Ordinance No. 16,2009. Subrecipient shall maintain property/inventory records which, at minimum, shall
include a description of the property, a serial number or other identification
number, the source of property, who holds title, the acquisition date, the cost of
the property. the percentage of federal participation in the cost of the property,
the location, use and condition of the property. and any ultimate disposition data
including the date of disposal and sale price of the property. Subrecipient shall
develop and implement a control system to prevent loss, damage, or theft of
property and Subrecipient shall investigate and document any loss, damage or
theft of property funded under this grant.
10. FEMA and/or TDEM, through its authorized representatives, have the right at all
reasonable times to make site visits to review project accomplishments and
management control systems and to provide such technical assistance as may
be required If any site visit is made by FEMA or TDEM on the premises of
Subrecipient or a contractor under this grant, Subrecipient must provide and
must require its contractors to provide all reasonable facilities and assistance for
the safety and convenience of the government representatives in the
performance of their duties All site visits and evaluations shall be performed in
such a manner that will not unduly delay the work A final physical site inspection
for eligible scope of work and program compliance may be conducted after the
subrecipient's Project Completion and Certification Report has been submitted
X. Procurement Contracting
Subrecipient shall comply with all applicable federal state. and local laws and
requirements, including but not limited to proper competitive solicitation processes
where required, for any procurement which utilizes federal funds awarded under this
award in accordance with 2 C F R 200 317-327 and Appendix II to Part 200
1 All contracts executed using funds awarded under this award shall contain the
contract provisions listed under 2 C.F.R. 200 327 and Appendix II. Uniform
Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments
2. For each of the following types of procurement, activities must follow the most
restrictive of federal, state, or local procurement regulations.
a Micro purchase
b. Small purchase
c. Sealed bid
d. Competitive proposal
e Non -Competitive proposal (solely when the award of a contract is unfeasible
under the other methods)
Terms and Cond bons — October 2024 Page 9
3_ The State must approve the use of a noncompetitive procurement method.
Federal regulations allow for noncompetitive procurements under certain
circumstances, including when a non -state entity determines that immediate
actions required to address the public exigency or emergency cannot be delayed
by a competitive solicitation Failure to follow eligible procurement methods will
result in ineligible costs. Other types of agreements for services must have State
approval prior to use or execution A copy of the local procurement policy must be
provided to the State before initial payment.
4. Contracts attributed as "cost -plus -percentage -of -cast" or "percentage -of -
construction -cost" are explicitly prohibited by Federal procurement standards and
are ineligible for FEMA grants-
5- Subrecipients must perform cost/price analysis for every procurement action in
excess of the Simplified Acquisition Threshold,
6. Subrecipients must negotiate profit as a separate element where required.
7 Subrecipients must not make any award to any party which is debarred or
suspended, or is otherwise excluded from participation in the Federal assistance
programs (Executive Order 12549, Debarment and Suspension).
a Subrecipient must maintain documentation validating review of debarment list
of eligible contractors. Evidence of non debarment for vendors must be
documented through SAM gov and
http.//www window.state tx.uslproctirement/progJvendor performance/debarr
ed/ and submitted for review. TDEM will not reimburse any expense for a
debarred vendor or a vendor or Subrecipient that does not have a valid
SAM.gov registration.
8. Subrecipients must comply with rules related to underutilized businesses (small
and minority businesses, women's enterprises and labor surplus firms) at
C.F R F1200 321_
9. Subrecipients must comply with the rules of recovered materials for procurements
at 2 C F.R U00 323.
10. Subrecipients must comply with the rules for domestic preferences for
procurements at 2 C F R § 200 322.
XI Monitoring
Subrecipient will be monitored periodically by federal, state, or local entities, both
programmatically and financially. to ensure that project goals, objectives.
Terms and Conditions — October 2024 Page 110
performance requirements, timelines, milestone completion, budget, and other
program -related criteria are met.
a. TDEM, or its authorized representative, reserves the right to perform periodic
desk/office-based and/or on -site monitoring of subrecipienfs compliance with
this award and of the adequacy and timeliness of subrecipient's performance
pursuant to this award.
b. After each monitoring visit, if the monitoring visit reveals deficiencies in
subrecipient's performance under this grant, a monitoring report will be
provided to the subrecipient that includes requirements for the timely
correction of such deficiencies by subrecipient. Failure by subrecipient to take
action(s) specified in the monitoring report may be cause for suspension or
termination of this award pursuant to the Changes, Amendments,
Suspensions or Termination Section (XIII) herein.
Xli. Audit
Subrecipients expending $750,000 or more in total federal financial assistance in a
fiscal year will be required to provide an audit made in accordance with OMB
Uniform Guidance; Cost Principles, Audit, and Administrative Requirements for
Federal Awards, Subpart F. Consistent with 2 CFR 200.101(a)(2), Single Audit
requirements do not apply to for -profit entities.
1. A copy of the Single Audit must be submitted to TDEM or your cognizant state
agency within nine months of the end of the subrecipient's fiscal year. If not
required to submit a single audit, a response to the request will suffice. Failing to
follow the regulation can result in significant adverse consequences including
any action listing in the Enforcement Section (XV) of this agreement
Subrecipient must give FEMA, the Comptroller General of the United States, the
Texas State Auditor, TDEM, or any of their duly authorized representatives access
to and the right to conduct a financial or compliance audit of funds received, and
performances rendered under this award. Subrecipient must permit TDEM or its
authorized representative to audit subrecipient's records. Subrecipient must provide
any documents, materials, or information necessary to facilitate such audit.
1. Subrecipient understands and agrees that it is liable to TDEM for any costs
disallowed pursuant to any financial or compliance audit(s) of these funds.
Subrecipient further understands and agrees that reimbursement to TDEM of
such disallowed costs shall be paid by Subrecipient from funds that were not
provided or otherwise made available to the subrecipient pursuant to this award
or any other federal contract.
2. Subrecipient must take such action to facilitate the performance of such audit(s)
Perms and Conditions — October 2024 Page 111
conducted pursuant to this section as TDEM may require of Subrecipient,
Subrecipient must ensure that this clause concerning the authority to audit funds
received indirectly by subcontractors through Subrecipient and the requirement
to cooperate is included in any subcontract it awards.
3 Subrecipient understands that acceptance of funds under this award acts as
acceptance of the authority of the State Auditor's Office to conduct an audit or
investigation in connection with those funds_ Subrecipient further agrees to
cooperate fully with the State Auditor's Office's audit or investigation, including
providing all records requested. Subrecipient must ensure that this clause
concerning the State Auditor's Office's authority to audit funds and the
requirement to cooperate fully with the State Auditor's Office is included in any
subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall
at any time have access to and the rights to examine, audit, excerpt, and
transcribe any pertinent books documents, working papers, and records of
Subrecipient relating to this award.
Ilt_ Retention and Accessibility of Records
Subrecipient shall follow its own internal retention policy, or the State's retention
policy, whichever is more restrictive. At a minimum, the subrecipient must maintain
fiscal records and supporting documentation for all expenditures of this award's
funds pursuant to the applicable OMB 2 C.F.R. Subpart D — Post Federal Award
Requirements, §200 334-33_ , and this agreement.
1. Subrecipient shall retain these records and any supporting documentation for a
minimum of three (3) years from the later of the completion of this project's public
objective, submission of the final expenditure report or any litigation, dispute, or
audit
2 Records shall be retained for three (3) years after any real estate or equipment
final disposition
3. FEMA or TDEM may direct subrecipient to retain documents or to transfer certain
records to FEMA custody when FEMA determines that the records possess long
term retention value
Subrecipient must give FEMA, the Comptroller General of the United States. the
Texas State Auditor, TDEM, or any of its duly authorized representatives, access to
and the right to examine all books accounts. records, reports, files, other papers,
things, or property belonging to or in use by subrecipient pertaining to this award
including records concerning the past use of FEMA funds. Such rights to access
shall continue as long as the records are retained by Subrecipient
Terms and Conditions — October 2024 Page 1 12
XIV. Changes, Amendments, Suspensions or Termination
TDEM may modify this agreement after an award has been made. Once notification
has been made in writing, any subsequent request for funds indicates Subrecipient's
acceptance of the changes to this subrecipient award. Any alteration, addition, or
deletion to this agreement by subrecipient is not valid.
Any alterations, additions, or deletions to this agreement that are required by changes
in federal and state laws, regulations, or policy are automatically incorporated into this
agreement without written amendment to this award and shall become effective upon
the date designated by such law or regulation. in the event FEMA or TDEM
determines that changes are necessary to this agreement after an award has been
made, including changes to the period of performance of the award, or terms and
conditions, the certifying official shall be notified electronically of the changes in
writing. Once notification has been made, any subsequent request for refunds will
indicate subrecipients acceptance of the changes to this award.
1. In the event subrecipient fails to comply with any term of this grantor agreement,
TDEM may, upon written notification to subrecipient, suspend this award, in whole or
in part, withhold payments to Subrecipient, and prohibit Subrecipient from incurring
additional obligations of this grant's funds.
2. TDEM has the right to terminate this award, in whole or in part, at any time before the
end of the Performance Period, if TDEM determines that subrecipient has failed to
comply with any terms of this grant. TDEM shall provide written notice of the
termination that includes:
a. The reason(s) for such determination;
b. The effective date of such termination; and
c. The scope of the termination of the award.
d. Termination of an award is final.
XV. Enforcement
If subrecipient materially fails to comply with any term of this award or agreement,
whether stated in a federal or state statute or regulation, an assurance, in a state plan
or application, a notice of award, or elsewhere, TDEM or FEMA may take one or
more of the following actions, as appropriate in the circumstances:
1. Increased monitoring of projects and require additional financial and performance
reports;
2. Require all payments as reimbursements rather than advance payments;
Terms and Conditions — October 2024 Page 113
3. Temporarily withhold payments pending correction of the deficiency;
4. Disallow or deny use of funds and matching credit for all or part of the cost of the
activity or action not in compliance;
5. Request FEMA to wholly or partially de -obligate funding for a project;
6. Withhold cash payments pending correction of the deficiency bysubrecipient or
more severe enforcement action by TDEM or FEMA;
7. Withhold future awards for the grant program; and
B. Take other remedies that may be legally available
In taking an enforcement action, TDEM will adhere to any administrative proceeding
to which Subrecipient is entitled under any statute or regulation applicable to the
action involved, and where TDEM, as the recipient, is obligated to follow.
The costs to a subrecipient resulting from expenses incurred by the subrecipient
during a suspension or after termination of this award are not allowable.'
The enforcement remedies identified in this section, including suspension and
termination, do not preclude subrecipient from being subject to "Debarment and
Suspension" under Executive Order 12549. 2 C.F.R., Appendix it Part 200, (1).
XVI. Conflicts of Interest
The subrecipient must maintain and provide upon request written standards of
conduct covering conflicts of interest and governing the actions of its employees
engaged in the selection, award and administration of contracts and must establish
safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of
interest or personal gain.
XVII. Closing of this Award
TDEM will close each subaward after receiving all required final documentation and
a certified project completion report from the subrecipient. If the close out review and
reconciliation indicates that subrecipient is owed additional funds, TDEM will send
the final payment automatically to subrecipient. If Subrecipient did not use all the
funds received, TDEM will recover the unused funds. This does not affect:
1. FEMA or TDEM's right to disallow costs and recover funds on the basis of a
later audit or other review;
2. Subrecipient's obligation to return any funds due as a result of later refunds,
Terms and Conditions — October 2024 Page 114
corrections, or other transactions;
3. Records retention requirements, property management requirements, and audit
requirements, as set forth herein; and
4. Any other provisions of this award that impose continuing obligations on
Subrecipient or that govern the rights and limitations of the parties to this award
after the expiration or termination of this award.
XVIII. Notices
All notices and other communications pertaining to this agreement shall be delivered
in electronic format and shall be transmitted in TDEM's Grant Management System,
hereinafter referred to as "GMS". TDEM reserves the right to use other delivery
avenues as needed.
XIX. TDEM Grants Management System
TDEM requires the use of the TDEM's Grants Management System (GMS) for
subrecipient grant management functions. Subrecipient is required to access GMS
for all grant related functions as required by TDEM unless written authorization from
TDEM is given. Requested forms and processes may be adjusted and changed to
accommodate GMS processes and requirements.
Subrecipient agrees to monitor GMS as necessary to properly manage and
complete awarded projects under this agreement. Paper forms and email requests
to initiate grant management functions within GMS are not accepted.
XX. Performance Period
The performance period for this award is listed on the subaward letter for each
project. All projects must be completed within the performance period and within the
approved budget. Subrecipient shall have expended all award funds and must
submit final requests for reimbursements, invoices, and any supporting
documentation to TDEM no later than 60 calendar days after the end of the
performance period_ TDEM is not obligated to reimburse expenses incurred after the
performance period or submitted after the deadline.
From time to time, the performance period for grants may be extended by TDEM.
These extensions do not change the established performance periods for
subrecipients to submit final requests for reimbursements, invoices, and any
supporting documentation.
1. All work must be done prior to the approved project completion deadline
assigned to each project.
Terms and Conditions — October 2024 Page 115
2. Should additional time be required, a time extension request must be submitted
which:
a. Identifies the projects requiring an extension;
b. Explains the reason for an extension;
c. Indicates the percentage of work that has been completed;
d. Provides an anticipated completion date;
e. Provides detailed milestones documenting expected progress.
The reason for an extension must be based on extenuating circumstances, or
unusual project requirements that are beyond the control of Subrecipient. Failure to
submit a time extension request 90 days prior to the end of the period of
performance may result in denial, or reduction or withdrawal of federal funds for
approved work.
XXI. Cost/Scope Modification
Any change to a project's approved scope of work must be reported and approved
through TDEM and FEMA before starting the work. Failure to do so will jeopardize
award funding.
Subrecipient shall submit requests for cost overruns to TDEM for review. Any
requests will be submitted to FEMA for review and approval. Approval of these
requests is not guaranteed and is subject to funding availability. Costs incurred prior
to approval of any scope or budgettcost changes may be denied.
XXII. Final Expenditures Report
The Project Completion Report must be submitted to TDEM within 90 days of all
approved work being completed for each project. If any project requires the purchase
of insurance as a condition of receiving federal funds, a copy of the current policy
must be attached to this report and the Applicant's Attestation for Duplication of
Benefits (DOB) form certifying other funds were received to complete the project.
XXIII. Requests for Reimbursement
Subrecipient will request payment of funds on projects by initiating a request for
reimbursement (RFR) in GMS. The request must include documentation supporting
the request.
Payments for open projects must be requested at least quarterly if expenditures have
been made in that quarter. If payment is not requested quarterly, Subrecipient is
subject to enforcement mechanisms described in the Enforcement section (XIV).
Terms and Cond'tions — October 2024 Page; 16
Additional monitoring may be required of subrecipients if funds are advanced
Advances are generally not provided for this program In the event of an extreme or
unusual circumstance, subrecipient may seek TDEM s approval for a partial advance
of funds. Following TDEM's approval, Subrecipient should initiate an Advance of
Funds Request (AFR) through GMS for an advance in the amount approved by
TDEM. Should an AFR be approved, any subsequent RFRs will be used to offset the
advanced funds until costs have been submitted up to the amount advanced.
Reporting Requirements
Subrecipients must submit Performance Progress reports (PPR) on a biannual basis
for open projects using GMS. APRs are due to TDEM the 151h of the month after the
reporting period ends. The reporting period consists of two 6-month periods annualy:
a. July 1 — December 31
b. January 1 — June 30
Failure to submit required PPRs that demonstrate appropriate project progress for
two or more quarters, or Requests for Reimbursement (RFR) not submitted
quarterly, can result in the withholding or de -obligation of funding for subrecipients
until all PPRs are submitted to TDEM
TDEM may use the data provided in PPRs when considering requests for overruns
period of performance extensions or any other award activity. If projects are not
progressing, TDFM will require additional reporting or may take any other
appropriate action to comply with required standards
In conjunction with its reporting obligations Subrecipient agrees to track and provide
all Project Build and Resilience Impact Metrics identified on its project application
Subrecipient further understands that FEMA may impose additional reporting
requirements, and Subrecipient agrees to comply with any and all such additional
requirements.
XXIV Equipment Records
When an individual item of equipment is no longer required for federally -funded
programs or projects Subrecipient must calculate the current fair market value of the
individual item. If items have a fair market value in excess of $5 000 00, Subrecipient
must make TDEM and FEMA aware. For full rules and regulations regarding
purchased equipment, reference 2 C.F.R. 200.313.
Terms and Cond-tions — October 2024 Page 1 17
XXV. Indirect Cost Rates
The subrecipient may use the negotiated Indirect Cost Rate approved by its
cognizant agency, or may use the 10 percent de mFnimis rate of modified total direct
costs (MTDC) (as per 2 C. F. R § 200,414) when claiming administrative costs
XXVI. Request for Information
TDEM and/or FEMA may request additional information from the subrecipient
throughout the life cycle of this grant This process, the Request for Information.
herein referred to as RFI. FEMA RFIs may be received directly from TDEM's Grants
Management System (GMS), FEMA systems, FEMA employees, or indirectly
through TDEM representatives FEMA RFI timeframes may vary but due dates are
always communicated upon transmission of the RFI The TDEM RFI policies can be
found in Exhibits G & H
XXVII. Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations. scope of work. and other conditions set
forth in the Notice of Funding Opportunity (NOFO) for this federal award are
incorporated by reference. All recipients must comply with any such requirements
set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms
and conditions and any such terms of the Award. the condition in the NOFO shall be
invalid to the extent of the inconsistency The remainder of that condition and all
other conditions set forth Mn the NOFO shall remain in effect.
XXVIII. Required Use of American Iron Steel, Manufactured Products and Construction
Materials
Recipients of an award of Federal financial assistance from a program for
infrastructure are hereby notified that none of the funds provided under this award
may be used for a project for infrastructure unless
1) all iron and steel used in the protect are produced in the United States —this
means all manufacturing processes from the initial melting stage through the
application of coatings. occurred in the United States:
2) all manufactured products used in the project are produced in the United States
this means the manufactured product was manufactured in the United States: and
the cost of the components of the manufactured product that are mined, produced
or manufactured in the United States is greater than 55 percent of the total cost of
all components of the manufactured product unless another standard for
Terms and Conditions — October 2024 Page i 18
determining the minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and
3) all construction materials are manufactured in the United States —this means that all
manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a Buy America preference apply to equipment and furnishings, such as movable chairs,
desks, and portable computer equipment, that are used at or within the finished infrastructure
project but are not an integral part of the structure or permanently affixed to the infrastructure
project.
Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these
requirements. The agency should notify the recipient for information on the process for
requesting a waiver from these requirements.
a) When the Federal agency has determined that one of the following exceptions applies,
the awarding official may waive the application of the domestic content procurement
preference in any case in which the agency determines that:
1) applying the domestic content procurement preference would be inconsistent with the
public interest;
2) the types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or of a
satisfactory quality; or
3) the inclusion of iron, steel, manufactured products, or construction materials produced in
the United States will increase the cost of the overall project by more than 25 percent.
A request to waive the application of the domestic content procurement preference must be
in writing. The agency will provide instructions on the format, contents, and supporting
materials required for any waiver request. Waiver requests are subject to public comment
periods of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing waiver
described at "Buy America" Preference'in FEMA Financial Assistance Programs for
Infrastructure I FEMA.gov.
Definitions
The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is
incorporated by reference.
Exhibits
Exhibit A: Assurance -- Non -Construction Programs
See Standard Form 424B)
As the duly authorized representative of subrecipient, I certify that subrecipient
1. Has the legal authority to apply for federal assistance and the institutional,
managerial and financial capability (including funds sufficient to pay the non- federal
share of project cost) to ensure proper planning, management and completion of the
project described in this grant.
2. Will give the Department of Homeland Security, the Texas Division of Emergency
Management the Comptroller General of the United States and, if appropriate, the
State, through any authorized representative, access to and the right to examine all
records, books, papers, or documents related to this grant and will establish a
proper accounting system in accordance with generally accepted accounting
standards or agency directives
3. Will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational
conflict of interest or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of
approval of the awarding agency
5 Will comply with the Intergovernmental Personnel Act of 1970 (42 U S C §§4728-
4763) relating to prescribed standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in Appendix A ofOPM's Standards for
a Merit System of Personnel Administration (5 C F R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination These include but
are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P L 88-352) which
prohibits discrimination on the basis of race color or national origin, (b) Title IX of
the Education Amendments of 1972, as amended (20 U_S.C. §§1681-1683, and
1685.1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of
sex: (c) Section 504 of the Rehabilitation Act of 1973. as amended (29 U S-C. §794).
which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination
Act of 1975. as amended (42U.S.0 §§6101-6107). which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P. L 92
255)_ as amended, relating to nondiscrimination on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P,L. 91-616). as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S C. §§290dd-3 and 290ee-3), as amended, relating to
Terms and Conditions — October 2024 Page 119
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil
Rights Act of 1968 (42 U.S.C.§§3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; (1) any other
nondiscrimination provisions in the specific statute(s) under which agreement for
Federal assistance is being made; and 0) the requirements of any other
nondiscrimination statute(s) which may apply to the application.
7. Will comply or has already complied with the requirements of Titles 11 and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
P.L. 91-646) which provide for fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or federally -assisted programs.
These requirements apply to all interests in realproperty acquired for project
purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508
and 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C.
276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and
the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333),
regarding labor standards for federally -assisted construction sub -agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the program and to
purchase flood insurance if the total cost of insurable construction and acquisition is
10,000.00 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the
following: (a) institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L, 91-190 as amended by 42 U.S.C. 4311 et
seq. and Executive Order (EO) 11514) which establishes national policy goals and
procedures to protect and enhance the environment, including protection against
natural disasters. To comply with NEPA for FEMAgrant-supported activities, FEMA
requires the environmental aspects tome reviewed and evaluated before final action
on the application; (b) notification of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with
the approved State management program developed underthe Coastal Zone
Management Act of 1972 (16 U.S.C.§§1451 et seq.); (f) comply with the Clean Air
Act of 1977, (42 U.S.C.§§7401 et seq. and Executive Order 11738) providing forthe
protection of and enhancement of the quality of the nation's air resources to promote
public health and welfare and for restoring and maintaining the chemical, physical,
Terms and Conditions — October 2024 Page 120
and biological integrity of the nation's waters; (g) protection of underground sources
of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-
523); and, (h) protection of endangered species under the Endangered Species Act
of 1973, as amended (P.L. 93- 205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 etseq.)
related to protecting components or potential components of the national wild and
scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593
identification and protection of historic properties), and theArchaeological and
Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 etseq.).
14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026-
044 (Directive) regarding the protection of human subjects involved in research,
development, and related activities supported by this Grant. "Research" means a
systematic investigation, including research, development, testing, and evaluation
designed to develop or contribute to general knowledge. See Directive for
additional provisions for including humans in the womb, pregnant women, and
neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also
state and local law for research using autopsy materials.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as
amended, 7 U.S.C. §§2131 et seq.) which.requires the minimum standards of care
and treatment for vertebrate animals bred for commercial sale, -used in research,
transported commercially, or exhibited to the public according to the Guide for Care
and Use of Laboratory Animals and Public Health Service Policy and Government
Principals Regarding the Care and Use of Animals.
16. Will.comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C.§§4801
et seq.), which prohibits the use of lead -based paint in construction or rehabilitation of
residence structures.
17. Will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-
133 (now OMB 2 C.F_R. 200.500), "Audits of States, Local Governments, and Non -
Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive
orders, regulations, grant guidance, and policies governing this Grant.
Terms and Conditions — October 2024 Page 121
Exhibit B: Assurances - Construction Programs
See Standard Form 424D)
As the duly authorized representative of subrecipient, I certify that subrecipient_
1 Has the legal authority to apply for federal assistance. and the institutional,
managerial and financial capability (including funds sufficient to pay the non-federal
share of project costs) to ensure properplanning. management and completion of
project described in this Grant
2. Will give the Department of Homeland Security, the Texas Division of Emergency
Management, the Comptroller General of the United States and, if appropriate, the
State, the right to examine all records books. papers, or documents related to this
grant and will establish a proper accounting system in accordance with generally
accepted accounting standards or agency directives
3. Will not dispose of. modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions from the
awarding agency. Will record the federal awarding agency directives and will include
a covenant in the title of real property acquired in whole or in part with federal
assistance funds to assure nondiscrimination during the useful life of this Grant.
4 Will comply with the requirements of the assistance awarding agency with regard to
the drafting. review and approval of construction plans and specifications.
5 Will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved plans
and specifications and will furnish progressive reports and such other information as
may be required by the awarding agency or State
6 Will initiate and complete the work within the applicable time frame afterreceipt of
approval of the awarding agency
7 Will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational
conflict of interest or personal gain
8 Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-
4763) relating to prescribed standards of merit systems for programs funded under
one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for
a Merit System of Personnel Administration (5 C F.R. 900. Subpart F)
9 Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S. C §§4801
et seq ) which prohibits the use of lead -based paint in construction or rehabilitation
of residence structures
Terms and Conditions — October 2024 Page 122
10. Will comply with all federal statutes relating to nondiscrimination. These include but
are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which
prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the
Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-
1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of
1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the
basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended relating to nondiscrimination on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Civil
Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statue(s) under which agreement for
Federal assistance is being made; and (j) the requirements of any other
nondiscrimination statue(s) which may apply to the agreement.
11. III comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-
7328) which limit the political activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
12. Will comply or has already complied with the requirements of Titles 11 and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
P.L. 91-646) which provide for fair and equitable treatment of persons displaced or
whose property is acquired as a resultof federal and federally -assisted programs.
These requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases.
13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C.
276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and
the Contract Work Hours and Safety Standards Act(40 U.S.C. §§327- 333)
regarding labor standards for federally- assisted construction sub -agreements.
14. Will comply with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P:L. 93-234) which requires recipients in a
special flood hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and acquisition is $10,000 or
more.
15. Will comply with environmental standards which may be prescribed pursuant to the
Terms and Conditions —October 2024 Page 123
following: (a) institution of environmental quality control measures under the
National Environmental Policy Act of 1969 (P.L. 91-190) as amended by 42 U.S.C.
4311 et seq. and Executive Order (EO) 11514 which establishes national policy
goals and procedures to protect and enhance the environment, including protection
against natural disasters; (b) notification of violating facilities pursuant to EO 11738:
c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project consistency with
the approved State management program developed under.the Coastal Zone
Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air
Act of 1977, (42 U.S.C.§§7401 et seq. and Executive Order 11738) providing for
the protection of and enhancement of the quality of the nation's air resources to
promote public health and welfare and for restoring and maintaining the chemical,
physical, and biological integrity of the nation's waters; (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974,
as amended (P.L. 93-523); and, (h) protection of endangered species under the
Endangered Species Act of1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.)
related to protecting components or potential components of the national wild and
scenic rivers system.
17. Will assist the awarding agency in assuring compliance with Section,106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO
11593 (identification and protection of historic properties), -and the Archaeological
and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and OMB Circular No.
A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local Governments, and Non -
Profit Organizations."
19. Will comply with the Build America,BuyAmericaAct(BABAA),whichwasenactedas
partofthe Infrastructure Investment and Jobs Act §§ 70901-70927, Pub. L. No.117-58
2021); and Executive Order 14005, Ensuring the Future is Made in AIIofAmerica byAll
of America's Workers. See also 2 C.F.R. Part184 and Office of Management and Budget (
OMB) Memorandum M-24-02, Implementation Guidance on Application of Buy America
Preference in Federal Financial Assistance Programs for Infrastructure, None ofthefunds
provided underthis program maybe used fora projectfor infrastructure unlessthe
iron and steel, manufactured products, and construction materials used in that
infrastructure are produced in the United States. 20.
Will comply with all applicable requirements of all other Federal laws, executive orders,
regulations, grant guidance and policies governing this grant. Terms
and Conditions — October 2024 Page 124
Exhibit C: Certifications for Grant Agreements
The undersigned, as the authorized official certifies the following to the best of hi,,, -..'her
knowledge and belief:
1. No federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned to any person for influencing or attempting to influence an officer or
employee of an agency a Member of Congress, an officer or employee of Congress,
or an employee or a Member of Congress in connection with the awarding of any
federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation.
renewal, amendment or modification of any Federal contract, grant, loan, or
cooperative agreement
2 If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee or a Member of Congress in connection with this federal contract, grant,
loan or cooperative agreement, the undersigned shall complete and submit Standard
Form-LL L Disclosure of Lobbying Activities. in accordance with its instructions
3 The undersigned shall require that the language of this certification prohibiting
lobbying be included in the award documents for all subawards at all tiers (including
subcontracts. subgrants and contracts under grants. loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance wasplaced when
this transaction was made or entered into Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31 U S. Code Any person who fails to file the required certification shall be
subjectto a civil penalty of not less than $10 000 and not more than $100,000 for
each such failure
4 As required by Executive Order 12549 Debarment and Suspension and
implemented at 28 C F R Part 67 for prospective participants in primary covered
transactions, as defined at 28 C F R Part 67. Section 67 510 (Federal Certification).
the subrecipient certifies that it and its principals and vendors -
a Are not debarred. suspended. p--oposed for debarment, declared ineligible
sentenced to a denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any Federal department or
agency. Subrecipientcan access debarment information by going to
www.sam.gov and the State Debarred Vendor List at:
www window state.tx.us/procurement/grogrvendor_performance/debarred.
Terms and Conditions — October 2024 Page 125
b. Have not within a three-year period preceding this grant been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
federal, state, or local) transaction or contract under a public transaction,
violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, malting false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) withcommission of any of the
offenses enumerated in paragraph (D)(2) of this certification;
d. Have not within a three-year period preceding this grant had one or more public
transactions (federal, state, or local) terminated for cause or default; or
e. Where subrecipient is unable to certify to any of the statements in this
certification, he or she shall attach an explanation to this grant. (Federal
Certification).
5. Federal funds will be used to supplement existing funds, and will not replace
supplant) funds that have been appropriated for the same purpose. Subrecipient
may be required to supply documentation certifying that a reduction in non-federal
resources occurred for reasons other than the receipt or expected receipt of federal
funds.
6. Subrecipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving
grant funds and subrecipient will require such compliance in any subgrants or
contract at the next tier.
7. Subrecipient will comply with the Drug -free Workplace Act, in Subpart B of 2 C.F.R.
Part 3001.
8. Subrecipient is not delinquent on any federal debt. Examples of relevant debt
include delinquent payroll and other taxes, audit disallowances, and benefit
overpayments. See OMB Circular A-1 29 and form SF-424, item number 17 for
additional information andguidance.
9. Subrecipient will comply with all applicable requirements of all other federal laws,
executive orders, regulations, program and administrative requirements, policies and
any other requirements governing this grant.
10. Subrecipient understands that failure to comply with any of the above assurances
may result in suspension, termination orreduction of funds in this grant.
Terms and Conditions -- October 2024 Page 126
Exhibit D: State of Texas Assurances
As the duly authorized representative of subrecipient, I certify that subrecipient:
1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer,
employee, or member of the Subrecipient's governing body or of the Subrecipient's
contractor shall vote or confirm the employment of any person related within the
second degree of affinity or the third degree of consanguinity to any member of the
governing body or to any other officer or employee authorized to employ or supervise
such person. This prohibition shall not prohibit the employment of a person who shall
have been continuously employed for a period of two years, or such other period
stipulated by local law, prior to the election or appointment of the officer, employee,
or governing body member related to such person in the prohibited degree.
2. Shall insure that all information collected, assembled, or maintained by the
Subrecipient relative to a project will be available to the public during normal
business hours in compliance with Texas Government Code, Chapter 552, unless
otherwise expressly prohibited by law.
3. Shall comply with Texas Government Code, Chapter 551, which requires all regular,
special, or called meetings of governmental bodies to be open to the public, except
as otherwise provided by law or specifically permitted in the Texas Constitution.
4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to
a person who is in arrears on child support payments.
5. Shall not contract with or issue a license, certificate, or permit to the owner, operator,
or administrator of a facility if the Subrecipient is a health, human services, public
safety, or law enforcement agency and the license, permit, or certificate has been
revolted by another health and human services agency or public safety or law
enforcement agency.
6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement
pursuant to Chapter 1701, Texas Occupations Code, orshall provide the grantor
agency with a certification from the Texas Commission on Law Enforcement that the
agency is in the process of achieving compliance with such rules if the Subrecipient
is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701.
7. Shall follow all assurances. When incorporated into a grant award or contract,
standard assurances contained in the application package become terms or
conditions for receipt of grant funds. Administering state agencies and subrecipients
shall maintain an appropriate contract administration system to ensure that all terms,
conditions, and specifications are met. (See UGMS Section _.36 for additional
guidance on contract provisions).
Terms and Conditions — October 2024 Page l 27
8. Shall comply with the Texas Family Code, Section 261.101, which requires
reporting of all suspected cases of child abuse to local law enforcement authorities
and to the Texas Department of Child Protective and Regulatory Services.
Subrecipient shall also ensure that all program personnel are' properly trained and
aware of this requirement.
9. Shall comply with all federal statutes relating to nondiscrimination. These include but
are not limited to: (a) Title Wof the Civil Rights Act of 1964 (P.L. 88-352), which
prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of
the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits
discrimination on the basis of handicaps and the Americans with Disabilities Act of
1990 including Titles I, 11, and III of the Americans with Disability Act which prohibits
recipients from discriminating on the basis of disability in the operation of public
entities, public and private transportation systems, places of public accommodation,
and certaintesting entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination
Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; (0 the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the
nondiscrimination on the basis of alcohol abuse or alcoholism; (g)§§523 and 527 of
the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; (h)
Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental, or financing of housing; (I) any other
nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and 0) the requirements of any other
nondiscrimination statute(s) which may apply to this grant.
10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C.
276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the
Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding
labor standards for federally assisted construction subagreements.
11. Shall comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (P.L. 91- 646), which provide
for fair and equitable treatment of persons displaced or whose property is acquired
as a result of Federal or federally assisted programs. These requirements apply to all
interests in real property acquired for project purposes regardless of Federal
participation in purchases.
12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-
Terms and Conditions -- October 2024 Page 128
29), which limit the political activity of employees whose principal employment
activities are funded in whole or in part with Federal funds.
13. Shall comply with the minimum wage and maximum hours provisions of the Federal
Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as
applicable.
14. Shall insure that the facilities under its ownership, lease, or supervision which shall
be utilized in the accomplishment of the project are not listed on the Environmental
Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal
grantor agency of the receipt of any communication from the Director of the EPA
Office of Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA (EO 11738).
15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires
the purchase of flood insurance in communities where such insurance is available as
a condition for the receipt of any Federal financial assistance for construction or
acquisition proposed for use in any area that has been identified by the Secretary of
the Department of Housing and Urban Development as an area having special flood
hazards.
16. Shall comply with environmental standards which may be prescribed pursuant to the
following: (a) institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b)
notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance
with EO 11988; (e) assurance of project consistency with the approved state
management program developed under the Coastal Zone Management Act of 1972
16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1977, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of
drinking water underthe Safe Drinking Water Act of 1974, as amended (P.L. 93-
523); and (h) protection of endangered species under the Endangered Species Act
of 1973, as amended (P.L. 93-205).
17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq
related to protecting components or potential components of the national wild and
scenic rivers system.
18. Shall assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593
identification and protection of historic properties), and the Archaeological and
Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).
Terms and Conditions -- October 2024 Page 129
19 Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 544, as
amended, 7 U.S C. §§2131 et seq.) which requires the minimum standards of care
and treatment for vertebrate animals bred for commercial sale, used in research,
transported commercially, or exhibited to the public according to the Guide for Care
and Use of Laboratory Animals and Public Health Service Policy and Government
Principals Regarding the Care and Use of Animals
20 Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S C §§4801
et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of
residential structures.
21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which
prohibits smoking within any portion of any indoor facility used for the provision of
services for children.
22. Shall comply with all federal tax laws and are solely responsible for filing all required
state and federal tax forms
23 Shall comply with all applicable requirements of all other federal and state laws.
executive orders regulations. and policies governing this program
24 And its principals are eligible to participate and have not been subjected to
suspension, debarment or similar ineligibility determined by any federal. state. or
local governmental entity and it is not listed on a state or federal government s
terrorism watch list as described in Executive Order 13224 Entities ineligible for
federal procurement have Exclusions listed at SAM gov.
25 Shall adopt and implement applicable provisions of the model HIV/AIDS workplace
guidelines of the Texas Department of Health as required by the Texas Health and
Safety Code, Ann Sec 85 001. et seq
Terms and Conditions - October 2024 Page 30
Exhibit E: Environmental Review
As the duly authorized representative of subrecipient, I certify that subrecipient:
1. Shall assess its federally funded projects for potential impact to environmental
resources and historic properties.
2. Shall submit any required screening form(s) as soon as possible and shall comply
with deadlines established by TDEM. Timelines for the Environmental Planning and
Historic Preservation (EHP) review process will vary based upon the complexity of
the project and the potential for environmental or historical impact.
3. Shall include sufficient review time within its project management plan to comply with
EHP requirements. initiation of any activity prior to completion of any required EHP
review will result in a non-compliance finding and TDEM will not authorize or release
Grant funds for non -compliant projects.
4. As soon as possible upon receiving this grant, shall provide information to TDEM to
assist with the legally required EHP review and to ensure compliance with applicable
EHP laws and Executive Orders (EO) currently using the FEMA Environmental and
Historic Preservation Screening Form and submitting it, with all supporting
documentation, to TDEM for review. These EHP requirements include but are not
limited to the National Environmental Policy Act, the National Historic Preservation
Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 —
Protection of Wetlands, and EO 12898 — Environmental Justice. Subrecipient shall
comply with all Federal, State, and local EHP requirements and shall obtain
applicable permits and clearances.
b: Shall not undertake any activity from the project that would result in ground
disturbance, facility modification, or purchase and use of sonar equipment without
the prior approval of FEMA. These include but are not limited to communications
towers, physical securityenhancements involving ground disturbance, new
construction, and modifications to buildings.
6. Shall comply with all mitigation or treatment measures required for the project as the
result of DOE's EHP review. Any changes.to an approved project description will
require re-evaluation for compliance with EHP requirements before the project can
proceed.
7. If ground disturbing activities occur during project implementation, subrecipient shall
ensure monitoring of ground disturbance and if any potential archeological resources
are discovered, subrecipient shall immediately cease construction in that area and
notify FEMAand the appropriate State Historical Preservation Office.
Terms and Conditions — October 2024 Page 131
Exhibit F: Request for Information Policy
Timelines for providing complete and accurate Information and documentation are
crucial to the success of the overall Grant Program and to the timely completion and
closure of awarded projects TDEM has developed a framework following a progressive
series of communications for the Subrecipient. referred to as Request for Information
RFI). TDEM will work with Subrecipients throughout the RFI process as communication
is the key to success.
This policy will be applied to FEMA projects after obligation. This policy will address
non -responsive and inadequate responses to requests for information. Although the
timeline outlines milestones to be completed. nothing limits the ability of TDEM from
sending communications
TDEM regional coordinators or the Support Affiliate will reach out to
Subrecipients primary contact requesting the information needed
Communication will be documented in GMS
If adequate response is not rece-ved TDEM Regional Unit Chief wi I
reach out to Subrecipient primary contact Communication w II be
i . 1 documented in GMS
If adequate response is not received TDEM Regional Section Chief w:ll
reach out to Subrecipient primary contact Communication will be
1 documented in GMS
If adequate response is not rece ved TDEM regional coordinator o-
Support Affioate wil: send a letter signed by the Regiona Unit or
Day 1 Section Chief notifying the s.,brecipient of the m ssed deadline and any
action that will be taken
If Subrecipient regwires additional time a written request must be
Extension submitted to the Regional Coord nator no later than Day 30
Request Extenspons wi-1 be approved at TDEM s d scretion and up to 30 days
may be granted in total an RFI will have a w ndow of no more than
60 days
If adequate response is not rece,ved TDEM regional coordinator wr.
send a 'etter signed by the Regional Un-t or Section Chief not.fy ng theEndofsubrecipientofthemisseddeadlineandanyactionthatwillbetaken
Terms and Conditions — October 2024 Page 132
Exhibit G: Recoupment of Federal Funds Procedure Summary
This procedure is to ensure responsible spending of federal dollars, 2 CFR §
200.344 and 2 CFR §200 345 require that the State of Texas and the Texas
Division of Emergency Management (TDEM) act to identify and recover any
improper payments
This procedure applies to all Division subrecipients that receive funds from or
through TDEM and explains the process by which funding to subrecipients will be
recovered in the event that such funding is determined to be an overpayment or is
not expended appropriately under the terms and conditions between TDEM and the
subrecipient and/or applicable FEMA program, statute, regulations, or guidance_
The federal dollars described in this policy are passed through the Division, which
serves as the Governors authorized representative for certain federal grants and
awards_ Any amount of debt owed to the federal government is ultimately the
responsibility of the State of Texas. not specifically the responsibility of the Division.
Procedure
1. Applicability of Recoupment
1 1 This procedure will be applied to subrecipients that have been determined by the
Division to have received an overpayment or that the Division determines has
not spent federal funds in accordance with their grant or financial award
2 Recipient's Responsibilities
2 1 subrecipients are required to sign Grant Terms and Conditions prior to receipt of
funds that stipulate subrecipients shall refund to the Division any sum that has
been determined by the Division to be an overpayment to Subrecipient or that
the Division determines has not been spent by Subrecipient in accordance with
their grant or financial award
2.2 No refund payment(s) shall be made from local. state or federal grant funds
unless repayment with grant funds is specifically permitted under the applicable
program.
2.3. Subrecipients shall make such refund to the Division within thirty (30) calendar
days after the Division requests such refund.
Terms and Conditions - October 2024 Page 133
3. Division Collection Actions
3.1. Upon determination that a subreciplent has received an overpayment or has not
expended funds in accordance with the grant or fiscal award, the following steps
will be taken:
3.1.1. First Formal Communication: A recoupment letter will be sent to the
subrecipient's Authorized Agent(s) highlighting the amount of federal
funds owed, electronic transfer information, and the requirement to repay
the amount within thirty (30) calendar days.
3.1.1.1. The communication will be sent using electronic mail to the
designated agent identified in the grant/funding application, and;
3.1.1.2. Posted in TDEM's Grants Management System (GMS), and;
3.1.2. The Division will confirm receipt of the recoupment letter by either
receiving a written confirmation from the subrecipient or making
documented verbal contact with the subrecipients designated agent,
mayor, or county judge as applicable.
3.1.3. If the subrecipient fails to make repayment of the amount identified in the
recoupment letter within thirty (30) business days of receipt of the letter,
the Division may offset an applicant's owed funds against current available
funding due to applicant unless an agreement to return funding is reached
with the applicant as approved by TDEM.
3.1.4. If the repayment is not made, the Division shall send an additional notice
to the subrecipient by electronic mall and posted to the TDEM Grants
Management System (GMS) thirty (30) to forty-five (45) days after the first
letter was sent and then confirm receipt of the recoupment letter by either
receiving a written confirmation from the subrecipient or making
documented verbal contact with the subrecipients designated agent,
mayor, or county judge as applicable. This letter will indicate the amount
of funds that have been transferred to offset the amount due and
remaining balance or will confirm if offset will occur. In addition, the letter
will contain information related to recoupment options that may be taken in
accordance with section 3.2 Delinquent Accounts.
Terms and Conditions — October 2024 Page 134
3.1.5. If the repayment is not made after the second letter, the Division shall
send a third notice to the subrecipient by electronic mail and posted to the
TDEM Grants Management System (GMS) thirty (30) to forty-five (45)
days after the second letter was sent and then confirm receipt of the
recoupment letter by either receiving a written confirmation from the
subrecipient or making documented verbal contact with the subrecipients
designated agent, mayor, or county judge as applicable. This letter will
indicate the amount of funds that have been transferred to offset the
amount due and remaining balance or will confirm if offset will occur. In
addition, the letter will contain information related to recoupment options
that may be taken in accordance with section 3.2 Delinquent Accounts.
3.1.6. If the subrecipient fails to make repayment of the amount identified in the
recoupment letter or enter an agreement to repay the funding with the
Division approved by TDEM within one hundred twenty (120) days from
the date that the original recoupment letter was sent, the Division will take
any and all authorized actions to withhold funding for other grants,
including issuing a State Comptroller Warrant Hold and/or referring the
matter to the attorney general. The Division shall notify the subrecipient of
any such decision.
3.2. Delinquent Accounts
3.2.1. Delinquency Determination
3.2.1.1. if a subrecipient fails to make repayment of the amount identified in
the recoupment letter or enter an agreement approved by TDEM to
repay the funding with the Division within 120 days from the date the
original recoupment letter was sent, the Division may determine that
the account is delinquent.
3.2.1.2. At TDEM's sole discretion, TDEM may authorize payment plans that
fully reimburse the full amount owed over a 1-9-month period or prior
to the end of the grant period. From time to time, variances in
approved timelines may occur based on the phase of the grant
process and other timelines determined by FEMA such as periods of
performance and closeout liquidation periods.
3.2.1.3. Should a subrecipient enter into a payment plan and then fail to make
more than one timely payment, the payment plan shall be considered
invalid and the full balance shall be due within 30 calendar days. If
payment is not made within 30 days, the actions contained within
Section 3.1.7 and Section 3.2.
Terms and Conditions — October 2024 Page 135
3.2.2. Warrant Hold Process
3.2.2.1. Once the Division has determined that the debt is delinquent, the
Division may utilize the state comptroller's warrant hold process to
ensure payments are not issued to the individual or entity that is
indebted to the state.
3.2.3. Referral to the Attorney General
3.2.3.1. Once the account is determined to be delinquent, the Division may
determine whether to refer the account to the Attorney General
through the System Office of the General Counsel.
3.2.3.2. The determination as to the manner in which to pursue the collection
of the account must consider the following:
3.2.3.2.1. The size of the debt;
3.2.3.2.2. The existence of any security or collateral;
3.2.3.2.3. The likelihood of collection through passive means;
3.2.3.2.4. The cost to the Division or Attorney General in attempting to
collect the obligation; and
3.2.3.2.5. The availability of resources within the Division or Attorney
General to devote to the collection of the obligation.
3.2.4. Referral to the Attorney General
3.2.4.1. Upon a determination to refer to the Attorney General, the Division
shall notify the subrecipient of the delinquency status of the account,
including the amount in no more than two mailed letters.
3.2.4.1.1. The first demand letter shall be mailed USPS First Class Mail
within 30 days after the debt has been determined delinquent
and an Attorney General referral is desired.
3.2.4.1.2. The second demand letter shall be mailed USPS First Class
Mail between 30-60 days after the first demand letter was
mailed if repayment of the amount has not occurred.
3.2.4.2. If the Division determines that it will refer the matter to the Attorney
General, it shall, through the System Office of the General Counsel,
notify the Attorney General around the 90th day after the first demand
letter was sent.
Terms and Conditions — October 2024 Page 1 36
3.3.The Division shall maintain codes of all communications with the subrecipients
regarding the recoupment of the grant or financial award funding.
Terms and Conditions — October 2024 Page 137
4 TDEM s Ability to Remedy
Nothing in this procedure shall limit TDEM's ability to implement alternative remedies for
which it has authority to resolve outstanding recoupments
Nothing in this policy shall prohibit TDEM from immediately taking any recoupment
action after the first thirty (30) day notice has been issued requesting repayment
Related Statutes, Policies, or Requirements
Texas A&M University System Regulation 21.01.04
1 Tex. Admin Code Section 59.2
Tex. Gov't Code Section 403,055
Tex Gov t Code Chapter 2107
Texas A&M University System Office Collection and Write-off Guidance
a Texas A&M_University System Regulation 09 04 01
Terms and Conditions — October 2024 Page i 38
Grant Acknowledgement, Agreement and Signature
Please provide your signature next to each item in acknowledgement you have
received, read, understand and agree to abide by the terms.
a;cr L HevaQtd, the undersigned and Certifying Official of
Printed Name
the Ci of Ba own certify that I have read and understand each section of the
Subreciprent Name
of the above agreement. My signatures below serve as Subrecipient agreement to comply
with all laws, rules, regulations, and policy presented
x Agreement Authority
Signatu
K
Signa re
x
Sign*re ---,
Signal re
x
Sig
x
Sign er-e
x 1/1
Sign ure
GG
Agreement (Section I - XXVII)
Exhibit A Assurance — Non -Construction
Programs
Exhibit B: Assurance - Construct!or)
Programs
Exhibit C Certifications for Grant
Agreements
Exhibit D State of Texas Assurances
Exhibit E: Environmental Review
Certification
Exhibit F; Additional Grant Certifications
Terms and Conditions - October 2024 Page 139
Signature
Exhibit G. Request for Information Policy
Exhibit H. Pre -Obligation Request for
Information Policy
Exhibit I; Recoupment of Federal Funds
Exhibit J= Special Terms and Conditions for
Use in Formula Grants Issued Under the
Grid Deployment Office (GDO)
Administrative and Legal Requirements
Document (ALRD)
I understand that by sibning these terms
and conditions, only costs deemed eligible
in the approved scope of work (SOW) for
my award will be reimbursed. Additional
funding or time extensions will not be made
avatiable unless previously approved,
Please sign below to acknowledge subreci ent s acceptance of this grant and all
exhibits and subrecipient s agreement to a de by all terms and conditions.
Signs ure f Certifying
Jason E. Reynolds. City; Manager
Printed Name, Title (e.g., Jane Doe, Mayor)
O'1112025
Date
Terms and Conditions — October 2024 Page 140
ATTACHMENT
BYRD ANTI -LOBBYING AMENDMENT CERTIFICATION
Agreement for Professional Services, Page 21 Rev. 6.10.2025
BAYTOWN
CITY (--)F BAYT(--)\VN
2401 Market Street • P 0 Box 424
BaN-tO.%-n, Texas .I D22-0 L 1
i2SI)420-t>505 • i_S11420-0611 FLK
BIRD ANTI-LOBBYI\G AJIE\D\IE\T C ERTIFICATIO\
Contractors ,xho apply or bld for all award of $100.000 of Illore sllall file the required certification. Each
tier certifies to the tier above that It 11-Ill not and has not used Federal appropriated funds to pay nny person
Of 01.2a111Zatlon for influencing or attempting to influence :ill officer oI' einployee of ally agency, a Member
of L onogesi. officer of employee of C oIlgress. of an employee of a Member of C 011p'esS In coililection \dill
obtaillinally- Federal contract. grant. or wily other an-ai'd covered by ;1 V S. C- 135 2- Each
tief shall also disclose any' lobovIna with non -Federal huhds that takes place ill colllhection with obtaiIiing
any Federal nvard- Such disclosures are forwarded from tier to [lei, LIP to file I ecrpient who ill min
will for-xard the celtificattoll(s) to the an'ardin_ agellcy, APPENDIX
A. 44 C.F.R. PART 18 — CERTIFIC ATION REGARDI\G LOBBYING — REQUIRED FOR
CONTRACTS OVER
S100.000 C'erriffeanor for Conn -arts. Graws Loans, and CooperarneAgreerllerlrs The
llllilel'si2lled certifies. to The best of hiw Qr ]ler knowledge alld belief. that No
Federal appropriated filllds have been paid or -,rill be paid. by or oil behalf of the undersigned. to ails"
persoll for I11tIlIC116112 or attempting to ilifliience all officer of employee of all a2eIlcy. a Member of C
om-ue;, all Officer Cal' employee Of Coll 'ens. 01 all employee of a Menlbel of C oIlg_i-e<. s Ill Connection with
tile aw.11K[1112 of all-- Federal contract. the nhakina of any- Federal Grant, the making of any Federal lodll,
the ellterillz alto Of any Cooperative a•_>IeeIllent. and the extellS10I1. C011T111I1ni1011. relle-xal. amendment. -
ter illodlflcation of mn- Federal contract. 21'311t. lOall. Or COOpel.ative 331'eelllellt 13
Ii' any filll is other than Federal nppropflated funds llnve been paid or will be paid to any person for nlfluencilla
or "memptnlg to influence an officer or employee of anti• "Qencv. a Member of C`otlzcss, an Officer
of elllployee of Congress. of Gill einployee Of 1 Melllber of C01121-ess ill Connection vith tlll Federal
contract. grant. Han. or cooperative a_peenlent. the ulldersirsiled sllall complete and stlbliilt Standard
Forin-LLL. '•Disclosine Form to Report Lobbyin_7... in accordance with its awl-1lCtions The
uuhdersi2ned sllall require that the lan--page of this certification be includes! ill The xvard docullleim
fc,l' all suban'a]'ds at all Tlel> I lllcltidln2 subcontract-. subn'allti. and colltricts ulldei' zrmt,. loads.
and cooperatlre a21'ee111e11T5 h and Thai all iubreclplents shall certify mid dl4 cloze accordingly This
certification is a material representation of fact upon -which reliance n'as placed when This tran actloll vas
1111de or entered 11m, Siibliuk;,Ion of tllli celtlticatloll li a prerequisite fof making of enteiing into Tlli< Transaction
imposed by section 13;2. title 1. U.S. Code .-%.rhv person who tail-, to file The fegllll'ed Ccrifrcatlon
shall be sul t ect to a civil penalty- of not less thhan S 10.000 and not snore than S 100.();' for each StICi1
failure Agreement
for Professional Services. Page 22 Rev. 6.10.2025
CITY (--)F BAYT(--)WN
BAYT WN
2401 Market 5treet • F D Bom 42)4
Bavto: m Texas 7r 2?-04_'4
r281 t 320-6105 • 2S1j 420-t)Sa Fax
The Contractor certifies or aftinn, the trrtrtli iihiess and accuracy of each titement of it, eertificatloll and
diselostu'e. if any. hiaddition. the C ontractot widerstands and agrees that the piot-isions of31 US C. Chap. 38.
adim'nistrativeRemedies for False C launs and Statements. apply to this ceitificatlon and discloslue. if aIiV.
7/
3/2025 9/
wtui•e of Authorized Representative Date Chester
Nielsen, Vice President cnielsen@huitt-
zollars.com713-622-1180 Printed
Name and Title Phone Number Email Address Q'
Iegal' TemplateMEMA-TDEM Template Over $25 Architectural or Engineering Services Agreement Template-FEhtA-TDEM IFillable?.
doex Atreement
for Professional Services. Page 23 Rev. 6.10.2025