Hundred Fifty Dollars ($250.00). 2.3. All department directors and elected officials have reviewed the time records of each Eligible Worker under their supervision and have approved the number of Resolution CC 10-04-21-01 Page Three of Seven Pages DocuSign Envelope ID: 3BC5B844-BC6C-49F1-B4AB-FF8807D30A1F Sponsor: Councilor Worrell This Resolution was prepared by Jon A. Oberlander, Interim Corporation Counsel, on 9/9/2021 at 11:13p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. Essential Work hours performed by each Eligible Worker during the Premium Pay Distribution Period. 2.4. This Premium Pay distribution will increase the total compensation for certain workers for the years overlapping the Premium Pay Distribution Period, to above One Hundred Fifty Percent (150%) of the State of Indiana’s average annual wage for all occupations, as determined by the Bureau of Labor Statistics Occupational Employment and Wage Statistics. As required by 31 CFR § 35.6(c), the City has determined that the distribution formula set forth above is appropriate given the potentially serious risks Eligible Workers faced while performing Essential Work on behalf of the constituents of the City during the COVID-19 public health emergency. 2.5. Deductions for federal, state and local income tax, Social Security, Medicare and mandatory retirement plan contributions will be deducted from the Premium Pay distribution to the Eligible Workers. 2.6. The City and Parks will use Grant Funds to pay the Employer’s share of Social Security, Medicare and mandatory retirement plan contributions attributable to the Premium Pay distribution. 2.7. To substantiate the City’s and Parks’ records for audit purposes, the Controller will keep on file a certified payroll voucher setting forth the number of hours of Essential Work performed by each Eligible Worker under their supervision during the Premium Pay Distribution Period. 2.8. Premium Pay shall be distributed to Eligible Workers no later than December 31, 2021. Resolution CC 10-04-21-01 Page Four of Seven Pages DocuSign Envelope ID: 3BC5B844-BC6C-49F1-B4AB-FF8807D30A1F Sponsor: Councilor Worrell This Resolution was prepared by Jon A. Oberlander, Interim Corporation Counsel, on 9/9/2021 at 11:13p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. Section III. Providing Government Services The second permitted use of the Grant Funds shall be to provide government services to the extent of the reduction in the City’s general revenue due to the COVID-19 public health emergency. 1. The City’s reduction in general revenue shall be calculated pursuant to the formula set forth in 31 CFR § 35.6(d)(1),(2). 2. The use of Grant Funds to provide government services in an amount based on the City’s reduction in general revenue may include, but is not limited to: 2.1.1. Maintenance or “pay-go” funding for building of infrastructure, including roads. 2.1.1.1. “Pay-go” infrastructure is defined as the practice of funding capital projects with cash-on hand from taxes, fees, grants, and other sources, rather than with borrowed sums. 2.1.2. Modernization of cybersecurity, including hardware, software, and protection of critical infrastructure. 2.1.3. Health services. 2.1.4. Environmental remediation. 2.1.5. The provision of police, fire, and other public safety services. 3. Pursuant to the Act, Grant Funds shall not be used to replenish the City’s Rainy Day Fund, other City reserve funds, or to make any payments on City debt. 4. The permitted uses of Grant Funds for the provision of government services are subject to change; amendments to the Plan for the use of Grant Funds for the provision of government Resolution CC 10-04-21-01 Page Five of Seven Pages DocuSign Envelope ID: 3BC5B844-BC6C-49F1-B4AB-FF8807D30A1F Sponsor: Councilor Worrell This Resolution was prepared by Jon A. Oberlander, Interim Corporation Counsel, on 9/9/2021 at 11:13p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. services shall be considered by Council upon request from the Administration or subject to the Act itself. Section IV. Conclusion. 1. Pursuant to the Act, the City shall only be able to use Grant Funds obligated prior to December 31, 2024. 2. The period of performance for projects funded by the Grant Funds shall conclude on +52December 31, 2026; all projects funded by Grant Funds must be completed on or prior to this date. 3. This Plan is subject to amendments as more permitted uses are determined by the Act an U.S. Treasury Department guidance. 4. This Resolution shall be in full force and effect upon passage and may be subsequently amended to conform with the Act. [signature page follows] Resolution CC 10-04-21-01 Page Six of Seven Pages DocuSign Envelope ID: 3BC5B844-BC6C-49F1-B4AB-FF8807D30A1F Sponsor: Councilor Worrell This Resolution was prepared by Jon A. Oberlander, Interim Corporation Counsel, on 9/9/2021 at 11:13p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2021, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Sue Finkam, President Kevin D. Rider, Vice-President ___________________________________ ____________________________________ Laura Campbell H. Bruce Kimball ___________________________________ ____________________________________ Jeff Worrell Anthony Green ___________________________________ ___________________________________ Adam Aasen Tim Hannon ___________________________________ Miles Nelson ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2021, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2021, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Resolution CC 10-04-21-01 Page Seven of Seven Pages DocuSign Envelope ID: 3BC5B844-BC6C-49F1-B4AB-FF8807D30A1F October P Not Present October P October 5th 3:30 8 0 5th 2:30 4th