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R2019-306 2019-12-16RESOLUTION NO. R2019-306 A Resolution of The City Council of the City of Pearland, Texas, accepting the award of $5,064,214 in the federal and local share of costs of participating in the 2018 Texas Division of Emergency Management Hazard Mitigation Grant Program, for the purpose of acquiring 23 severe repetitive loss and/or repetitive loss residential properties flooded during Hurricane Harvey. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby accepts the award of $5,064,214 in the federal and local share of costs of participating in the 2018 Texas Division of Emergency Management Hazard Mitigation Grant Program, for the purpose of acquiring 23 severe repetitive loss and/or repetitive loss residential properties flooded during Hurricane Harvey. PASSED, APPROVED and ADOPTED this the 16th day of December, A.D., 2019. ATTEST: L: MARIA RODRIGUEZ INTERIM CITY SECRETA Y APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY C�Y17 TOM REID MAYOR TDEMIU5 November 22, 2019 Mr. Clay Pearson City Manager City of Pearland 3519 Liberty Drive Pearland, TX 77581 RE: Sub -Grant Award Dear Mr. Pearson: The Texas Division of Emergency Management (IDEM) has issued a sub -grant for the Hazard Mitigation Grant Program (HMGP). The following is the information related to this award: Sub -Recipient Information: DUNS Number: 020796397 TINS Number: 74-6028909 FIPS Number: 039-56348-00 Award Information: Catalog of Federal Domestic Assistance: 97.039 FEMA Project Number: DR -4332-0283 Project Title: City of Pearland Acquisition Project Period of Performance (POP): October 28, 2019 — May 22, 2022 Please Note: This award is not for research or development as defined in 2 Code of Federal Regulations (C. F. R.) § 200.87. The approved Scope of Work (SOW) follows and the terms and conditions of this award are attached. It is important that the sub -recipient read, understand and comply with the SOW and all terms and conditions. It is also vital that this information be disseminated to sub -recipient's staff and contractors involved in work related to this project. The City of Pearland, utilizing pre -event fair market value, will acquire twenty- two (22) severe repetitive loss (SRL) or repetitive loss (RL) structures in flood -prone areas and P.O. Box 15467 Austin, 78761 24 Hours: 512-424-2208, Fax 512-424-2444 Total Federal Version Date Subgrant Share Federal Share Local Local Share Amount % Amount Share % Amount 0 10/28/2019 $5,064,214.00 75% $3,798,160.50 25% $1,266,053.50 Please Note: This award is not for research or development as defined in 2 Code of Federal Regulations (C. F. R.) § 200.87. The approved Scope of Work (SOW) follows and the terms and conditions of this award are attached. It is important that the sub -recipient read, understand and comply with the SOW and all terms and conditions. It is also vital that this information be disseminated to sub -recipient's staff and contractors involved in work related to this project. The City of Pearland, utilizing pre -event fair market value, will acquire twenty- two (22) severe repetitive loss (SRL) or repetitive loss (RL) structures in flood -prone areas and P.O. Box 15467 Austin, 78761 24 Hours: 512-424-2208, Fax 512-424-2444 Page 2 DR -4332-283 Award Letter one (1) vacant lot that is in a critical geographic location for the flood mitigation endeavor included in this project. By acquiring 23 properties, the City will mitigate future flood related losses. Acquired land will be cleared and shall be dedicated in perpetuity as open space, for the conservation of natural floodplain functions in accordance with 44 C.F.R. § 80.17. This award is pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Section 404, and 44 C.F.R. § 206.434. Properties that have been approved as components in this project's SOW are listed below. TDEM will ensure duplications of benefits are deducted prior to closings. Property ID Property Address Latitude Longitude 1 1107 UNION VALLEY DR 29.594023 -95.277206 2 3102 GLASTONBURY DR 29.593039 -95.268913 3 3108 BISHOPTON DR 29.593237 -95.269608 4 3114 BISHOPTON DR 29.593029 -95.270302 5 3313 ROBINSON DR 29.593600 -95.273239 6 3413 MEADOWVILLE DR 29.593578 -95.275070 7 3422 LETHBRIDGE ST 29.591503 -95.275177 8 1121 ROBERT ST 29.592819 -95.280731 9 1140 GLENDA ST 29.593599 -95.282097 10 3511 KNAPP RD 29.591331 -95.279503 11 1916 SLEEPY HOLLOW DR 29.556456 -95.234558 12 2205 SLEEPY HOLLOW DR 29.560268 -95.237534 13 2604 SLEEPY HOLLOW DR 29.560760 -95.238530 14 2.617 GREEN TEE DR 29.560787 -95.241577 15 2701 GREEN TEE DR 29.560682 -95.241905 16 2625 GARDEN RD 29.560789 -95.320107 17 3003 LIVINGSTON DR 29.553394 -95.304489 18 5106 CARMONA LN 29.557203 -95.300140 19 5603 WOODVILLE LN 29.553886 -95.305168 20 6821 MEADOW LN 29.540503 -95.325874 21 4710 COMAL ST 29.584869 -95.296654 22 5104 RYAN ACRES DR 29.547464 -95.299690 23 3306 GLASTONBURY DR 29.591383 -95.273117 HMGP funds cannot duplicate funds received by or available to Recipient or Sub - Recipients from other sources for the same purpose. Examples of other sources include insurance claims, other assistance programs, legal awards, or other benefits associated Page 3 DR -4332-283 Award Letter with properties or damage that are subject of litigation. The Recipient, sub -recipient, and property owner must identify any potential Duplication of Benefits (DOB). FEMA deducts benefits from other sources from the purchase offer. Repair assistance that has been used for its intended purpose is generally not deducted if documentation of the use is provided. Documentation of DOB consideration must be provided at time of closeout. In accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01; Categorically Excluded (CATEX) N3, FEMA concludes that the above mentioned project is categorically excluded from the National Environmental Policy Act (NEPA) requirement to prepare further environmental documentation. No extraordinary conditions in accordance with DHS Instruction 023-01-001-01 exist involving this project. Signing and returning this award letter indicates sub -recipient's acceptance of the scope of work of the sub -award, the ability to pay the local cost share and all grant terms and conditions outlined in the attached documents. The sub -recipient must ensure that: The initial quarterly progress report for the project is submitted at the end of the approving quarter. Please include the project number (provided above) in your future quarterly reports. Note that 44 C.F.R. § 206.438(c) indicates the State must provide a quarterly progress report to FEMA indicating the status and completion date for each project funded. The report must include any problems or circumstances affecting completion dates, SOW, or project cost that may result in non-compliance with the approved grant conditions. 2. In accordance with HMGP rules and policy, TDEM requires the submittal of all closeout documentation within 90 -days of the project completion not to exceed the POP. The Governor's Authorized Representative (GAR) "shall certify that reported costs were incurred in the performance of eligible work, that the approved work was completed and that the mitigation measure is in compliance with the provisions of the FEMA -State Agreement" in accordance with 44 C.F.R. § 206.438(d). If changes are needed to the SOW for the sub -award, period of performance or costs associated to the sub -award, the sub -recipient should immediately contact TDEM. No change to the sub -award will be considered approved until the sub -recipient is notified in writing by TDEM. This signed and dated award letter and attached grant terms and conditions must be returned to TDEM before payment on the sub -award can be processed. Your signature is required on both the last page of the award letter and the last page of the attached Page 4 DR -4332-283 Award Letter grant terms and conditions. Please sign, date, and return both the award letter along with the attached grant terms and conditions acknowledging acceptance of this sub - award to the address below: Texas Division of Emergency Management P.O. Box 15467 Austin, TX 78761 City of Peartano/City Manager Date lZ-I9-Iq Should you wish to appeal any determination related to this sub -award you must do so within 60 days of receipt of the notice of the action. You will need to provide your appeal with any documentation supporting your position to your assigned TDEM project officer within the allotted time. If you have any questions please contact your Grant Coordinator, Charles Reagan at 512-940-6785 or charles.reagan(c-)tdem.texas.gov Respectfully, W. Nim Kidd, MPA, CEM® Chief - Texas Division of Emergency Management Vice Chancellor for Disaster and Emergency Services The Texas A&M University System ATTACHMENTS: Grant Terms and Conditions Record of Environmental Considerations cc: Robert Upton, Director of Engineering & Capital Projects Joel Hardy, Grants & Special Programs Administrator GRANT TERMS AND CONDITIONS This Grant Agreement (consisting of these terms and conditions and all exhibits) is made and entered into by and between the Texas Division of Emergency Management (TDEM), an agency of the State of Texas, hereinafter referred to as "TDEM," and the grant recipient, CITY OF PEARLAND, hereinafter referred to as the "Subrecipient." Furthermore, TDEM and the Subrecipient are collectively hereinafter referred to as the "Parties." All subawards made under this grant agreement are subject to the same terms and conditions below. Subrecipient may not assign or transfer any interest in this Grant without the express, prior written consent of TDEM and DHS/FEMA. a. The term Recipient and pass-through entity have the same meaning as "Grantee," as used in governing statutes, regulations, and DHS/FEMA guidance. b. A Recipient is also a "non-federal entity" for grants administration purposes. c. A Subrecipient is also known as a "Subgrantee" as used in governing statutes regulations and DHS/ FEMA guidance. d. A Subrecipient is also a "non-federal entity" for grants administration purposes. e. The "Grant" referred to in this agreement is a subgrant to the Subrecipient passed thru from TDEM to the Subrecipient. f. Certifying Official will be the Mayor, Judge, or Executive Director authorized to execute these grant terms and conditions, and to submit changes of Subrecipient Agents. f. Projects and any subsequent versions for those projects accepted by the Subrecipient and subsequently obligated or deobligated by DHS/FEMA are considered subawards to this grant agreement. A. Standard of Performance. Subrecipient shall perform all activities as approved by TDEM. Any change to a project shall receive prior written approval by TDEM and, if required, by FEMA. Subrecipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1. Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances — Construction Programs, hereinafter referred to as "Exhibit B" 3. Certifications for Grant Agreements, hereinafter referred to as "Exhibit U 4. State of Texas Assurances, hereinafter referred to as "Exhibit D" 5. Environmental Review Certification, hereinafter referred to as "Exhibit E" 6. Additional Grant Conditions, hereinafter referred to as "Exhibit F" 7. Additional Grant Certifications, hereinafter referred to as "Exhibit G" 8. Request for Information and Documentation referred to as "Exhibit H" B. Failure to Perform. In the event Subrecipient fails to implement and complete the project(s) approved and awarded, or comply with any provision of this Grant, Subrecipient shall be liable to TDEM for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds Page 1 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS or any other grant program funds administered by TDEM until repayment to TDEM is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement and complete projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by TDEM. C. Fundina Obligations. TDEM shall not be liable to Subrecipient for any costs incurred by Subrecipient that are not allowable costs. 1. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by TDEM under this Grant shall not exceed the total cumulative award amounts listed on the Subawards (projects and subsequent versions). 2. Subrecipient shall contribute the match funds listed on the subaward. Subrecipient shall refund to TDEM any sum of these Grant funds that has been determined by TDEM or DHS/FEMA to be an overpayment to Subrecipient or that TDEM determines has not been spent by Subrecipient in accordance with this Grant. No refund payment(s) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Subrecipient shall make such refund to TDEM within thirty (30) calendar days after TDEM requests such refund D. Performance Period. The performance period for this Grant is listed on the subaward letter for each prosect. All vroiects shall be completed within the performance period AND all reimbursement reauests shall be submitted to TDEM within 60 days of the end of the performance period. Subrecipient shall have expended all Grant funds and submitted reimbursement requests, invoices and any supporting documentation to TDEM within 60 days of the end of the performance period. TDEM shall not be obligated to reimburse expenses incurred after the performance period or submitted after the deadline. E. Uniform Administrative Reauirements, Cost Principals and Audit Reauirements. Except as specifically modified by law or this Grant, Subrecipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non-exclusive list is provided below [not all may apply in every projects]: • Public. Law 93-288, as amended (Stafford Act) • 44 CFR, Emergency Management and Assistance • Disaster Mitigation Act of 2000 • OMB Regulations 2 CFR, Grant and Agreements • Executive Order 11988, Floodplain Management • Executive Order 11990, Protection of Wetlands • Executive Order 12372, Intergovernmental Review of Programs and Activities • Executive Order 12549, Debarment and Suspension • Executive Order 12612, Federalism • Executive Order 12699, Seismic Design • Executive Order 12898, Environmental Justice • Coastal Barrier Resources Act, Public Law 97-348 Single Audit Act, Public Law 98-502 • Sandy Recovery Improvement Act publications Page 2 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS 16 U.S.C. § 470, National Historic Preservation Act 16 U.S.C. § 1531, Endangered Species Act References FEMA program publications, guidance and policies F. State Reauirements for Grants. Subrecipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, (UGMS) at:_ http://www.window.state.tx.us/procurement/catrad/ugms.pdf and the program State Administrative Plan, available at: https://grants.tdem.texas.gov Subrecipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant and the approved application. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: 1. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; 2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office, influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose, and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; 3. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who uses alcoholic beverages on active duty and Subrecipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; 4. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Subrecipient to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and 5. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grant may only be expended if Subrecipient timely completes and files its reports. G. Restrictions and General Conditions. 1. Use of Funds. DHS/FEMA Grant funds may only be used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Page 3 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS Federal funds may not be used to sue the Federal government or any other government entity. 2. Federal Employee Prohibition. Federal employees are prohibited directly benefiting from any funds under this Grant. 3. Points of Contacts. Within 10 calendar days of any change, Subrecipient shall notify TDEM of any change in designated of Subrecipient Agents as submitted during the execution of this agreement, and any subsequent changes submitted by Subrecipient. In the event a Subrecipient hires a consultant to assist them with managing its Public Assistance grants, they must be listed on the Designated Subrecipient Agent Form. TDEM will direct all correspondence to the Subrecipient but will cc: the consultant on all email exchanges. The Subrecipient will be responsible for sharing written communications with the consultant. The Subrecipient will remain the primary point of contact and must be included in all decision making activities. 4. DUNS Number. Subrecipient confirms its Data Universal Numbering Systems (DUNS) Number is accurate and is registered on Sams.gov. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or http://fedgov.dnb.com/webform 5. Central Contractor Registration and Universal Identifier Requirements. Subrecipient maintains that it has registered on the System for Award Management (SAM) at www.sam.gov or other federally established site for contractor registration, and entered TDEM-required information. Subrecipient shall keep current, and then review and update the information at least annually. Subrecipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial report or receives final Grant award payment. Subrecipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section §200.32 of OMB 2 C.F.R. 6. Reporting Total Compensation of Subrecipient Executives. 2 C.F.R. §200.331; see FEMA Information Bulletin 350. a. Applicability and what to report: Subrecipient shall report whether Subrecipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §200.331. Subrecipient shall report whether 80% or more of Subrecipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Subrecipient answers "yes" to both questions, Subrecipient shall report, along with Subrecipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Subrecipient's five most highly compensated executives for the preceding completed fiscal year. b. Where and when to report: Subrecipient shall report executive total compensation at www.sam.gov or other federally established replacement site. By signing this Grant, Subrecipient certifies that, if required, Subrecipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Subrecipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. 7. Debarment and Suspension. Subrecipient shall comply with Executive Order 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or Page 4 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS suspending those persons deemed irresponsible in their dealings with the Federal government. 8. Direct Deposit. A completed direct deposit form from Subrecipient shall be provided to TDEM, prior to receiving any payments under the provisions of this grant. The direct deposit form is currently available at grants.tdem.texas.gov under Resources/Public Assistance. 9. Property Management and Inventory. 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. Site Visits. DHS/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 DHS/FEMA on the premises of Subrecipient or a contractor under this Grant, Subrecipient shall provide and shall 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. H. _Procurement and Contractina. 1. Procurements. 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 Grant in accordance with 2 C.F.R. 200. 318-326 and Appendix II to Part 200 (A -C) and (E -J) 2. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 2 C.F.R. 200.326 and Appendix II (A), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3. Procurement activities must follow the most restrictive of Federal, State and Local procurement regulations: a. Procurement by micro purchase b. Procurement by small purchase c. Procurement by sealed bid d. Procurement by competitive proposal e. Procurement by non-competitive proposal, solely when the award of a contract is unfeasible under the other methods The State must be contacted for approval to use a noncompetitive procurement method. 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. Page 5 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS The cost plus a percentage of cost and percentage of construction cost methods of contracting are ineligible. Must perform cost/price analysis for every procurement action in excess of the Simplified Acquisition Threshold. Must negotiate profit as a separate element where required. 4. Evidence of non -debarment for vendors must be documented through. http://www.sam.gov/portal/public/SAM and http://www.window.state.tx.us/procurement/prog/vendor performance/debarred/ and submitted for review. 5. Comply with rules related to underutilized businesses (small and minority businesses, women's enterprises and labor surplus firms) at 2 CFR 200.321 Monitoring. Subrecipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program -related criteria are met. TDEM, or its authorized representative, reserves the right to perform periodic desk/office- based and/or on-site monitoring of Subrecipient's compliance with this Grant and of the adequacy and timeliness of Subrecipient's performance pursuant to this Grant. 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 and shall include requirements for the timely correction of such deficiencies by Subrecipient. Failure by Subrecipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. Audit. 1. Audit of Federal and State Funds. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act (OMB 2 C.F.R. 200.501, formerly A- 133). Subrecipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. 2. Right to Audit. Subrecipient shall give the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (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 Grant funds received and performances rendered under this Grant. Subrecipient shall permit TDEM or its authorized representative to audit Subrecipient's records. Subrecipient shall provide any documents, materials or information necessary to facilitate such audit. 3. Subrecipient's Liability for Disallowed Costs. Subrecipient understands and agrees that it shall be 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 Page 6 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS from funds that were not provided or otherwise made available to Subrecipient pursuant to this Grant or any other federal contract. 4. Subrecipient's Facilitation of Audit. Subrecipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as TDEM may require of Subrecipient. Subrecipient shall 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. 5. State Auditor's Clause. Subrecipient understands that acceptance of funds under this Grant 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 in the conduct of the audit or investigation, including providing all records requested. Subrecipient shall 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 Grant. K. Retention and Accessibility of Records. 1. Retention of Records. Subrecipient shall follow its own internal retentaion policy, or the state's retention policy, whichever is stricter. At a minimum, the subrecipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB 2 C.F.R. Subpart D — Post Federal Award Requirements, §200.333-337, and this Grant. 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, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or TDEM may direct Subrecipient to retain documents or to transfer certain records to DHS/FEMA custody when DHS/FEMA determines that the records possess long term retention value. 2. Access to Records. Subrecipient shall give the United States Department of Homeland Security, 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 Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Subrecipient. L. Chanaes, Amendments. Suspension or Termination 1. Modification. DHS/FEMA or TDEM may modify this Grant 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 Grant. Any alteration, addition, or deletion to this Grant by Subrecipient is not valid. 2. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws, regulations or policy are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event DHS/FEMA or TDEM determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Subrecipient shall be notified of the changes in writing. Once notification has Page 7 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS been made, any subsequent request for funds will indicate Subrecipient's acceptance of the changes to this Grant. 3. Suspension. In the event Subrecipient fails to comply with any term of this Grant, TDEM may, upon written notification to Subrecipient, suspend this Grant, in whole or in part, withhold payments to Subrecipient and prohibit Subrecipient from incurring additional obligations of this Grant's funds. 4. Termination. TDEM shall have the right to terminate this Grant, 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 term of this Grant. TDEM shall provide written notice of the termination and include: a. The reason(s) for such termination; b. The effective date of such termination; and c. In the case of partial termination, the portion of this Grant to be terminated. d. Appeal may be made to the Deputy Chief of the Texas Division of Emergency Management - Recovery & Mitigation. M. Enforcement. If Subrecipient materially fails to comply with any term of this Grant, 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 DHS/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 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 DHS/FEMA to wholly or partially de -obligate funding for a project 6. Temporarily withhold cash payments pending correction of the deficiency by subrecipient or more severe enforcement action by TDEM or DHS/FEMA; 7. Withhold further awards for the grant program 8. Take other remedies that may be legally available In taking an enforcement action, TDEM will provide Subrecipient an opportunity for a hearing, appeal, or other administrative proceeding to which Subrecipient is entitled under any statute or regulation applicable to the action involved. The costs of Subrecipient resulting from obligations incurred by Subrecipient during a suspension or after termination of this Grant are not allowable unless TDEM or DHS/FEMA expressly authorizes them in the notice of suspension or termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: The costs result from obligations which were properly incurred by Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non -cancellable; and The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Subrecipient from being subject to "Debarment and Suspension" under E.O. Page 8 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS 12549. 2 C.F.R., Appendix II to Part 200, (1). N. Conflicts of Interest. The subrecipient will maintain 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 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. O. Closing of this Grant. TDEM will close each subaward after receiving all required final documentation 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. At the completion and closure of all Subrecipient's projects (subawards), TDEM will request the Subrecipient to Certify the completion of all projects (subawards) in accordance of the grants terms and conditions to state there are no further claims under this subgrant. The closeout of this Grant does not affect: 1. DHS/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, 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 Grant that impose continuing obligations on Subrecipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. P. Notices. All notices and other communications pertaining to this agreement shall be delivered in electronic format and/or writing and shall be transmitted by fax, e-mail, personal hand -delivery (and receipted for) or deposited in the United States Mail, as certified mail, return receipt requested and postage prepaid, to the other party. Page 9 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS EXHIBIT A ASSURANCES - 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 of OPM'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 (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 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 agreement for Federal assistance is being made; and (j) 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 II 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 real property 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 TDEM — September 2019 program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 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 at 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 DHS grant -supported activities, DHS -FEMA requires the environmental aspects to be 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 under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 at 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 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 et seq.) 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 the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 at seq.). 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 at 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 at 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. Page 10 of 20 GRANT TERMS AND CONDITIONS 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 proper planning, 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 after receipt 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. 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 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 statue(s) under which agreement for Federal assistance is being made; and Q) the TDEM - September 2019 requirements of any other nondiscrimination statue(s) which may apply to the agreement. 11. 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 and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will 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. 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 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 of 1973, 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 all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies goveming this Grant. Page 11 of 20 GRANT TERMS AND CONDITIONS Exhibit C Certifications for Grant Agreements The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief. A. 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. B. 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 -LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. 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 was placed 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 subject to a civil penalty of not less than $10,000 and not more than $100,000 for each suchfailure. D. 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: 1. Are not debarred, suspended, proposed 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. Subrecipient can access debarment information by going to www.sam.gov and the State Debarred Vendor List at:_ www.window.state.tx.us/procurement/prog/vendor performance/debarred. 2 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, making false statements, or receiving stolen property; 3 Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; 4. 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 5. 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). E. 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. F. 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. G. Subrecipient will comply with the Drug-free Workplace Act, in Subpart B of 2 C.F.R. Part 3001. R 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-129 and form SF424, item number 17 for additional information and guidance. I. 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. J. Subrecipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of funds in this Grant. Page 12 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS 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 revoked 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, or shall 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 insure that all terms, conditions, and specifications are met. (See UGMS Section —.36 for additional guidance on contract provisions). 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 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), 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, II, 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 certain testing 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; (f) 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 (j) 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. §§7321-29), 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. Page 13 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS 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) Implem entation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (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). 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.). 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 commer cially, 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 taxforms. 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 athttps://www.sam.gov/portal/public/SAM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. Page 14 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS 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 FEMA's 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 EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 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. 5. 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 security enhancements 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 FEMA'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 FEMA and the appropriate State Historical Preservation Office. Page 15 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS EXHIBIT F Additional Grant Conditions 1. Additional damage requiring a new Public Assistance project to be written must be reported within 60 days following the Project Scoping meeting with the State- Federal team. 2. All work must be done prior to the approved project completion deadline assigned to each Project (POP). 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. The reason for an extension must be based on extenuating circumstances or unusual project requirements that are beyond the control of your jurisdiction/organization. Failure to submit a time extension request 60 days prior to the end of the period of performance may result in reduction or withdrawal of federal funds for approved work. 3. Any significant change to a project's approved Scope of Work must be reported and approved through TDEM and FEMA before starting the project. Failure to do so will jeopardize grant funding. The Subrecipient shall submit requests for cost overruns requiring additional obligations to TDEM, who will forward to FEMA for review and approval prior to incurring costs. 4. The Project Completion and Certification Report must be submitted to TDEM within 60 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, or Duplication of Benefits form certifying other funds were received to complete the project. 5. A cost overrun appeal on small ($128,900) Public Assistance projects must be reported to the Texas Division of Emergency Management (TDEM) within 60 days of completing the last small project in order to be considered for additional funding. 6. Appeals may be filed on any determination made by FEMA or TDEM. All appeals must be submitted to TDEM within 60 days from receiving written notice of the action you wish to appeal. Should you wish to appeal a determination contained in the project application, the 60 days will start the day the application is signed. Appeals for Alternative Projects will be subject to the terms of the signed agreement for the Alternative Project. 7. Public Assistance program projects will not receive funding until all of the requirements identified in the comments section of the Project Worksheet are met. 8. You may request a payment of funds on projects by initiating a Request for Reimbursement (RFR) in TDEM's Grant Management System (GMS) or an Advance of Funds Request (AFR), and including documentation supporting your request. Small Public Assistance projects are paid upon obligation and will be initiated by TDEM personnel. Payments for open projects must be requested at least quarterly if expenditures have been made in that quarter. 9. Subrecipients will be required to submit quarterly project reports (QPR) for open large projects using TDEM's GMS. Your assigned Grant Coordinator will coordinate the due date for your specific reporting. Public Assistance program small projects are typically exempt from quarterly reporting, however TDEM reserves the right to require QPRs on any smalls requiring a POP extension. The first quarterly report will be due at the end of the first full quarter following the quarter in which the project was obligated. No quarterlies are required for projects that Subrecipient has initiated a closeout request and has provided a certificate of completion. Failure to submit required quarterly reports for two or more quarters can result in withholding or deobligation of funding for Subrecipients until all reports are submitted and up-to-date. Page 16 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS 10. 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. A copy of the Single Audit must be submitted to your cognizant State agency or TDEM within nine months of the end of the subrecipient's fiscal year. Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter must be sent to TDEM certifying to this. 11. Subrecipients will not make any award to any party which is debarred or suspended, or is otherwise excluded from participation in the Federal assistance programs (EO 12549, Debarment and Suspension). Subrecipient must maintain documentation validating review of debarment list of eligible contractors. 12.Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment. A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of equipment is valued over $5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If the fair market value of a piece of equipment is less than $5,000, the property can either be retained, sold or designated as surplus with no further obligation to FEMA. 13.TDEM will be using the new FEMA Public Assistance Delivery Model to facilitate the writing of project worksheets (Portal). Subrecipient will be responsible for establishing and maintaining an active account in the Portal and to provide and upload timely, all information requested that is needed to write accurate project worksheets. The Portal will provide the Subrecipient visibility of the entire project writing process. 14.TDEM will be using its new Grant Management System (GMS) for Subrecipient grant management functions. Subrecipient will access GMS to initiate Requests for Reimbursements (RFR), Advance of Funds Requests (AFR), Time Extensions, Scope and Cost changes requests, Quarterly Reports, Project Closeouts, Appeals, and other items deemed necessary by TDEM. 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. 16.2 CFR 200.210(x)(15), 2 CFR 200.331(a)(1)(xiii) and (a)(4) make reference to indirect cost rates. The Subrecipient may use the negotiated Indirect Cost Rate approved by its cognizant agency, or may use the 10% de minimis rate of modified total direct costs (MTDC) (as per § 200.414) when receiving Management Costs. Page 17 of 20 TDEM — September 2019 GRANT TERMS AND CONDITIONS EXHIBIT G Match Certification Additional Grant Certifications Subrecipient certifies that it has the ability to meet or exceed the cost share required for all subawards (Projects) and amendments (versions) under this Grant Agreement. Duplication of Program Statement Subrecipient certifies there has not been, nor will there be, a duplication of benefits for this project. Match Certification Federal Debt Disclosure Subrecipient certifies that it is not delinquent on any Federal Debt. For Hazard Mitigation Proiects Only: Maintenance Agreement Applicant certifies that if there is a Maintenance Agreement needed for this facility copy of that agreement will be provided to TDEM. Environmental Justice Statement Federal Executive Order 12898 compliance requirements — If there are any concentrations of low income or minority populations in or near the HMGP project: 1. Applicant certifies that the HMGP project result will not result in a disproportionately high or adverse effect on low income or minority populations. OR 2. Applicant certifies that action will be taken to ensure achievement of environmental justice for low income and minority populations related to this HMGP project. Page 19 of 20 TDEM — September 2019 Request for Information and Documentation Policy and Guideline It is crucial to the success of the overall Grant Program and to the timely completion and closure of awarded projects that timelines be established for providing information and documentation. TDEM has developed a framework to support this endeavor following a progressive series of communications for the Subrecipient (RFI). TDEM will work with you throughout the RFI process as communication is the key to your success. RFI Timelines First Informal Request The primary contact for the Subrecipient will receive the RFI via email with five business days to respond. Second Informal Request A second email to the primary contact will be sent with an additional five business days to respond. Third Informal Request A phone call will be made to the primary contact with a third email requesting the information to be provided within five business days. The Regional Section Administrator and State Coordinator will be copied. Fourth Formal Request The Supervising Program Director of Recovery will issue a certified letter to the highest ranking official highlighting previous requests and an additional ten days to provide the requested information. Final Formal Request A final request by certified letter will be issued by the Deputy Assistant Director of Recovery, Mitigation, and Standards, or the Assistant Director of the Texas Division of Emergency Management to the highest ranking official giving the final ten business days to respond or deobligation of the project will begin. Final Action If the RFI is not sufficiently answered, the project will be deobligated, and any previously paid funds must be returned to TDEM. Reference: RMS Services Grant Program Request for Information and Documentation August 2017 GRANT TERMS AND CONDITIONS Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by them. N/A Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A" &J/ Assurances — Construction Programs, hereinafter referred to as "Exhibit B" Certifications for Grant Agreements, hereinafter referred to as "Exhibit U State of Texas Assurances, hereinafter referred to as "Exhibit D" Environmental Review Certification, hereinafter referred to as "Exhibit E" LpAdditional Grant Conditions, hereinafter referred to as "Exhibit F" a, Additional Grant Certifications, hereinafter referred to as "Exhibit G" N/A Request for Information and Documentation referred to as "Exhibit H" Please sign below to acknowledged acceptance of the grant and all exhibits in this agreement, and to abide by all terms and conditions. S ature f tertifying Official 7 Printed Name d Title TDEM — September 2019 z-l9-�q Date Page 20 of 20 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 21:20:28 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-DR-4332-TX Project #283 Title: City of Pearland Acquisitions NEPA DETERMINATION Non Compliant Flag: No EA Draft Date: EA Final Date: EA Public Notice Date: EA Fonsi Level: CATEX EIS Notice of Intent EIS ROD Date: Comment Under the proposed HMGP project, the City of Pearland (Brazoria and Harris County), Texas proposes to acquire one (1) vacant lot and acquire and demolish structures that are prone to flooding. The acquired properties will be deed restricted and will remain as open space in perpetuity. See attached EHP approved property list. This project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01; CATEX N3. Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding. - jhowar25 - 09/24/2019 20:46:08 GMT CATEX CATEGORIES Catex Category Code Description Selected *n3 (*n3) Federal Assistance for Property Acquisition and Demolition. Federal Yes assistance for the acquisition of properties and the associated demolition and removal when the acquisition is from a willing seller, the assistance is solely for the purposes of financial compensation for the acquisition, and the land is deed restricted to open space, recreational, wildlife habitat, or wetland uses in perpetuity. The CATEX does not apply to subsurface uses of acquired properties, or acquired properties with encumbrances or easements authorizing current or future subsurface uses that are not allowable and compatible with open space. This CATEX covers actions associated with the determination of program eligibility. This CATEX does not cover Federal assistance actions that involve acquisition for the purpose of construction or development at a site in the acquired property. The use of eminent domain is explicitly excluded from the CATEX. EXTRAORDINARY Extraordinary Circumstance Code Description No Extraordinary Circumstances were selected ENVIRONMENTAL LAW / EXECUTIVE ORDER Environmental Law/ Executive Order Clean Air Act (CAA) Coastal Barrier Resources Act (CBRA) Status Description Completed Project will not result in permanent air emissions - Review concluded Completed Project is not on or connected to CBRA Unit or otherwise protected area - Review Comment Selected ? 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY 21:20:28 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-DR-4332-TX Project #283 Title: City of Pearland Acquisitions Environmental Law/ Executive Order Status Description Clean Water Act (CWA) Completed Project would not affect any water of the U.S. - Review concluded Coastal Zone Management Act Completed Project is located in a coastal zone area (CZMA) and/or affects the coastal zone Completed State administering agency does not require consistency review - Review concluded Executive Order 11988 - Completed Located in floodplain or effects on Floodplains floodplain/flood levels Completed Beneficial Effect on Floodplain OccupancyNalues - Review concluded Executive Order 11990 - Completed No effects on wetlands and project outside Wetlands wetlands - Review concluded Executive Order 12898 - Completed Low income or minority population in or near Environmental Justice for Low project area Income and Minority Populations Completed No disproportionately high and adverse impact on low income or minority population - Review concluded Endangered Species Act (ESA) Completed Listed species and/or designated critical habitat present in areas affected directly or indirectly by the federal action Comment REC-01 Based on consultation with Texas General Land Office (GLO) and review of Coastal Coordination Council (CCC) General Concurrence #5, FEMA has determined that this project is deemed consistent with the goals and policies of the Texas Coastal Management Program (CMP) and consistency review procedures as implemented by the GLO. - jhowar25 - 09/24/2019 20:48:28 GMT Portions of the project are located within AE and Floodway zone areas of 100 -yr flooding, per various Flood Insurance Rate Map (FIRM) panels (see attached property list). The proposed action is not likely to result in any potential direct impacts that will adversely affect the natural values and function of floodplains, nor is it likely to increase the risk of flood loss. -jhowar25 - 09/24/2019 20:53:46 GMT A review of the National Wetland Inventory (NWI) online mapper, accessed on 9/23/2019 for the site, indicates that portions of the project area are adjacent to a designated wetland, however the project is for the acquisition and demolition of existing structures which is not likely to affect wetlands. - jhowar25 - 09/24/2019 20:54:40 GMT 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 21:20:28 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-DR-4332-TX Project #283 Title: City of Pearland Acquisitions Environmental Law/ Executive Order Status Description Comment Completed No effect to species or designated critical habitat (See comments for justification) - Review concluded Farmland Protection Policy Act Completed Project does not affect designated prime or (FPPA) unique farmland - Review concluded Fish and Wildlife Coordination Completed Project does not affect, control, or modify a Act (FWCA) waterway/body of water - Review concluded Migratory Bird Treaty Act (MBTA) Completed Project located within a flyway zone Completed Project does not have potential to take migratory birds - Review concluded Magnuson -Stevens Fishery Completed Project not located in or near Essential Fish Conservation and Management Habitat - Review concluded Act (MSA) National Historic Preservation Act Completed Standard Section 106 review For some properties, FEMA has determined that (NHPA) there will be No Historic Properties Affected. SHPO concurrence with this determination was received, dated August 12, 2019. For the remaining properties, the scope of work has been reviewed and meets the criteria in Appendix B - Programmatic Allowances, II.B.10.a of FEMA's Programmatic Agreement (PA) dated September 11, 2014. In accordance with this PA, FEMA is not required to determine the National Register eligibility of properties where work performed meets the Appendix B criteria. The scope of work has been reviewed and FEMA has determined that the project will not require Tribal Consultation. - rmoyerl - 09/25/2019 13:34:44 GMT Completed Building or structure 50 years or older or listed on the National Register in the project area and activity not exempt from review Completed Determination of No Historic Properties Affected (FEMA finding/SHPO/THPO concurrence attached) - Review concluded Completed Project affects only previously disturbed ground - Review concluded 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY 21:20:29 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-DR-4332-TX Project #283 Title: City of Pearland Acquisitions Environmental Law/ Executive Order Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Wild and Scenic Rivers Act (WSR) CONDITIONS Status Description Completed Review concluded Completed Project is not along and does not affect Wild and Scenic River - Review concluded Special Conditions required on implementation of Projects: Comment Z 14Mdwell Applicant must coordinate with the local floodplain administrator, obtain required permits prior to initiating work, and comply with any conditions of the permit to ensure harm to and from the floodplain is minimized. All coordination pertaining to these activities should be retained as part of the project file in accordance with the respective grant program instructions. Source of condition: Executive Order 11988 - Floodplains Monitoring Required: No Where appropriate, the applicant shall ensure that best management practices are implemented to prevent erosion and sedimentation to surrounding, nearby or adjacent wetlands. This includes equipment storage and staging of construction to prevent erosion and sedimentation to ensure that wetlands are not adversely impacted per the Clean Water Act and Executive Order 11990. Source of condition: Executive Order 11990 - Wetlands Monitoring Required: No If any asbestos containing materials, lead based paint and/or other hazardous materials are found during remediation or repair activities, the applicant must comply with all federal, state and local abatement and disposal requirements under the National Emissions Standards for Hazardous Air Pollutants (NESHAP). Source of condition: Clean Air Act (CAA) Monitoring Required: No Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, applicant shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. Source of condition: Resource Conservation and Recovery Act, aka Solid Waste Monitoring Required: No Disposal Act (RCRA) Standard Conditions: Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. ,as Division of Emergency Management Recovery, Mitigation and Standards Section 404 Hazard Mitigation Grant Program (HMGP) Information Application Introduction, Instruction, and INTRODUCTION The Hazard Mitigation Grant Program (HMGP) assists states and local communities in implementing long-term hazard mitigation measures following a major disaster. The funding for this program is based on a 75/% federal and 25% local cost share. Further information concerning Texas' involvement in the HMGP can be found in the current Texas Division of Emergency Management (IDEM) Hazard Mitigation Grant Administrative Plan. If you require technical assistance with this application, or to request a copy of the current TDEM Hazard Mitigation Grant Program Administrative Plan please contact Texas Division of Emergency Management, Recovery, Mitigation and Standards (TDEM/RMS), Mitigation Section at (512) 377-0023 or TDEM-Mitigation(cD_dps.texas.gov. INSTRUCTIONS The application and attachments can be found on the following websites: http://www.dps.texas.gov/dem/ThreatAwareness/hurricaneHarveyinfo.htm https : //g ra nts.d ps.texas.g ov/ Please complete ALL sections and provide the documents requested. All questions must be answered completely and accurately. TDEM and the Federal Emergency Management Administration (FEMA) staff reviewing the application will not be familiar with your community, the specific project area, and the need for the proposed project. Therefore, it is the responsibility of the applicants to ensure the application addresses all of the questions and requirements. This is particularly important given the competitive nature of the grant program. If you are unsure as to the meaning of a particular question, contact TDEM for clarification. ELIGIBILTY TDEM, as the grantee, is responsible for ensuring applicants meet the eligibility requirements and projects are eligible for HMGP funding. Applicant Eligibility: 1. HMGP projects must be from an eligible applicant. (i.e., Municipality, City, County, Special District, Tribe, Eligible Nonprofit Agency, or Organization). 2. Applicant must have an approved hazard mitigation plan. For private non-profit organizations, the community where the project is located must have an adopted plan. Project Eligibility: 1. Projects cannot be retroactively funded through HMGP. Therefore, projects already in progress or completed will not be considered. 2. HMGP projects must comply with the FEMA approved state and applicable local hazard mitigation plan. 3. HMGP projects must meet all applicable codes and standards for the project locale (i.e., construction, public notifications, etc.). 4. HMGP projects must have a direct beneficial impact upon the designated disaster area, whether or not the project is located in the designated area. 5. HMGP projects must comply with 44 Code of Federal Regulations (CFR) part 9, Floodplain Management and Protection of Wetlands and 44 CFR, part 10, Environmental Considerations. 6. HMGP projects must solve a problem independently or constitute a functional portion of a solution where there is assurance that the project as a whole will be completed. Projects that merely identify or analyze hazards or problems are not eligible. Pang 9 of V Project Eligibility - Continued 7. HMGP projects must be cost effective and substantially reduce the risk of future damage, hardship, loss, or suffering resulting from a major disaster. 8. HMGP projects must provide the best solution. Sub -applicants must demonstrate that after consideration of a range of options for the mitigation measure, it has been determined that the proposed project is the most practical, effective, and environmentally sound solution. 9. HMGP projects must contribute to a long-term solution that is the most practicable. Ideally, it should integrate hazard mitigation principles with existing programs and overall community planning. 10. HMGP projects must consider long-term effects. Projects should address, when applicable, long-term changes to the areas and entities it protects, and ensure manageable future maintenance and modification requirements. 11. HMGP projects must address a problem that has been repetitive or that possesses a significant risk if left unsolved. 12. HMGP projects must cost less than the anticipated value of the reduction in both direct damage and subsequent negative impacts to the area if future disasters occur. ATTACHMENTS Below are the attachments related to this application. You can access the attachments by clicking the paper clip symbol on the left side of the form (see image below). Attachment List 1. Budget Worksheet 2. Budget Worksheet Instructions 3. Designation of Subrecipient Agent (DSA) Form (Note: See Grant Management System for additional information below) 4. Environmental Historical Preservation (EHP) Checklist 5. FEMA Benefit Cost Analysis (BCA)Toolkit Instructions to Install 6. Property Site Inventory Worksheet (Required for Acquisition, Elevation, and Mitigation Reconstruction projects) 7. Three SF424 Forms (SF424-Application for Federal Assistance, SF424B-Non-Construction Assurances and SF424D-Construction Assurances) REQUIRED DOCUMENTATION Below is the minimum required documentation that must be submitted with the application. Note: This is not an all inclusive list since requirements may vary depending on project type and the sub -applicant. 1. Application (with supporting documents used for additional space or to clarify answers) 2. Map(s), Photo(s), Drawing(s), etc. as required in the application 3. EHP Checklist 4. FEMA Insurance Rate Map (FIRM) per the EHP Checklist 5. Supporting Documentation per EHP Checklist 6. Budget Worksheet 7. Property Site Inventory Worksheet (Required for Acquisition, Elevation and Mitigation Reconstruction projects) 8. BCA zip file 9. Certification and Signature of Authorized Agent (page 10 of the application) 10. Floodplain Manager Authorization Form (page 11 of the application) 11. DSA Form 12. All three SF424 forms (SF424, SF424B and SF424D) GRANT MANAGEMENT SYSTEM (GMS) The Division of Emergency Management uses the GMS on-line system to manage the HMGP and other FEMA grant programs. For more information and to register for access please visit https://grants.dps.texas.gov/index.cfm. Note: The DSA Form provides the information needed to set up the contact information in the system. Page 2 of 12 Texas Division of Emergency Management Recovery, Mitigation and Standards Section 404 Hazard Mitigation Grant Program (HMGP) Application Form Disaster Declaration #: FEMA -4332 -DR -TX SUB -APPLICANT INFORMATION Name of Sub -applicant Organization/Agency: City of Pearland Address: 3519 Liberty Drive City: Pearland Primary Contact Name: Robert Upton Email: rupton@pearlandTX.gov County: Brazoria Declaration Date: August 25, 2017 State: TX Zip: 77581 Title: Director of Engineering and Capital Projects Office Phone: (281) 652-1641 Cell: (281) 387-3123 Secondary Contact Name: Rajendra Shrestha Title: Asst. Director of Engineering and Capital Email: rshrestha@pearlandTX.gov Check One: ❑ State Government Tax ID #: 74-6028909 Office Phone: (281) 652-1649 Cell: (281) 635-7081 ❑✓ Local Government ❑ Federally Recognized Tribe ❑ Private Non -Profit State Legislative House District(s): 29 Congressional House District(s): 22 DUNS #: 020796397 (Data Universal Numbering System) FIPS Code: 039-56348 State Legislative Senate District(s): 11 National Flood Insurance Program (NFIP) Community Identification #: 480077E (This number can be obtained from the FIRM map for your area) NFIP Community Rating System Class # (if available): 6 PROJECT INFORMATION Project Title: City of Pearland 2017-18 Hazard Mitigation Buyouts and Acquisitions Project Application Type: (select from the following) ❑✓ Standard HMGP ❑ 5% Initiative Project Type: (select from the following) ✓❑ Acquisition ❑ Elevation ❑ Drainage ❑ Generator ❑ Other: Hazards to be Mitigated: (select from the following) ❑ Planning ❑ Phased Project ❑ Residential Saferoom ❑ Community Saferoom ❑ Wildfire ❑ Structural Retrofit ❑✓ Flood ❑ Wind ❑ Wildfire ❑ Subsidence ❑ Storm Surge ❑ Other: Note: A Property Site Inventory Worksheet (see attached) is required for Acquisition, Elevation, and Mitigation Reconstruction projects) D] 'I _f 99 I"r SCOPE OF WORK Project Description: Description must include: what hazard(s) the project will address, type of project (drainage, safe room, fuel reduction, buy- out, etc., and/or infrastructure), step by step description of the major elements of the project (contracting, construction elements, close-out, etc.), and how the project will be accomplished by the end of the 36 month period of performance (PoP). Attach extra pages as necessary. The southeast Texas region, along the coastline of the Gulf of Mexico, faces rampant and reoccurring flood disasters, as four major flood events have occurred in the past three years (Texas Severe Storms And Flooding (DR -4377); Texas Severe Storms and Flooding (DR -4272); Texas Severe Storms and Flooding (DR -4269), Texas Severe Storms, Tornadoes, and Flooding (DR -4266); and Hurricane Harvey (DR -4332)). These events and others like them call for hazard mitigation strategies to be implemented, and buyouts and acquisitions programs are cost-effective alternatives to larger flood control infrastructure improvements that the City cannot afford at this time. Because Harvey, the other events mentioned, and prior events such as Tropical Storm Allison (DR -1379), Hurricane Ike (DR -1791), and Texas Severe Storms and Flooding (DR -1041) support the need for ongoing concerns about residential community flooding of single- family homes, the City is compelled to maintain the use of buyouts and acquisitions as a strategy for mitigating future flood impacts. The City of Pearland is proposing to use funding from this program to acquire 18 severe repetitive loss (SRL) or repetitive loss (RL) structures in flood -prone areas, plus one vacant lot that is a critical geographic location for the whole flood mitigation endeavor included in this proposal. In addition, the application includes a request for assistance for pre -award costs involving the acquisition and demolition of four (4) properties that were subject to buyout due to a high sense of urgency in the aftermath of Hurricane Harvey. These additional four (4) structures have repetitive flood loss history, are located to adjacent to flooding source (Clear Creek), and the residents of those properties had a highly -warranted desire to move away from flood prone area immediately following the disaster. The City purchased these homes using local funds (non federal/state grant). These four (4) properties include the following, with demolition dates provided as well: 3102 Glastonbury — 4/8/2019; 3313 Robinson — 4/11/19; 2205 Sleepy Hollow — 4/17/2019; and 3114 Bishopton — 4/9/2019 Altogether, by acquiring the total 23 properties and demolishing the applicable structures, the City will mitigate future flood related damages as well as provide room for future drainage projects such as widening of creek and detention ponds. This will also minimize the potential for loss of life to residents and first responders as well as reduce National Flood Insurance Program claims and payoffs. These properties will be deeded to the City and returned to green space in perpetuity, to be maintained by the City. In addition, a deed restriction subject to Stafford Act, regulations and promulgated there under (44CFR 206.434) will be placed to restrict the uses of land to compatible with opens space, recreational or wetland management practices. The City will make sure to use FEMA model Deed Restriction form for each of the property before closing properties, in addition to the City's adoption of a resolution to implement these restrictions with each acquisition. All participants in this projects are participating voluntarily. These structures included in this project are located in the SFHA as well as Pre -FIRM SFHA; the majority of the structures were constructed prior to the adoption of standard engineering drainage design guidelines. These areas were previously identified as priority areas and received hazard mitigation grant funds, but insufficient funding was available to mitigate all properties identified as at risk. The proposed project will be in the mapped effective SFHA/or Pre -FIRM SFHA (22 structures plus 1 vacant lot) within the City limits of Pearland and includes multiple areas in the Clear Creek watershed. The City has prioritized those structures closest to main waterways. The City ha prioritized structures based on the following criteria: nexus to creek, nexus to City -owned property, repetitive loss history, and interest of property owner(s). Additional information about the proposed activities to be carried out by the Applicant includes the following: 1. The Applicant may choose to utilize FEMA PA 407 funds to demolish eligible structures included in this application. 2. The Applicant has reviewed at least two (2) alternative actions aimed at mitigating flood loss where these properties and their applicabl flood -prone areas are concerned. The first alternative action, besides the selected project, would be to elevate older homes and/or those with a severe repetitive or repetitive loss history. The second alternative would be to do nothing, and allow existing conditions to prevail. The first alternative action is not feasible, as allowing these structures to remain in the SFHA will prevent the City from fully removing at - risk properties from a high flood -risk area. Due to the repetitive loss history in these areas, the probability of damages to occur DURING the elevation/construction process is notable. 3. Three additional properties were originally included in the proposed scope of work, but were removed from this application as they were found to fail the required benefit -cost analysis (BCA). These include: - 3511 Pine Tree: This property was flooded 6 times since it was constructed in 1998. - 3934 Skylark: This property has flooded 3 times since it was constructed in 1972. Although, the property is not located within the FEMA mapped effective and Pre -FIRM, the natural ground elevation of the area is approximately 51' whereas the Pre -FIRM 100 - year floodplain elevation is in between 52' and 53'. - 6930 West Lea Lane: This property has flooded 2 times since it was constructed in 1965. Although, the property is not located within the FEMA mapped effective and Pre -FIRM, the natural ground elevation of the area is approximately 51' whereas the Pre- FiRM 100 -year floodplain elevation is approximately 52'. Paqe 4 of 12 FF Project Objectives - Problem Solutions/Hazard Reduction: Description must include: how the project will independently solve the problem, the level of protection provided by the project, how the project will increase the level of protection to the citizens and/or properties, the number of people and properties that will directly benefit from the project, and how the project will ultimately reduce the costs associated with ICGUVCly I/U/II IULUIC U/Sclzaty S. /i LLawl CXLICI 1.JdLgCJ dA II Pearland is subject to regular, heavy rainfall, as well as severe tropical storms that dump rain on our city numerous times throughout 1 year. Almost in concert with the Dates of Loss in our Repetitive Loss database, National Oceanic and Atmospheric Administration (N( recorded major storm and weather events have occurred that clearly relate to the claims made by local homeowners. From 1979 until 2015, sixteen major events have negatively impacted Pearland, from Tropical Storm Claudette in 1979 to the recent 2017 Hurricane Harvey and storms affecting the Houston area and causing ancillary harm to surrounding suburbs like Pearland. The average annual rainfall statewide in Texas is 35.65 inches. This is 3.5 less inches of rain than the national average of 39.17 inches. Pearland has had an average rainfall of 54.65 inches over the last 30 years, which is 40% more than the average nationwide, and 53% more than the average in Texas. Most of it occurs during the Summer and Fall; whereas, 16.82 and 15.52 inches of rainfall occur each year, respectively. The single day record rainfall in Pearland was 21.88 inches at station 105 (Winding Rd at Clear Creek) during Hurricane Harvey. Hurricane Ike in 2008, the 2006 Coastal Bend flooding that came just after Hurricane Rita, caused significant damage to homes and businesses throughout Pearland. Since 2000, approximately 16 flash flood, hurricane, heavy rain, or tropical storm episodes have occurred over 42 days in Brazoria County, affecting Pearland. In 1994, Hurricane Rosa made landfall on the west coast of Mexico, but headed towards southeast Texas and stalled for 3 to 4 days, with over 20 inches of associated rainfall being accounted for in the month October of that year. In June of 2001, the City received a record rainfall of 46.57 inches associated with the landfall of Tropical Storm Allison, which stalled over the southeast Texas coastline area for days. Up to 49.04 inches of rainfall was observed in the east side of Pearland during Hurricane Harvey. It is evident that these will continue, as our region has been subject to major storms and hurricanes like no other in the nation. The continuation of impact of rainfall and severe weather on low-lying areas, and the effects of aged infrastructure on certain properties, often result in major ponding due to slow velocities. This project will prevent the total loss of the affected homes, prevent the costs associated with higher insurance premiums and uninsured values, and also save lives. The City of Pearland has worked continuously to reduce the flood risk to the community by adopting important flood -mitigation standards for residential construction, participating in Community Ratin( System, and improving drainage infrastructure through Capital Improvement Projects. Historical data shows that practices such as acquisitions and elevations are helpful in reducing and/or eliminating repetitive flooding in structures located in flood -prone areas. This application proposes costs for the acquisition of 23 properties, 22 of which involve the demolition of structures, thereby reducing the number of repetitive loss structures within the city limits of Pearland. The removal of these structures will convert existing impervious cover to natural ground thereby increasing infiltration and reducing the flow. In addition, with the viability of the vacant land, the City will bE able to develop conveyance and detention CIP project to reduce potential for flooding in perpetuity, in compliance with 44 CFR Part 80. Approximately 270 people that reside in an estimated 100 properties will be mitigated from flood related losses by implementing this project. Project Objectives - Outcome, Level of Effort and Milestones: Description must include: major milestones for the project (contracting complete, final engineering/design complete, mobilization for construction, construction phase(s), activities associated with these steps, percentage of total project budget or dollar amounts associated with these steps. Attach extra pages as necessary. The outcome for this project will be that several existing and potential flood -prone properties, some of which are repetitive loss homes, will no longer face the threat of inundation from storm/disaster-related flooding. This proposed buyout program will not only remove those that have flooded repetitively, but by doing so, additional drainage capacity will mitigate the potential for remaining improved properties to flood. The cost related to demolition of the structures are included with this application, but the City may choose to utilize PA (407) funds for demolition purpose. This is a non -construction project, and the increased flood -drainage capacity of the area produced from these buyouts is the only engineering component that is up for consideration. Therefore, the project as a whole is relatively non-technical. The City has looked at the configuration of parcels from the standpoint of conducting buyouts that do not create a "checkerboard" layout of vacant versus occupied/improved land, such that the buyouts create a large layer of land available to retain floodwater and mitigate flood-flow/conveyance. For each structure acquired, the following milestones will be completed: Parvo r of i Costs % of Ttl Costs 1. Pre -award grant application $136,950.00 2.8% 2. Pre -award acquisition and related activities $516,522.36 10% 3. Survey and Appraisals $40,755.00 1 % 4. Asbestos Monitoring, Testing and Abatement $199,625.94 4 % 5. Permits and Inspections $15,850.98 0.3% 6. Post award property acquisition $3,600,723.82 71 % 7. Closing Costs $252,044.88 5 % 8. Demolition of Structure $166,354.92 3.1 % 9. Project Management Cost $135,386.00 2.8 % Total $5,064,213.90 Parvo r of i Milestones/Timeline: List the major milestones (e.g. designing, engineering, permitting, etc.) for the project by providing an estimated timeline for the critical activities not to exceed a 36 months. These milestones should correspond with the Project Objective description above and budget. For the Starting Month column below, please enter the month (1 through 24) you will begin this milestone once once you receive your award (i.e. Month 1 would be the same month as your performance period start date, Month 36 is the last month of your performance period.) For the Mos. to Complete column, please enter the number of months it will take to complete the milestone. (See examples below) Milestone 1 Procurement Process Complete 2 Environmental and Historic Preservation Review Complete 3 Applicable Permits Obtained 4 Property Acquired (if applicable) 5 Initiate Project Closeout g Project Closeout Complete 7. Demolition of Structure 8. 9. 10. Starting Est. Mos. to Month Complete Month 1 3 months Month 2 3 months Month 3 1 1/2 month Month 8 12 months Month 11 3 months Month 14 3 months Month 17 11 months Month # # Mos to Comp Month # # Mos to Comp Month # # Mos to Comp Project Objectives - Project Staff and Management: Description must include: how the sub -applicant will organize and manage the project to ensure successful completion within the project period of performance, a brief description of all staff associated with the project by position and what their role and responsibilities are for completing the project within the period of performance. Attach extra pages as necessary. The City of Pearland has dedicated experienced staff with several years of experience in managing Hazard Mitigation Acquisition Projects, Disaster Recovery and Emergency Management, as well as basic ongoing municipal management activities. City staff that will manage this project include: Trent Epperson, Assistant City Manager - Overall project management and liaison with the City Manager's office. Joel Hardy, Grants Administrator - Grant Program Oversight. Robert Upton, Director of Engineering and Capital Projects - Chief Floodplain Administrator and Program Director Rajendra Shrestha, Assistant Director of Engineering and Capital Projects - Project Management. Sasha Buchheit, Project Manager - Technical assistance and liaison with property owners. Anthony Vu, Acquisitions Manager - Subject matter oversight for all acquisitions activities. Peter Martin, Emergency Management Coordinator - Subject matter oversight for all emergency management activities. Cynthia Pearson, Finance Director - Financial Management and Grant Accounting Pana C, of 19 Damage History - Overview of Past Damage: Provide a detailed past history of damages in the project area including approximate costs. Include information for Presidential or Federal level disasters as well as State or local level declarations. Attach any supporting documents. Costs should include damages to structures and infrastructure in the project area as a result of the hazard. Additional costs should include the cost to the local government to respond to victims of the hazard in the project area, any interruption to local businesses, losses of public services, and costs for temporary housing of the affected population, etc. This section helps demonstrate the need for the project. Note: Acquisition, Relocation, Elevation, or Demolition Project: Complete a listing of specific damages to each property on a separate spreadsheet and include as an attachment. Date Level of Event 08/23/17 DR -4332 Hurrican/Tropical Storm Harvey 09/13/08 DR -1791 Hurricane Ike 06/09/01 DR -1379 Tropical Storm Allison 10/18/94 DR -1041 Texas Severe Storms Type or Extent of Damage Torrential Rain & Flooding High Winds & Flooding Severe Storms & Flooding Severe Thunderstorms & Flooding 1 Total Cost of Damage 28894032 8108207 7878656 300000 Project Location: Fully describe the location of the proposed project. Describe the area and/or population affected or protected by this project. Include the location if possible (street address with numbers or neighborhood, city, county with zip codes, Lot, Block or Survey). Provide GPS reading (Lat/Long) of the project site in degrees decimal minutes to 5 places if possible (i.e.: 30.326958 / -97.724750). Attach a separate spreadsheet for multiple latitude/longitude coordinates and descriptions as needed. Latitude: Longitude: Description: Hurricane Harvey had a remarkable impact on specific areas of the City. The Twin Creek, Green Tee and Corrigan subdivisions, in addition to Westlea Subdivision, are neighborhoods that notable mitigation assistance is needed to prevent future events from flooding homes. These communities are where the City's Harvey -related flood effects can be found, and are geographically centered by the following GPS readings: Twin Creek - Longitude 29.592467/Latitude -95.277636; Green Tee - Longitude 29.556293/Latitude -95.251186; and Corrigan - Longitude 29.557637/Latitude -95.301410. Westlea Subdivision is the subject of a separate flood mitigation strategy, and has been selected as a community that the City prefers to elevate homes. The City/applicant is not pursuing these program funds to mitigate that particular hazard at this time. The attached Property Inventory Worksheet provides specific property/project location information for each proposed buyout/acquisition activity. Population and Structures Affected by Project: Indicate the approximate number of people affected by this project to include residents, customers, commuters, or visitors, etc. Provide the number of each type of structure (listed below) in the project area. Include all structures directly affected in project area. 270 Number of people affected 100 Number of residential properties ONumber of businesses / commercial properties 0 Number of public buildings 0 Number of schools 0 Number of hospitals / medical clinics Other (List): Pana 7 of 19 1 MAPS Two maps must be provided with your application. One must show the general location of the project site and the other must show the specific project site. In certain cases when there are no maps available, substitute with an overview photo, drawing or sketch. Ensure it is legible, shows magnetic north, and has major landmarks noted for orientation. Map Depicting Project Site: (check the boxes to indicate what type of maps are attached) ❑✓ City, County, or District scale map showing the entire project area with the project site and structures marked on the map. ❑ USGS 1:24,000 topographical map with project site marked on the map.(Map depicting relationship to existing features — natural and otherwise) 1. Rivers, lakes, streams, wetlands, saltwater, etc. 2. Geologic features, steep slopes, unstable areas 3. Roads, bridges, buildings, etc. For acquisition or elevation projects, include a copy of the Parcel Map (Tax Map, Property Identification Map, etc). with each property in the project clearly marked on the map. Use SAME lG number as in the Property Site Inventory Worksheet. NOTE: On one or both of the maps and depending on the type of project, you may depict multiple requirements that are listed below, instead of a separate map for each. Photos, Sketches, Drawings, Engineer Designs, etc: These help clarify the project setting and the potential impacts of the project on the environment (soils, vegetation, _ hydrology, wildlife) and they assist in understanding the written description of the project, especially if contours and elevations are provided. The photographs should be representative of the project area, including any relevant streams, creeks, rivers, drainage areas, etc; which affect the project site or will be affected by the project. If photos are provided, then FEMA may not need to conduct a site visit, thereby, reducing the review time. Include ALL engineering calculations and quantity determinations for this project. These are in addition to any map substitutions. Please check the box below for the items you are attaching to your applicaiton, if any: ❑✓ Photographs ❑ Engineering Designs (including calculation and quantity determinations) ❑ Sketches/Drawings ❑ Other ENVIRONMENTAL HISTORICAL PRESERVATION (EHP) COMPLIANCE Please complete the EHP Checklist (see attachment) and include in the application submission. As a Federal agency, the Department of Homeland Security (DHS) / Federal Emergency Management Agency (FEMA) is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants -funded projects, comply with Federal EHP regulations, laws, and Executive Orders, as applicable. Grant recipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities (including installation of equipment), or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process. More information about the EHP requirement can be found at the following links: https://www.fema.gov/environmental-planning-and-historic-preservation-compliance https://www.fema.gov/media-library/assets/documents/26621 Maps will also be required for this portion of the application. If you have photos, sketches, drawings, engineer designs, etc. that will help clarify the project location and structures, please be sure to include them with your application. Page 8 of 12 BUDGET INFORMATION Please complete the Budget Worksheet attachment by following the attached "Budget Worksheet Instructions". You can access the attachment by clicking on the paper clip on the left side of the form. Once the budget has been completed, provide the following information from the worksheet: (Note: Enter numbers only (no $ or comma's) as the fields is automatically formated) Total Project Costs: Applicants Cost Share: Federal Amount: 5064213.90 1266053.48 3798160.43 Reminder: Applicant must include the Budget Worksheet when submitting the application BENEFIT COST ANALYSIS Applicants must demonstrate mitigation projects are cost effective. The Benefit Cost Tool Version 5.3 is used to perform benefit cost analysis for applications submitted under FEMA's Hazard Mitigation Assistance Grant Programs. To use this tool, you must first download the file from the website (see link below). If you have any questions about the new BCA software program, please contact the BC Helpline at bchelpline(a_dhs.gov or at 1-855-540-6744. https:/hvww.fema.gov/media-library/assets/documents/128334 Once the BCA has been completed, provide following information from the BCA: (Note: Enter numbers only (no $ or comma's) as the fields is automatically formated) Total Project Cost: Total Value of Project Benefits: Benefit Cost Ratio: Reminder: Applicant must include a zip file of the BCA when submitting the application BCA Exceptions • Acquisition Projects - The acquisition of structures that are declared Substantially Damaged (from any origin) and located in a riverine Special Flood Hazard Area (SFHA) on a preliminary or effective FIRM is considered cost effective. • Residential Safe Room Projects - The pre -calculated benefit provides standardized Benefit -Cost Analysis (BCA) benefit values associated with residential safe rooms so that individual BCAs are not required, as long as the project costs do not exceed $5,421.32 (in Texas). • Acquisition and Elevation Projects - The national average for benefits for acquisition and elevation projects is $276,000 for acquisition projects and $175,000 for elevation projects. FEMA determined the acquisition or elevation of a structure located in the 100 -year floodplain for which costs are equal to or less than the amount of benefits noted above is cost effective. For projects that contain multiple structures, the average cost of all structures in the project must meet this criterion. There is no need for recipients to conduct a separate BCA for a structure that meets this criterion. • A wind retrofit project is considered cost effective as long as the total project costs are less than the costs listed below: Mitigation Package Type Roof Replacement Project Maximum Costs Intermediate Protection No $13,153 Intermediate Protection Yes $24,920 Advanced Protection No $40,252 Advanced Protection Yes $52,018 Pane Q of 19 CERTIFICATION AND SIGNATURE OF AUTHORIZED AGENT FORM The Chief Elected Official (jurisdiction) or Executive Director (non-jursidiction) must certify the following statements before the project listed below will be considered for Hazard Mitigation Grant Program (HMGP) funding. Name of Sub -Applicant (jurisdiction/non-jurisdiction) Identified in the Application: (auto -populated from the first page of the application) City of Pearland Project Titles Identified in the Application: (auto -populated from the first page of the application) City of Pearland 2017-18 Hazard Mitigation Buyouts and Acquisitions Project To certify, please check the boxes and sign below: The undersigned will ensure all State and Federal requirements related to the HMGP funding are fulfilled. The undersigned understands that the jurisdiction/non-jursdiction applying for this grant is liable for the required matching funds (local share) related to the project listed above. ❑✓ The undersigned has reviewed and approved the project and information contained in the application. Signature of the Authorized Agent Name: Robert Upton Title: Director of Engineering & Capital Projects Signature: Date: 10-2-19 Paae 10 of 12 FLOODPLAIN MANAGER AUTHORIZATION FORM Please provide the following information for the designated Floodplain Manager for the project listed below. Date: 10/04/18 Sub -Applicant: City of Pearland Disaster Declaration: FEMA 4332 -DR -TX Project Title: City of Pearland 2017-18 Hazard Mitigation Buyouts and Acquisitions Project Project Number (if known): Floodplain Manager Contact Information: Name: Robert Upton Organization: City of Pearland Address: 3519 Liberty Dr. City: Pearland Email: rupton@pearlandtx.gov Floodplain Manager Certification Information: CFM Certification Number: If not a CFM, pleased enter the date of attendance for: CFM - 1 Week Course: Floodplain 101 Course: 11/13/18 Title: City State: TX Zip: 77581 Office Phone: (281) 652-1641 Cell: (281) 387-3123 Ceritification: By signing below, the above Floodplain Manager is authorized to represent and act on behalf of the sub -applicant in all floodplain matters related to the project and grant listed above 10-2-19 Signature of Authorized Official/Project Officer Date Robert Upton City Engineer Printed Name Title Please submit completed form(s) with the application email as an attachment. Paan 11 of 12 SUBMITTAL INSTRUCTIONS: • Review the application and ensure all questions are answered and all documents are attached. Below is the minimum required documentation. Note: This is not an all inclusive list since requirements may vary depending on project type and the subgrantee 1. Application (with supporting documents used for additional space or to clarify answers) 2. Map(s), Photo(s), Drawing(s), etc. as required in the application 3. EHP Checklist 4. FIRM Map(s) per the EHP Checklist 5. Supporting Documentation per EHP Checklist 6. Budget Worksheet 7. Property Site Inventory Worksheet (Required for Acquisition, Elevation, and Mitigation Reconstruction projects) 8. BCA zip file 9. Certification and Signature of Authorized Agent (page 10 of the application) 10. Floodplain Manager Authorization Form (page 11 of the application) 11. DSA Form 12. All three SF424 forms (SF424, SF424B and SF424D) • Upon completion of the application, save your file by clicking the Save As button below and name your file with the following structure: Disaster# Grant - Jurisdiction/Organization Name - Project Type Example: 4332 HMGP - Test, City of - Generator Save As • Submit completed application via email by clicking on this link: TDEM-Mitigation0dps.texas.gov Page 12 of 12 DEED RESTRICTION—2205 SLEEPY HOLLOW In reference to the property located at 2205 SLEEPY HOLLOW("the Property")in PEARLAND,TEXAS conveyed by the Deed between LISA M. BORDELON, participating in the federally-assisted acquisition project("the Grantor"), and the City of Pearland ("the Grantee"), its successors and assigns: WHEREAS,the legal description of the Property is"SLEEPY HOLLOW(PEARLAND) BLK 1 LOT 12A-13A;" WHEREAS, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program, including the acquisition and relocation of structures in the floodplain; WHEREAS,the mitigation grant program provides a process for a local government,through the State,to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain,to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; WHEREAS, STATE OF TEXAS —TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency and has entered into a mitigation grant program Grant Agreement in 2018 with FEMA and herein incorporated by reference; making it a mitigation grant program grantee. WHEREAS,the Property is located in Pearland, Brazoria County,Texas and the Grantee participates in the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed; ' WHEREAS,the Grantee, acting by and through the CITY COUNCIL OF THE CITY OF PEARLAND, has applied for and been awarded federal funds pursuant to an agreement with STATE OF TEXAS-TEXAS DIVISION OF EMERGENCY MANAGEMENT dated December 19, 2019 ("State-Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; and WHEREAS,the Grantee has acquired and demolished the property and is imposing the restrictions herein upon itself, in compliance with the Federal program regulations consistent with 44 C.F.R. Part 80. Now,therefore,the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the [select mitigation grant program] program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80,the Grant Agreement,and the State-local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation);unimproved,unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b.Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii.A public rest room; or • iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. . Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d.Transfer.The Grantee,including successors in interest,shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However,the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv.Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State,Tribe,or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part,the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years on January 15 the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80,the property conveyance, and the grant award. 4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a.The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including'but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: a)Withholding FEMA mitigation awards or assistance from the State or Tribe,and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest,shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c)Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State,the Tribe,the local community, and their respective successors. 5.Amendment.This agreement may be amended upon signatures of FEMA, the state, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6.Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable,the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. Grantee's Name: Clay Pearson o.b.o. City of Pearland Grantee's Title:City Manager, o.b.o. City of Pearland 4/X Grantee's Signature Date /3 J7.1�,G� aaZ1 CERTIFICATE OFA ,CKNOWLEDGME In the State of Texas, Brazoria County for /Jl0pi ` , ff LJ on this daypersonallyappeared �` n known to me pp 1 to be the person whose name is subscribed to the foregoing 4-page instrument dated January 13, 2021,entitled DEED RESTRICTION,—2205 Sleepy Hollow, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. en , • - y; • . • seal of office this et-Clay of��/1 )d , 0 021 �� - (Notary s Signature) Nota y Public,State of Texas 1 tz;g nye.,, CRYSTAL N ROAN 1 p i o=, Notary Public,State of Texas :1 1* 7\ •= My Commission Expires i 1 .. b= January 29,2024 1 V`,,,,,w,,`'�, NOTARY ID 1057222-1 :.:.:.1 . .. .:• .... , 201.8015689.D_EED.Total Pages: 7. . ::... :. NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL'PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER. • GENERAL WARRANTY DEED • THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA § • That, Lisa Marie Bordelon, of the County of Brazoria, Texas, (hereinafter referred to as Grantor whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) and for other good and valuable consideration to Grantor paid by the City of Pearland, a political subdivision of the State of Texas, the receipt and sufficiency of which is hereby acknowledged, and by these presents do Grant, Bargain, Sell, and Convey unto the City of Pearland, (hereinafter referred to as Grantee), whose mailing address is 3519 Liberty Drive, Pearland, Texas 77581, its successors and assigns, all that certain tract or parcel of land lying and being situated in Brazoria County, Texas, more particularly described in'the Metes and Bounds description labeled Exhibit "A" and more particularly shown in Exhibit "B", which are attached hereto and incorporated herein for any and all purposes. • The Property conveyed shall include all right, title and interest, if any, of Grantor in and to, (1) any land lying in a street, road, toliway, accessway or easement (including any drainage or flood control easement) open or proposed, in front of, at the side of, adjoining, or within the Property, (2)the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the Property, (3) all reversionary rights attributable to the Property, and (4) all rights of ingress and egress to the Property by way of open or dedicated roads and streets adjoining the Property. - I$z04-3 �� _ O1RL) 1 Rev 1.0.2 Parcel Account Project G.F# RECORDERS MEMORANDUM: At the time of recordation,this instrument was found to be inadequate for the best photographic reproduction because of illegibility,photo-copy,discolored paper,etc.All blackouts, additions and changes were present at the time the instrument was filed and recorded. I 2018015689 •' Page 2 of i • This conveyance is made by Grantor and accepted by Grantee subject to all valid and • subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions; rights-of-way and easements appearing of record in the Official Public Records of Real Property of Brazoria County, Texas, relative to the Property, but only to the extent the same are applicable to and enforceable against Grantee. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. • TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantor, its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all and singular the said premises unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject to reservations from and exceptions tp warranty and conveyance described above. Executed this AS day of (\C\ficAN) , 2018. GRANTOR: By: t- iti\a-defi—) Lisa Marie Bordelon Page 2 of 6 Rev 1.0.2 Parcel Account Project G.F# I . . . - I . - • 2014015689 Page 3 9f 7 • Acknowledgement jL /� THE STATE OF/VD/4l• ,G�dan4 § COUNTY OF LflOre.,- § • • BEFORE ME, the undersigned Notary Public, on this day personally appeared Lisa Marie Bordelon, known to me to be the person whose name is subscribed to {he foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. • GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS Rv . DAY OF March, A.D., 2018. ;t1 e a6,,./Zeee �• ; LUCINDA EA HADLOCK i: Notary Public,North Carolina 0 ARY PUBLIC, STATE OF N17 't (G(�Gc Moore County ;;�:01, • /` My Commission Expires Printed Name: LUenda March 08,2021 i My Commission Expires: 3/8 2021 ACCEPTED BY: The City f earland, a political Subdivisi n o he State of Texas By: Anthony , Acquisitions Manager • • Page 3 of 6 Rev 1.0.2 Parcel Account Project G.F# 2018015689 Page 4 of 7 • THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned Notary Public, on this day personally appeared Anthony Vu, Acquisitions Manager of the Coty of Pearland, a political subdivision of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of . ice thi day of March, A.D.,2018. 1 �t��, MARC R LAROCCA N e'"' Y PUBL STATE OF TEXAS 4PQ4Y P(�e/% f : Notary Public,State of Texas 2 Expires 09-26-2021 sN, ".= Comm.Exp 1. �'%',Zilt`��`` Notary 11)12644626-7 Printed Name: �c "" My Commission Expires: • Page 4 o: 6 Rev 1.0.2 Parcel Account Project G.F# 2018015689 Page 5 of 7 EXHIBIT A 0.731 acre of land, more or less, out of Lots 12 and 13, Block 1, of SLEEPY HOLLOW ESTATES, a subdivision in the Warren D.C. Hall League, Abstract 70, according to the map or plat thereof, recorded in Volume 10, Pages 13 and 14, of the Plat Records of Brazoria County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod found for the intersection of the North R.O.W. line of Sleepy Hollow Drive (60.00 foot R.O.W.) and the centerline of a 20 foot drainage easement through Lot 12, Block 1, said iron rod blaring North 52° 40' 00"West, a distance of 44.60 feet from the southeast corner of Lot 12, Block 1; THENCE North 43° 27' 00" East, a distance of 14.89 feet to a 1/2 inch iron rod found for corner; THENCE North 18° 36' 00" East, a distance of 69.37 feet, a distance of 69.37 feet to a 1/2 inch iron rod found for corner; THENCE North 53° 24' 55" East, at a distance of 49,18 feet pass a 1/2 inch iron rod found for reference and continue for a total distance of 139.18 feet to a point for corner; THENCE South 51° 56' 34" East, a distance of 144.29 feet to a point for corner; THENCE South 45° 00' 00"West, at a distance of 90.66 feet pass a 1/2 inch iron rod found for corner in the Northeast line of Sleepy Hollow Drive (60.00 foot r.o.w.); THENCE North 52° 49' 00"West, a distance of 133.63 feet to the POINT OF BEGIINNING and containing 0.713 acres of lard, more or fess, SAVE AND EXCEPT that part of subject property which lies within Drainage Ditch of 90 feet as shown on the recorded plat. Page 5 of 6 Rev 1.0.2 Parcel Account Project G.F# 2018015689 Page 6 of 7 • EXHIBIT B (Permitted Exceptions) • Restrictive Covenants contained in instruments recorded in Volume 10, Page 13 of the Map Records of Brazoria County,Texas; in Volume 890, Page 190 of the Deed Records of Brazoria County, Texas. • Building setback line, 30 feet in width, along the front property line, as reflected by the • plat recorded in Volume 10, Page 13 of the Map Records of Brazoria County, Texas. • • An easement 10 feet wide adjacent to and adjoining the drainage easement along the northwesterly property line, and an aerial easement 5 feet wide from a plane 20 feet above the ground upward, located adjacent thereto for the use of public utilities, as reflected by the plat recorded in Volume 10, Page 13 of the Map Records of Brazoria County, Texas. • Easement granted to Houston Lighting & Power by instrument recorded under County Clerk's File No. 65008057 (Volume 911, Page 846) of the Deed Records of Brazoria County, Texas. • Mineral and/or Royalty interest set forth in instruments recorded in Volume 868, Page 392; Volume 774, Page 351 of the Deed Records of Brazoria County, Texas. Titie to said interest was not investigated subsequent to the date of the aforesaid instruments. • Oil, Gas and Mineral Lease dated October 25, 1976, recorded under County Clerk's File No_ 76033002 (Volume 1320, Page 679) of the Deed Records of Brazoria County,Texas.Title to said lease was not investigated subsequent to the date of the aforesaid instrument. AFTER RECORDING RETURN TO: Title Houston Holdings 7500 San Felipe, Suite 1020 Houston, TX 77063 • Page 6 of 6 Rev 1.0.2 Parcel Account Project G.F# 2018015689 Page 7 of 7 FILED and RECORDED Instrument Number: 2018015689 Filing and Recording Date: 04/03/2018 12:11:32 PM Pages: 7 Recording Fee: $46.00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas. •�rtTyQF�'�,n•. � . Joyce Hudman, County Clerk •r: .��. Brazoria County, Texas ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk-april DIVIS/p,1, -1.1ER) • I MEM tr TII[T[XA$MM UNINRfI1y5 uC l �`N�YMANPG' November 22, 2019 Mr.Clay Pearson ' City Manager City of Pearland 3519 Liberty Drive Pearland, TX 77581 RE: Sub-Grant Award Dear Mr. Pearson: The Texas Division of Emergency Management (TDEM) has issued ;a sub-grant for the Hazard Mitigation Grant Program (HMGP).The following is the information related to this award: .Sub-Recipient Information: DUNS Number. 020796397 TINS Number: 74-6028909. FIPS Number:. 039-56348-00 Award Information: Catalog of Federal Domestic Assistance: 97.039 FEMA Project Number:,DR-4332-0283 Project Title; City of Pearland Acquisition Project Period of Performance (POP): October 28, 2019—May 22, 2022 Total Federal Federal Share Local Local Share Version Date Subgrant Share Amount Share % Amount Amount % :. 0 . 1.0/28/2019 $5,064,214.00 ' .75% $3,798,160.50 . 25% . $1,266,053.50 Please Note: This award is not for research or development as defined in 2 Code of Federal Regulations (C.F.R.) § 200.87. The approved Scope of Work (SOW)follows and the terms and conditions of this award are attached.It Is important that the sub-recipient read, understand and comply with the SOW and all terms and conditions. It is also vital that this information be disseminated to sub=recipient's staff and contractors involved in work related to this project. The City of,Pearland, utilizing pre-event fair market value,,will acquire'twenty two',(22)) severe repetitiveloss(SRL)or repetitive loss:(RL)structures,in flood p nm°areas and) P.O.Box 15467 Austin,78761 24 Hours:512-424-2208,Fax 512-424-2444 Page 2 DR-4332-283 Award Letter (Obeli). _ e r thisproject., .Y cq g P perties, the City will mitigate v cant lot that is in;a critical geographic location for the flood mitigation endeavor'in'cluded in, 'B, ,*Liking uinn' ,23 :ro ,futurel flood related losses. Acquired land will be cleared and shall be dedicated in perpetuity as-open space, for the conservation of natural floodplain functions in accordance with 44 C.F.R. § 80.17. This award is pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Section 404, and 44 C.F.R. § 206.434. Properties that have been approved as components in this project's SOW are listed below. TDEM will ensure duplications of benefits are deducted prior to closings. ;Property ;.Property Address. Latitude Longitude D; . . ; ' 's 1 1107 UNION VALLEY DR 29.594023 -95.277206 2 .3102 GLASTONBURY DR 29.593039 -95.268913 3 3108 BISHOPTON DR - : 29.593237 95.269608 4 3114 BISHOPTON DR 29.593029 95.270302 5 3313 ROBINSON DR 29.593600 95.273239 6 3413 MEADOWVILLE.DR 29.593578 .-95.275070 7 3422 LETHBRIDGE ST 29.591.503 ' -95.275177 8 1121 ROBERT ST 29.592819 -95.280731 9 . . 1140 GLENDA ST 29.593599 . -95.282097 10 '3511 KNAPP RD . ' 29.591331 . -95.279503 11 1916 SLEEPY HOLLOW DR 29.556456 95.234558 12 2205 SLEEPY HOLLOW DR 29.560268 . .. -95.237534 13 2604 SLEEPY HOLLOW DR ' 29.560760 ' 95.238530 14 2617 GREEN TEE DR 29.560787 -95.241577 15 2701 GREEN TEE DR. ' 29.560682 95.24.1905 16 2625 GARDEN RD ' ' 29.560789 -95.320107 17 3003 LIVINGSTON DR 29.553394 ' -95.304.489 • 18 ' 5106 CARMONA LN 29.557203 95.300140 19 5603 WOODVILLE LN 29.553886 -95.305168 20 6821 MEADOW LN 29.540503 -95.325874 21 . ' 4710 COMAL ST 29.584869 95.296654 22 5104 RYAN ACRES DR 29.547464 -95.299690 23 3306 GLASTONBURY DR 29.591383 -95.273117 H MGP funds.cannot duplicate funds received by or available to Recipient or Sub-) Recipients from other sources for the a same purposeExamples of other sources include insurance claims, other assistance programs,legal awards, or other benefits associated • Page 3 DR-4332-283 Award Letter with properties or damage that are subject of litigation.The Recipient,'sub-recipient, and properly owner must identify'any potential Duplication of Benefits (DOB). FEMA deducts benefits from other.sources from the purchase offer. Repair assistance that has been used for its intended purpose is generally not deducted if documentation of the use is provided. Documentation of DOB consideration must be provided at time of closeout. In accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01; Categorically Excluded (CATEX).N3, FEMA concludes that the above mentioned project is categorically excluded from the National Environmental Policy Act (NEPA) requirement to prepare further environmental documentation. No extraordinary conditions in accordance with DHS Instruction 023-01-001-01 exist involving this project. Signing and returning this award letter indicates sub-recipient's acceptance of the scope • of work of the sub-award, the ability to pay the local cost share and all grant terms and conditions outlined in the attached documents.. The sub-recipient must ensure that: 1. The initial quarterly progress report for the project is submitted at the end of the approving quarter. Please include the project number (provided above) in your future quarterly reports. Note that 44 C.F.R. § 206.438(c) indicates the State must provide a quarterly progress report to FEMA indicating the status and completion date for each project funded. The report must include any problems or circumstances affecting completion dates, SOW, or project cost that may result in non-compliance with the approved grant conditions. 2. In accordance with HMGP rules and policy, TDEM requires the submittal of all closeout documentation within 90-days of the project completion not to exceed the POP.The Governor's Authorized Representative(GAR)"shall certify that reported costs were incurred in the performance of eligible work, that the approved work was completed and that the mitigation measure is in compliance with the provisions of the FEMA-State Agreement' in accordance with 44.C.F.R.. §206.438(d). If changes are needed to the SOW for the sub-award, period of performance or costs associated to the sub-award, the sub-recipient should immediately contact TDEM. No change to the sub-award will be considered approved until the sub-recipient is notified in writing by TDEM. This signed and dated award letter and attached grant terms and conditions must be returned to TDEM before payment on the sub-award can be processed. Your signature is required on both the last page of the award letter and the last,page of the attached Page 4 DR-4332-283 Award Letter grant terms and conditions. Please sign, date, and return both the award letter along with the attached grant terms and conditions acknowledging acceptance of this sub- award to the address below: Texas Division of Emergency Management P.O. Box 15467 Austin, TX 78761 i2_ l 9_ I ci City of Pear an City Manager Date Should you ish to appeal any determination related to this sub-award you must do so within 60 days of receipt of the notice of the action.You will need to provide your appeal with any documentation supporting your position to your assigned TDEM project officer within the allotted time. If you have any .questions please contact your Grant Coordinator, Charles Reagan at 512-940-6785 or charles.reagan(c�tdem.texas.gov Respectfully, W. Nim Kidd, MPA, CEM® Chief-Texas Division of Emergency Management Vice Chancellor for Disaster and Emergency Services The Texas A&M University System • ATTACHMENTS: Grant Terms and Conditions Record of Environmental Considerations cc: Robert Upton, Director of Engineering & Capital Projects Joel Hardy, Grants & Special Programs Administrator GRANT TERMS AND CONDITIONS This Grant Agreement(consisting of these terms and conditions and all exhibits)is made and entered into by and between the Texas Division of Emergency Management(TDEM), an agency of the State of Texas, hereinafter referred to as "TDEM," and the grant recipient, - CITY OF PEARLAND, hereinafter referred to as the"Subrecipient." Furthermore, TDEM and • the Subrecipient are collectively hereinafter referred to as the "Parties."All subawards made under this grant agreement are subject to the same terms and conditions below. Subrecipient may not assign or transfer any interest in this Grant without the express, prior written consent of TDEM and-DHS/FEMA. a.The term Recipient and pass-through entity have the same meaning as"Grantee,"as used in governing statutes, regulations, and DHS/FEMA guidance. b. A Recipient is also a"non-federal entity"for grantsadministration purposes. c: A Subrecipient is also known as a"Subgrantee" as used in governing statutes regulations and DHS/.FEMA guidance. d.A Subrecipient is also a "non-federal entity"for grants administration purposes. e. The"Grant" referred to in this agreement is a subgrant to the Subrecipient passed thru from TDEM to the Subrecipient. f. Certifying Official will be the Mayor, Judge, or Executive Director authorized to execute these grant terms and conditions, and to submit changes of Subrecipient Agents. ; f. Projects and any subsequent versions for those projects accepted by the Subrecipient and subsequently obligated or deobligated by DHS/FEMA are considered subawards to this grant agreement. A. Standard of Performance. Subrecipient shall perform all activities as approved by TDEM. Any change to a project shall receive prior written approval by TDEM and, if required, by FEMA. Subreciplent shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1. Assurances—Non-Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances—Construction Programs, hereinafter referred to as"Exhibit B" 3. Certifications for Grant Agreements, hereinafter referred to'as"Exhibit C" 4. State of Texas Assurances, hereinafter referred to as"Exhibit D" 5. Environmental Review Certification, hereinafter referred to as "Exhibit E" 6. Additional Grant Conditions, hereinafter referred to as "Exhibit F" 7. Additional Grant Certifications, hereinafter referred to as"Exhibit G" 8. Request for Information and Documentation referred to as"Exhibit H" B. Failure to Perform. In the event Subrecipient fails to implement and complete the project(s) approved and awarded, or comply with any provision of this Grant, Subrecipient shall be liable to TDEM for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds Page 1 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS or any other grant program funds administered by TDEM until repayment to TDEM is made and any other compliance Or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant Failure to timely implement and complete projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by TDEM. . C. Funding Obligations.TDEM shall not be liable to Subrecipient for any costs incurred by Subrecipient that are not allowable costs. 1. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by TDEM under this Grant shall not exceed the total cumulative award amounts Iisted on the Subawards (projects and subsequent versions). 2. Subreciplent shall contribute the match funds listed on the subaward. Subrecipient shall refund to TDEM any sum of these Grant funds that has been determined by TDEM or DHS/FEMA to be an overpayment to Subrecipient or that;TDEM determines has not been spent by Subrecipient in accordance with this Grant. No refund payment(S) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Subreciplent shall make such refund to TDEM within thirty(30) calendar days after TDEM requests such refund D. Performance Period, The performance period for this Grant is listed on the subaward letter for each project. All projects shall be c9mpleted within the performance period AND all reimbursement requests shall be sul?mitted to TDEM within 60 days of the end of the performance period, Subrecipient shall have expended all Grant funds and submitted reimbursement requests, invoices,and any supporting documentation to TDEM within 60 days of the end of the performance period.:TDEM shall not be obligated to reimburse expenses incurred after the performance period or submitted after the deadline. E. Uniform Administrative Requirements. Cost Principals and Audit Requirements. Except as specifically modified by law or this Grant,Subrecipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non-exclusive list is provided below [not all may apply In every projects): . •. Public Law 93-288, as amended {Stafford Act) • 44:CFR, Emergency.Management and Assistance • Disaster Mitigation Act of 2000 , • OMB Regulations 2 CFR, Grant and Agreements • Executive Order 11988, Floodplain Management .. • Executive Order 11990, Protection of Wetlands • Executive Order 12372, Intergovernmental Review Of Programs and Activities • Executive Order 12549, Debarment and Suspension • Executive Order 12612, Federalism • _ Executive Order 12699, Seismic Design • Executive Order 12898, Environmental Justice • Coastal Barrier Resources Act, Public Law 97-348 • Single Audit Act, Public Law 98-502 • Sandy Recovery Improvement Act publications Page 2 of 20 TQEM—September 2019 GRANT TERMS AND CONDITIONS • 16 U.S.C. §470, National Historic Preservation Act • 16 U.S.C. § 1531, Endangered Species Act References • FEMA program publications, guidance and policies F. State Requirements for Grants. Subrecipient shall comply with all other federal, state, and local laws and regulations'applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, (UGMS) at:_ ' =htto://www.window.state.tx.us/procu rement/catrad/ugms.pdf and the program State Administrative Plan, available at https://arants.tdem.texas.gov Subrecipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant and the approved application. Grant funds may not be `awarded to or expended by any entity which performs political polling.This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: 1. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for.local government employees; 2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office, influencing positively or negatively the payment, 'loan, or gift to a person or political organization for a political purpose, and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding Of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; 3. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who uses.'alcoholic beverages on active duty and Subrecipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; 4. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Subrecipient to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and 5. General Appropriations Act,Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grant 'may only be expended if Subrecipient timely completes and files its reports. G. Restrictions and General Conditions. . 1. Use of Funds. DHS/FEMA Grant funds may only be used for the purposes set forth In this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Page 3 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS Federal funds may not be used to sue the Federal government or any other government entity. 2. Federal Employee Prohibition. Federal employees are prohibited directly benefiting from any funds under this Grant. 3. Points of Contacts. Within 10 calendar days of any change, Subrecipient shall notify TDEM of any change in designated of Subrecipient Agents as submitted during the execution of this agreement, and any subsequent changes submitted by Subrecipient. In the event a Subrecipient hires a consultant to assist them with managing its Public Assistance grants, they must be listed on the Designated Subrecipient Agent Form. TDEM will direct all correspondence to the Subrecipient but will cc: the consultant on all email exchanges. The Subrecipient will be responsible for sharing written communications with the consultant. The Subrecipient will remain the primary point.of contact and must be included in all decision making activities. 4. .DUNS Number. Subrecipient confirms its Data Universal Numbering Systems (DUNS) Number is accurate and is registered on Sams.gov. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or http://fedqov.dnb.com/webform 5. Central Contractor Registration and Universal Identifier Requirements. Subrecipient maintains that it has registered on the System for Award Management (SAM) at www.sam.gov or other federally established site for contractor registration, and entered TDEM-required information. Subrecipient shall keep current, and then review and update the information at least annually. Subrecipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial report or receives final.Grant award payment. Subrecipient agrees that it shall not make.any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number..See Section §200.32 of OMB 2 C.F.R. 6. Reporting Total Compensation of 'Subrecipient Executives. 2 C.F.R. §200.331; see FEMA Information Bulletin 350. a. Applicability and what to report: Subrecipient shall report whether Subrecipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §200.331. Subrecipient shall report whether 80% or more of Subrecipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Subrecipient answers "yes" to both questions, Subrecipient shall report, along with Subrecipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Subrecipient's five most highly compensated executives for the preceding completed fiscal year. . b. Where and when to report: Subrecipient shall report executive total compensation at www:sam.gov or other federally established replacement site. By signing this Grant, Subrecipient certifies that, if required, Subrecipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final, financial report or receives final payment. Subrecipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. 7. Debarment and Suspension. Subrecipient shall comply with Executive Order 12549 and 12689, which provide protection against waste, fraud, and abuse.by debarring or Page 4of20 TDEM—September 2019 GRANT TERMS AND CONDITIONS • suspending those persons deemed irresponsible in their dealings with the Federal government. 8. Direct Deposit. A completed direct deposit form_ from Subrecipient shall be provided to TDEM, prior to receiving any payments under the provisions of this grant. The direct deposit form is currently available at grants:tdem.texas.gov:under Resources/Public Assistance. 9. .Property-.Management and. Inventory. 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 the location, use and condition of the roe property, p p rty, 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. Site Visits. DHS/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 DHS/FEMA on the premises of Subrecipient or a contractor under this Grant;Subrecipient shall provide and shall 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. • H. Procurement and Contracting. j 1. Procurements. 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 Grant in accordance with 2.C.F.R. 200. 318-326 and Appendix 11 to Part 200 (A-C)and (E-J) 2. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 2 C.F.R: 200.326 and Appendix II (A), • Uniform Administrative Requirements for.Grants and Cooperative Agreements to State - and Local Governments. 3. Procurement activities must follow the most restrictive of Federal, State and Local procurement regulations: t a. Procurement by micro purchase l b. Procurement by small purchase c. Procurement by sealed bid : - d. Procurement.by competitive proposal e. Procurement by non-competitive proposal, solely when the award of a contract is unfeasible under the other methods The State must be contacted for approval to use a noncompetitive procurement method. 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. Page 5 dal TDEM-September 2019 . GRANT TERMS AND CONDITIONS The cost plus a percentage of,cost and percentage of construction cost methods of contracting are ineligible. Must perform cost/price analysis for every procurement action in excess of the Simplified Acquisition Threshold. . Must negotiate profit as a separate element where required. 4. Evidence of non-debarment for vendors must be documented through, http://www,sam. iov/portal/publicISAM and http://www,window state.tx.us/procurement/proc/vendor performance/debarred/ and submitted for review. 5. Comply with rules related to underutilized businesses (small and minority businesses, women's enterprises and labor surplus firms) at 2 CFR 200.329 I. Monitoring, Subrecipient will be monitored periodically by federal, state or local entities, both programmatically and'financially, to ensure that project goals, :objectives, performance requirements, timelines, milestone completion, budget, and 'other program-related criteria .are met. TDEM; or its authorized representative, reserves the right to perform periodic desk/office- based and/or on-site monitoring of Subrecipient's compliance with this Grant and of the adequacy and timeliness of Subrecipient's performance pursuant to this Grant: 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 and shall include requirements for the timely correction of such deficiencies by Subrecipient. Failure by Subrecipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. J. Audit. 1: Audit of Federal and State Funds. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single.Audit.Act(OMB 2 C.F.R. 200.501, formerly A 133). Subrecipient shall comply, as applicable,with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. 2. Riioht to Audit. Subrecipient shall give the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (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 Grant funds received : and performances rendered under this Grant. Subrecipient shall permit TDEM or its authorized representative to audit Subrecipient's: .records'. Subrecipient shall provide any documents, materials or information necessary to facilitate such audit. 3. Subrecipient's Liability for Disallowed Costs. Subrecipient understands and agrees that it shall be 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 Page 6 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS : from funds that were not provided or otherwise made available to Subrecipient pursuant to this Grant or any other federal contract. 4. Subrecipient's Facilitation of Audit. Subrecipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as TDEM may require of Subrecipient, Subrecipient shall 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. 5. State Auditor's Clause. Subrecipient understands that acceptance of funds under this Grant 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 in the conduct of the audit or investigation, :. including providing all records requested. Subrecipient shall ensure that this clause concerning the State Auditor's Qffice'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 Grant. K. Retention and Accessibility of Records. 1. Retention of Records. Subrecipient shall follow its own internal retentaion policy, or the state's retention policy, whichever is stricter. At a minimum, the subrecipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB 2 C.F.R. Subpart D — Post Federal Award Requirements, §200.333-337,: and this Grant. 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, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or TDEM may direct Subrecipient to retain documents or to transfer certain records to DHS/FEMA custody when DHS/FEMA determines that the records possess long term retention value. 2. Access to Records. Subrecipient shall give the United States Department of Homeland Security, 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 Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall 'continue as long as the records are retained by Subrecipient. L. Changes. Amendments. Suspension or Termination 1. Modification. DHS/FEMA or TDEM may modify this Grant 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 Grant. Any alteration, addition, or deletion to this Grant by Subrecipient is not valid. . 2. Effect of.Changes in Federal and State Laws. Any alterations, additions, or deletions to . this Grant that are required by changes in federal and state laws, regulations or policy are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation..In the event DHSIFEMA or TDEM determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Subrecipient shall be notified of the changes in writing. Once:notification.has Page 7of20 TDEM-September 2019 . GRANT TERMS AND CONDITIONS been made, any subsequent request for funds will indicate Subrecipient's acceptance of the changes to this Grant. 3. Suspension. In the event Subrecipient fails to comply with any term of this Grant, TDEM may, upon written notification to Subrecipient, suspend this Grant,.In whole or in part, withhold payments to Subrecipient and prohibit Subrecipient from incurring additional obligations of this Grant's funds. 4. Termination. TDEM shall have the right to terminate this Grant, 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 term of this Grant TDEM shall provide written notice of the termination and include:_: a. The reason(s)for such termination; b. The effective date of such termination; and c. In the case of partial termination,the portion of this Grant to be terminated. d. Appeal may be made to the Deputy Chief of the Texas Division of Emergency Management=Recovery;&Mitigation. M. Enforcement. If Subrecipient materially fails to comply with any term of this Grant, 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 DHS/FEMA may take one or more of the following .. actions, as appropriate in the circumstances: • Increased monitoring of projects and require additional financial and performance reports 2. : Require all payments as reimbursements rather than advance payments 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 DHS/FEMA to wholly or partially de-Obligate funding for a-project 6 Temporarily withhold cash payments pending correction of the deficiency by subrecipient or more severe enforcement action by TDEM or DHS/FEMA;: 7. . Withhold further awards for the grant program • 8. . Take other remedies that maybe legally.available In taking an enforcement action, TDEM will provide Subrecipient an opportunity for a hearing, appeal, or other administrative proceeding to which.Subrecipient is entitled under any statute or regulation applicable to the action involved. The costs of Subrecipient resulting from obligations .incurred by Subrecipient during a suspension or after termination of this Grant are not allowable unless TDEM or DHS/FEMA expressly authorizes them in the notice of suspension or termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: • The costs result from obligations which were properly incurred by Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non-cancellable; and • The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section; including suspension and termination, do not preclude Subrecipient from being subject to "Debarment and Suspension" under E.O. Page 8 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS 12549. 2 C.F.R., Appendix II to Part 200, (I). N. Conflicts of Interest. The subrecipient will maintain 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 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. • O. Closing of this Grant. TDEM will close each subaward after receiving all required final documentation 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. At the completion and closure of all Subrecipient's projects (subawards), TDEM will request the Subrecipient to Certify the completion of all projects (subawards) in accordance of the grants terms and conditions to state there are no further claims under this subgrant The a closeout of this Grant does not affect: 1. DHS/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,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 Grant that impose continuing obligations on Subrecipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. P. Notices,All notices and other communications pertaining to this agreement shall be delivered in electronic format and/or writing and shall be transmitted by fax, e-mail, personal hand-delivery(and receipted for) or deposited in the United States Mail, as certified mail, return receipt requested and postage prepaid, to the other party. • Page 9 of 20 TDEM—September 2019 • GRANT TERMS AND CONDITIONS • EXHIBIT A . • ASSURANCES - 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, . program and to purchase flood insurance if the total cost of•Insurable managerial and financlal capability(including funds sufficient to pay the non- • • construction and acquisition Is$10,000 or more. Federal share of project cost)to ensure proper planning,management and . .- completion of the project described in this Grant. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a)institution of environmental quality control measures •2. Will give the Department of Homeland Security, the Texas Division of under the National Environmental Policy Act of 1969:(P.L. 91-190 as Emergency Management,the Comptroller General of the United States and, amended by 42 U.S.C.4311 et seq.and Executive Order(EO)11514)which if appropriate,the State, through any authorized representative,access to establishes national policy goals and procedures to protect and enhance the and the right to'examine all records,books,papers,or documents related to • • environment,Including protection against natural disasters.To comply with this Grant and will establish a proper accounting system In accordance with .NEPA for OHS grant-supported activities, DHS-FEMA 'requires the • • generally accepted accounting standards or agency directives. environmental aspects to be reviewed end evaluated before.final action on: . • • the application;(b)notification of violating facilities pursuant to..O 11738; 3. Will establish safeguards to prohibit employees from using their positions for . (c) protection of wetlands pursuant to EO 11990; (d)evaluation of flood a purpose that constilutes or presents the appearance of personal or hazards In floodplatns in accordance with EO 11988; (e) assurance of organizational conflict of Interestor personal gain. project consistency with the approved State management program .developed under the Coastal Zone Management Act of 1972 (16 U.S.C. ' 4. Will Initiate and complete the work within the applicable time frame after §§1451 et seq.); (I)coniply with the Clean Air Act of 1977, (42 U.S.C.• receipt of approval of the awarding'agency. §§7401 et seq.and Executive Order 11738)providing for the protection of • end enhancement of the quality of the nation's air resources to promote 5. Will comply with the intergovernmental Personnel Act of 1970(42 U.S.C. -• public health and welfare and for restoring and maintaining the chemical, §§4728-4763) relating to prescribed standards for merit systems for physical, and biological Integrity of the nation's waters; (g) protection of programs funded under one of the 19 statutes or regulations specified In Underground sources of drinking water under the Safe Drinking Water Act.of • Appendix A of OPM's Standards for a Merit System of Personnel 1974,as amended(P.L.93-523);and,(h)protection of endangered spedes Administration(5 C.F.R,900,Subpart'F). under the Eridangered,Specles Act of 1973;as amended(P.L.93-205). 6. Will•comply with all Federal statutes relating to nondiscrimination, These 12. Will comply with the Wild and Scenic Rivers Act of 10.68(16 U.S.C.§§1271 et Include but are not limited to:(a)Title VI of the Civil Rights Act of 1064(P.L. seq.) related to protecting components or potential components of the 88-362)which prohibits discrimination on the basis of race,color or national • national wild and scenic rivers system • 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 13. Will assist the awarding agency in assuring compliance with Section 106 of discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act the National Historic Preservation Act of 1966,as amended(16 U.S.C. of 1973,as amended(29 U.S.C.§794),which prohibits discrimination on the §470),EO 11593(Identification and protection of historic properties),and the basis of handicaps;(d)the Age Discrimination Act of 1975,as amended (42 . Archaeological and Historic Preservation Act of 1974(18 U.S.C:§§469a-1 et U.S.C.§§6101-6107),which prohibits discrimination On the basis of age;(e) seq.). • • the Drug Abuse Office and Treatment Mt of 1072 (RL. 92-255), as amended,relating to nondiscrimination on the basis of drug abuse;(f)the , 14. Will comply with P.L 93-348,45 C.F.R.46,and DHS Management Directive . Comprehensive Alcohol Abuse and.Alcoholism Prevention.'Treatment and. 026-044(Directive)regarding the protection of human subjects Involved In Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to research, development, and related activities supported by this Grant. nondiscrimination on the basis of alcohol abuse'or alcoholism;'(g)§§523 Research means a systematic investigation, including research, and 527 of the Public Health Service Act of 1912(42 U.S.C,§§290dd-3 and development,testing,and evaluation designed la develop or contribute to 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse general knowledge. See Directive for additional provisions for including• • patient records; (h)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. humans in the womb,.pregnant women,and neonates•(S'ubpart 9);prisoners §§3601 et seq.),as amended,relating to nondiscrimination in the sale,rental (Subpart C); and children (Subpart D), See also state and local law for or financing of housing; (I) any other nondiscrimination provisions In the research using autopsy materials: .specific statute(s)under which agreement for Federal assistance is being made; and (j)the requirements of any other nondiscrimination statute(s) 15. Will comply with the Laboratory Animal Welfare Act of 1966(P.L.89-544,as which may apply to the application. 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 • 7. Will comply or has already complied with the requirements of Titles-I1 and ill. . In research,transported commercially,or exhibited to the public according to of the Uniform Relocation Assistance end Real Property Acquisition Policies the Guide for Care and Use of Laboratory Animals and Public Health Act of 1970(P.L.91-646)which provide for-fair end equitable treatment of Service Policy and Government Principals Regarding the Care and Use of persons displaced or whose property is acquired as a result of Federal or Animals. federally-assisted programs.These requirements apply to all intereste in real property acquired for project purposes regardless of Federal participation in purchases, • 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 8. Will comply,as applicable,with pro'vlsions of the Hatch Act(5 U.S.C.§§1501- or rehabilitation of residence structures. • 1508 end 7324-7328)which Gm8 the political activities of employees whose principal employment activities are funded In whole or In part with Federal 17. Will cause to be performed the required financial and compliance audits in funds. accordance with the Single Audit Act Amendments of 1996 and OMB 9. Will comply,as applicable,with the provisions of the Davis-Bacon Act(40. Circular No.A-133(now OMB 2 C.F.R. 200.500),"Audhs of States,Local • Governments,and Non-Profit Organizations." . .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 Horns and Safety Standards Act(40 U.S.C. §§327-333), regarding labor standards for federally-assisted 18. WiII comply with all applicable requirements of all ether Federal'lews, construction sub-agreemente. executive orders, regulations,grant guidance, and policies governing this Grant. . 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 florid hazard area to participate!tithe Page 10 of 20 TDEM—September 2019 • • GRANT TERMS AND CONDITIONS • 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 requirements of any other nondiscrimination statue(s)which may apply • institutional, managerial and financial capability (including funds to the agreement. sufficient to pay the non-Federal share of project costs) to ensure 11. Will com 1 or has alreadycomplied with the requirements of Titles 11 proper planning, management and completion of project described in py p q this Grant. and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(P.L.91-646)which provide for fair and 2, Will give the Department of Homeland Security,the Texas Division of equitable treatment of persons displaced or whose property is acquired Emergency Management,the Comptroller General of the United States as a result 'of Federal and federally=assisted.;programs. These and,if appropriate,the State,the right to examine all records,books, requirements apply to all interests in real property acquired for project papers,or documents related to this Grant and will establish a proper purposes regardless of Federal participation in purchases. accounting system in accordance with generally accepted accounting standards or agency directives. 12. Will 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 • 3. Will not dispose of,modify the use of,or change the terms of the real principal employment activities are funded in whole or in part With • property title or other interest in the site and facilities without permission Federal funds. and instructions from the awarding agency. Will record the Federal awarding agency directives and will Include a covenant in the title of 13. Will comply,as applicable,with the provisions of the Davis-Bacon Act . real property acquired in whole or in part with Federal assistance funds (40 U.S.C.§§276a to 276a-7),the Copeland Act(40 U.S.C.§276c and to assure nondiscrimination during the useful life of this Grant. 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- 4. Will comply with the requirements of the assistance awarding agency assisted construction sub-agreements. with regard to the drafting, review and approval of construction plans and specifications. 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 5. Will provide and maintain competent and adequate engineering requires recipients In a special flood hazard area to participate In the • supervision at the construction site to ensure that the complete work program and to purchase flood insurance if the total cost of Insurable conforms with the approved plans and specifications and will furnish construction and acquisition is$10,000 or more. progressive reports and such other information as may be required by • 15. Will comply with environmental standards which may be prescribed • the awarding agency or State. pursuant to the following: institution of environmental quality control • 6. Will initiate and complete the work within the applicable time frame after (a)measures under the National Environmental Policy Act of 1969(P.L. receipt of approval of the awarding agency. 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 7. Will establish safeguards to prohibit employees from using their protect and enhance the environment, including protection against positions for a purpose that constitutes or presents rho appearance of natural disasters; (b)notification of violating facilities pursuant to EO porsonal or organizational conflict of interest or personal gain. 11738;(c)protection of wetlands pursuant to EO 11990;(d)evaluation 8. Will comply with the intergovernmental Personnel Act of 1970(42 of flood hazards in floodpiains in accordance with EO 11988; (o) U.S.C.§§472B-4763)relating to prescribed standards of merit systems assurance of project consistency with the approved State management for programs funded under one of the 19 statutes or regulations program developed under the Coastal Zone Management Act of 1972 specified in Appendix A of OPM's Standards for a Merit System of (16 U.S.C.§§1451 et seq.);(f)comply with the Clean Air Act of 1977, • Personnel Administration(5 C.F.R.900,Subpart F). (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 9. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 resources to promote public health and welfare and for restoring and U.S.C.§§4801 et seq.)which prohibits the use of lead-based.paint in maintaining the chemical, physical, and biological integrity of the construction or rehabilitation of residence structures. nation'%waters;(g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L.93-523); 10. Will comply with all Federal statutes relating to nondiscrimination. and, (h) protection of endangered,species under the Endangered These include but are not limited to:(a)Title Vi of the Civil Rights Act of 'Species Act of 1973,as amended(P.L.93-205). 1964(P.L.88-352)which prohibits discrimination on the basis of race, - i color or national-origin; (b)Title IX of the Education Amendments of 16. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. 1972, es amended (20 U.S.C. §§1681 1683,and 1685-1686 and 44 §§1271 et seq.) related to protecting components or potential - C.F.R. Part 19),which prohibits discrimination on the basis of sex;(c) components of the national wild and scenic rivers system. Section 504 of the Rehabilitation Ad of 1973,as amended(29)U.S.C. i7. Will assist the awarding agency in assuring compliance with Section §794),which prohibits discrimination on the basis of handicaps;(d)the 106 of the National Historic Preservation Act of 1966,as amended(16 Age Di -Aet of 1975,as amended(42 U.S.C.§§6101-61t17), U.S.C. §470), EO•11593 (identification and protection of historic which prohibits discrimination on the basis of age;(e)the Drug Abuse properties), and the Archaeological and Historic Preservation Act of Office and Treatment Act of 1972(P.L,92-255),as amended relating to 1974(16 U.S.C.§§469a-1 et soq). nondiscrimination on the basis of drug abuse;(f)the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment • and 18. Will cause to be performed the required financial and compliance audits rehabilitation Act of 1970 (P.L 91-616), as amended, relating to In accordance with the Single Audit Act Amendments of 1996 and OMB • nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Circular No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, . • §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. Local Governments,and Non-Profit Organizations." . §§29Ddd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil Rights 10. Will comply with all applicable requirements of all other Federal laws, Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to executive orders, regulations, grant guidance and policies governing nondiscrimination in the sale, rental or financing of housing; (I) any this Grant. other nondiscrimination provisions In the specific statue(s)under which agreement for Federal assistance Is being made; and (I) the • • .Page 11 of 20 • TDEM—September 2019 GRANT TERMS AND CONDITIONS Exhibit C Certifications for Grant Agreements' The undersigned,as the authorized official,certifies the following to the'best of his/her knowledge and belief. A. 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. B. 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-LLL Disclosure of Lobbying Activities,in accordance with its instructions: C. 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 ell.subrecipients shall certify and disclose accordingly.This certification is a Material representation of fact upon which reliance was placed 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 subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. D. 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:. 1. Are not debarred,suspended,proposed 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.Subrecipient can access debarment information by going to www.sarn.gov and the State Debarred Vendor List at:_ www.window.state.tx.us/procurement/proq/vendor-performance/debarred. 2 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, making false statements, or receiving stolen property; 4 Are notpresently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(D)(2)of this certification; 4. 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 5. 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). E. 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. F. 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. G. Subrecipient will comply with the Drug-free Workplace Act,in Subpart B of 2 C.F.R.Part 3001. H 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-129 and form'SF-424, ite m number 17 for additional information and guidance. I. 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. J. Subrecipient understands that failure to comply with any of the above assurances may result in suspension,termination or reduction of funds in this"Grant. Page 12 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS 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 Subreciplent'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 Subreciplent 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 revoked 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, or shall 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 insure that all terms, conditions, and specifications are met. (See UGMS Section_.36 for additional guidance on contract provisions). l 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 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.§§1661-1683, 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,il,and Ill 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 certain testing 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; (f) 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 Mt 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(j)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. §§7321-29),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. Page 13 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS 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)Implem entation Plans under Section 176(c)of the Clear Alr Act of 1955,as amended(42 U.S.C:§§7401 et seq.);(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). 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), EQ.11593(identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.§§469a-1 of seq.). 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 commer daily,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 taxforms. 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 athttes:l/www.sam.eov/aortal/public/SAM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann.,Sec.85.001,et seq. Page 14 of 20 TDEM—September 2019 ' GRANT TERMS AND CONDITIONS EXHIBIT E Environmental Review As the duly authorized representative.of Subrecipient,I certify that Subreclplent: 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 FEMA's 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 EHP Screening Form .OMB Number 1660-0115/FEMA Form 024-0-01 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. 5. 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 ere not limited to communications towers, physical security enhancements 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 FEMA'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 FEMA and the appropriate State Historical Preservation Office. . . i Page 15 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS EXHIBIT F Additional Grant Conditions 1. Additional damage requiring a new Public Assistance pro}ect to be written must be reported within 60 days following the Project Scoping meeting with the State- Federal team: 2. All work must be done prior to the approved project completion deadline assigned to each Project (POP). 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. The reason for an extension must be based on extenuating circumstances or unusual project requirements that are beyond the control of your jurisdiction/organization. Failure to submit a time extension request 60 days prior to the end of the period of performance may result in reduction or withdrawal of federal funds for approved work, 3. Any significant change to a project's approved Scope of Work must be reported and approved through TDEM and FEMA before starting the project Failure to do so will jeopardize grant .funding. The Subrecipient shall submit requests for cost overruns requiring additional obligations to TDEM, who will forward to FEMA for review and approval;prior to incurring costs. 4. The Project Completion.and Certification Report must be submitted to TDEM within 60 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; or Duplication of Benefits form certifying other funds were received to complete the project. 5. A cost overrun appeal on small ($128,900) Public Assistance projects must be reported to the Texas Division of Emergency Management (TDEM)within 60 days of completing the last small project in order to be considered for additional funding. 6. Appeals may be filed on any determination made by FEMA or TDEM. All appeals must be submitted to TDEM within 60 days from receiving written notice of the action you wish to appeal. Should you wish to appeal a determination contained in the project application, the 60 days will start the day the application is signed. Appeals for Alternative Projects will be subject to the terms of the signed agreement for the Alternative Project. 7. Public Assistance program projects will not receive funding until all of the requirements identified in the - comments section of the Project Worksheet are met. . 8. You may request a payment of funds on projects by initiating a Request. for Reimbursement (RFR) in TDEM's Grant Management System (GMS) or an Advance of Funds Request (AFR), and Including documentation supporting your request Small Public Assistance projects are paid upon obligation and will be Initiated by TDEM personnel. Payments for open projects must be requested at least quarterly if expenditures have been made in that quarter. • 9. Subrecipients will be required to submit quarterly project reports (QPR) for open large projects using TDEM's GMS. Your assigned Grant Coordinator will coordinate the due date for your specific reporting. Public Assistance program small projects are typically'exempt from quarterly reporting, however TDEM reserves the right to require QPRs on any smalls requiring a POP extension. The.first quarterly report will be due at the end of the first full quarter following the quarter in which the project was obligated. No quarterlies are required for projects that Subrecipient has initiated a closeout request and has provided a certificate of completion: Failure to submit required quarterly reports for two or more quarters can result in withholding or deobligation of funding for Subrecipients until all reports are submitted and, up-to-date_ Page 16 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS • 10.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. A copy of the Single Audit must be submitted to your cognizant State agency or TDEM within'nine months of.the end of the subreclplent's fiscal year. Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter must be sent to TDEM certifying to this. 11.Subrecipients will not make any award to any party which is debarred or°suspended, or is otherwise excluded from participation in the Federal assistance programs (EO 12549, Debarment and.Suspension). Subrecipient must maintain documentation validating review of debarment list of eligible contractors. 12.Subrecipients must keep record of equipment'acquired by federal funds for the life'cycle of the equipment. A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of equipment is valued over $5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If the fair market value of a piece of equipment is less than $5,000, the property can either be retained, sold or designated as surplus with no further obligation to FEMA. • 13.TDEM will be using the new FEMA Public Assistance Delivery Model to facilitate the writing of project worksheets (Portal). Subrecipient will be responsible for establishing and maintaining an active account in the Portal and to provide and upload timely, all information requested that is needed to write accurate project worksheets. The Portal will'provide the Subrecipient visibility of the entire project writing process. 14.TDEM:will be using its new Grant Management System (GMS) for Subrecipient grant management functions. Subrecipient will access:GMS to initiate Requests for Reimbursements (RFR), Advance of Funds Requests (AFR), Time Extensions, Scope and Cost changes requests, Quarterly Reports; Project Closeouts, Appeals, and other items deemed necessary by TDEM. 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. 16.2 CFR 200.210(a)(15), 2 CFR 200.331(a)(1)(xiii) and (a)(4) make reference to indirect cost rates. The Subrecipient may use the negotiated:Indirect Cost Rate approved'by its cognizant agency, or may use the 10% de minimis rate of modified total direct costs (MTDC) (as per§ 200.414) when receiving Management Costs. • E • • • Page 17 of 20 TDEM—September 2019 ' GRANT TERMS AND CONDITIONS EXHIBIT G ;:sue" .- -`' m , grozw: - ,s� :� w ��. .�.. K��. >>>ivlaFY�'L�ei:tEfica�iion�'`�� '� � � Additional Grant Certifications Subrecipient certifies that it has the ability to meet or exceed the cost share required for all subawards(Projects) and amendments(versions)under this Grant Agreement. 1 •v�-':c>''�:�=-�=,5-'•,�;""may =-z`� "�'�`�'7s,�ra��:;�''"'"�--�a':m�;e,✓.�=".=� cy,-=;;::-�..- --4- 4 . -•�::.:_kk n=WW:" fAr mow �: u-9uraf[oi�...: #?r",�`ta�'i=S�a eznent�x�,�-•,�..r •�;:�;� - ��:�-�a Subrecipient certifies there has not been,nor will there be,a duplication of benefits for this project Match Certification d � ! r - �. ,.fib. git.M : :.... `.�-i;::..•x;.:..:..:....:..::..+�......,r::fi;�+:nee Subrecipient certifies that it is not delinquent on any Federal Debt. For Hazard Mitigation Projects Only: NRICIIMMOVinIfetatra),ena:.c rye � y -tit- --+'%_-''n�::.c. _ � :u.3i x= az=+�++:'��'^�'.`-F:'1�:.-.'s:'rig...., x+M..Y w<� -:..:... m.� Applicant certifies that if there is a Maintenance Agreement needed for this facility copy of that agreement will be provided to TDEM. .c�3:i':%``"��•^-fT'NK•h5�iatP.a�4�,..,'�.��:::.ism.':3-sr-a:��;�x:�`r�?_a=.his+;�v�-m�-',z-.��a.�ce?.;-*.,'�,'�'<�' CQn sillfs 5a ae�} � q- • a 3.�. ` _e. : Federal Executive Order 12898.compliance requirements-If there are any concentrations of low income or minority populations In or near the HMGP project: 1. Applicant certifies that the HMGP project result will not result in a disproportionately high or adverse effect on low income or minority populations. OR 2. Applicant certifies that action will be taken to ensure achievement of environmental justice for low income and minority populations related to this HMGP project. 1 1 Page 19 of 20 TDEM-September 2019 Request for Information and Documentation Policy and Guideline It is crucial to the success of the overall Grant Program and to the timely completion and closure of awarded projects that timelines be established for providing information and documentation. TDEM has developed a framework to support this endeavor following a progressive series of communications for the Subrecipient(RFI).TDEM will work with you throughout the RFI process as communication is the key to your success. RFI Timelines First Informal Request" The primary contact for the Subrecipfent will receive the RFI via email with five business days to respond. i Second Informal Request A.second email to the primary contact will be sent with an additional five business days to respond. . i Third Informal Request A phone call will be made to the primary contact with a third email requesting the information to be provided within five business days. The Regional Section Administrator and State Coordinator will be copied. Fourth Formal Request The Supervising Program Director of Recovery will issue a certified letter to the highest ranking official highlighting previous requests and an additional ten days to provide the requested Information. Final Formal Request A final request by certified letter will be issued by:the Deputy Assistant:. Director of Recovery, Mitigation,and Standards,or the Assistant Director of the Texas Division of Emergency Management to the highest ranking official giving the final ten business days to respond or deobligation of the project'will begin. Final Action If the RFI is not sufficiently answered,the project will be deobligated, and any previously paid funds must be returned to TDEM. . : . Reference: RMS Services Grant Program Request for Information and Documentation August 2017. GRANT TERMS AND CONDITIONS , Please initial by each Exhibit, acknowledging you have received them, understand them,and agree to abide by them. . N/A Assurances- Non-Construction Programs, hereinafter referred to as "Exhibit A" GY .Assurances-Construction Programs,hereinafter referred to as"Exhibit B" Certifications for Grant Agreements, hereinafter referred to as "Exhibit C" p State of Texas Assurances, hereinafter referred to as"Exhibit D" OPEnvironmental Review Certification, hereinafter referred to as"Exhibit E" {il) ddConditions,PA itional Grant hereinafter referred to as"Exhibit F" Additional Grant Certifications, hereinafter referred to as"Exhibit G" N/A Request for Information and Documentation referred to as"Exhibit H" Please sign below to acknowledged acceptance of the grant and all exhibits in this agre ent, and to abide by all terms and conditions: 9-- 1/ S ature f edifying Official Date 04,1 Printed Name aid Title • Page 20of20 TDEM—September 2019 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 21:20:28 • RECORD OF ENVIRONMENTAL CONSIDERATION(REC) • Protect HMGP-DR-4332-TX Project#283 • • • Title:City of•Peariand Acquisitions NEPA DETERMINATION . Non Compliant Flag: No EA Draft Date: . • . EA Final Date: EA Public Notice Date: EA Fonsl Level: CATEX . .EIS Notice of Intent EIS ROD Date: Comment Under the proposed HMGP project,the City of Peariand(Brazorla and Harris County),Texas proposes to acquire one(1)vacant lot and acquire and demolish structures that are . ' • prone to flooding.The acquired properties will be deed restricted and will remain as open space in perpetuity. See attached EHP approved property.list. . . . .. This project has been determined to be Categorically Excluded from the need.to prepare edher an Environmental impact Statement or Environmental Assessment in accordance with FEMA.Instruction 108-1.1 and DHS Instruction 023-01-001-01;CATEX N3. Particular attention should be given Wire project conditions before and during project Implementation-Failure to comply with these conditions may jeopardize federal assistance Including funding. -jhowar25-09/24/2019 20:46:08 GMT ' • CATEX CATEGORIES • Catex Category Code Description . Selected • *n3 (*n3)Federal Assistance for Property Acquisition and Demolition.Federal • Yes • • assistance for the acquisition of properties and the associated demolition and removal when the acquisition Is from a willing seller,the assistance is solely for the purposes of financial compensation for the acquisition,and the land is deed • restricted to open space,recreational,wildlife habitat,or wetland uses In perpetuity.The CATEX does not apply to subsurface uses.of acquired properties,or acquired properties with encurnbrances or easements authorizing current or future subsurface uses that are not allowable and compatible with open space.This CATEX covers actions associated with,the determination of program eligibility.This CATEX does not cover Federal assistance actions that involve acquisition for the purpose of construction or development eta site in the acquired property.The use of eminent domain is explicitly excluded fromthe • CATEX. .. . • • -EXTRAORDINARY Extraordinary Circumstance Code Description Selected 2 No Extraordinary Circumstances were selepted ENVIRONMENTAL LAW/EXECUTIVE ORDER • . . . Environmental Law/ - Executive Order !talus Description Comment Clean Air Act(CAA} Completed Project will not result in permanent air emissions-Review concluded Coastal Barrier Resources Aot Completed Project Is not on or connected to CBRA Unit (CBRA)- • or otherwise protected area-Review concluded . • NOTE:All times are GMT using a 24-hour clock. Page 1 of 4 a9/25/2o19 FEDERAL EMERGENCY MANAGEMENT AGENCY REG-01 21:20:28 RECORD OF ENVIRONMENTAL CONSIDERATION(REC) Project HMGP-DR-4332-TX Project#283 Title:City of F'earland Acquisitions Environmental Law/ Executive Order Status Description Comment Clean Water.Act(CWA) Completed Project would not affect any water of the U.S. -Review concluded Coastal Zone Management Act Completed Project is located in a coastal zone area Based on consultation with Texas General Land (CZMA) and/or affects the coastal zone Office(GLO)and review of Coastal Coordination Council(CCC)General Concurrence 45,FEMA has determined that this project is deemed consistent with the goals and policies of the Texas Coastal Management Program(CMP)and consistency review procedures as Implemented by the GLO.-jhowar25-09/24/2019 20:48:28 GMT Completed Stale administering agency"does not require consistently review-Review concluded • :" Executive Order 11988- Completed Located in floodplaln or effects on : Portions of the project are located within AE and Ficodplains lloodpialNEload levels Floodway zone areas of 100-yr flooding,per various Flood Insurance Rate Map(FIRM)panels; (see attached property list).The proposed action is not likely to result in any potential direct Impacts that will adversely affect the natural values and function of ficodpiains,nor is it likely to Increase the risk of flood loss.-jhowar25: 09/24/2019 20:53:46 GMT . I Completed Beneficial Effect on Floodplain OccupanoyNaluos-Review concluded Executive Order 11990_ Completed No effects on wetlands and project outside A review of the National Wetland Inventory Wetlands wetlands-Review concluded (NWI)online mapper,accessed on 9/23/2019 for the site,indicates that portions of the project area are adjacent to a designated wetland, however the project is for the acquisition and demolition of existing structures which is not likely to affect wetlands.-Jhowar25-09/24/2019 20:54:40.GMT Executive order 12898- Completed Low Income or minority population In or near Environmental Justice for Low project area Income and Minority Populations Completed No disproportionately high and adverse Impact on low income or minority population-. Review concluded Endangered Species Act(ESA) Completed Listed species and/or designated critical habitat present In areas affected directly or indirectly by the federal action NOTE:Ali times.are GMT using a 24-hour clock. Page 2 of 4 . . • 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 • 21:20:28 • . . RECORD OF ENVIRONMENTAL CONSIDERATION(REC) Project• HMGP-DR-4332-TX Project • Title:City of Pearland Acquisitions • Environmental Law/ • Executive Order Status Description . . Comment • Completed No effect to species or designated critical • habitat(See comments for justification)- Review concluded • . Farmland Protection Policy Act Completed Project door,not affect designated prime or ' (FPPA) unique farmland-Review concluded Fish and Wildlife Coordination Completed• Project does not affect,control,or modify a - Act(FWCA) waterway/body of water-Review concluded • MigratoryCompleted Bird Treaty Aol(MBTA) Project located within a flyway zone ; • Completed Project does not have potential to take . migratory birds-Review concluded • Magnuson-Stevens Fishery Completed Project not located in or near Essential:Fish •• Conservation and Management Habitat-Review concluded ' Act(MSA) National I Iistoric Preservation Act Completed Standard Section 106 roviaw For some properties,FEMA has determined that (NHPA) there will be No Historic Properties Affected. . SHPO concurrence with this determination was • received,dated August 12,2019.For the • . remaining properties,the scope of work has been reviewed and meets the criteria in • Appendix B-Programmatic Allowances, • . II.B.10.a of FEMA's'Programmatic Agreement :' . . (PA)dated September 11,2014.1n accordance • with this PA,FEMA is not required to determine • the National Register eligibility of properties where work performed meets the Appendix B ' . criteria. The scope'of work has been reviewed • and FEMA has determined that the project will . . , not require Tribal Consultation.-rmoyerl- • 09/25/2019 13:34:44 GMT Completed Building or structure 50 years or older or • listed on the National Register In the project " • • • area and activity not exempt from review Co mpleted ompleted . Determination of No Historic Properties • • Affected (FEMA llnding/SHPO/rHPO - concurence attached)-Review concluded • Completed Project affects only previously disturbed ground-Review concluded . • NOTE:All times are GMT using a 24-hour clock. • Page 3 of 4 • 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 j 21;20:29 i • RECORD OF ENVIRONMENTAL CONSIDERATION(REC) Project 1-IMGP-DR-4332-TX Project#283 _ Title:City of Peariand Acquisitions Environmental Law/ Executive Order Status . Description Comment . Resource Conservation and Completed Review concluded Recovery Act,aka Solid Waste Disposal Act(RCRA). Wild and Scenic Rivers Act Completed Project is not along and does not affect Wild (WsR) and Scenic River-Review concluded. CONDITIONS Special Conditions required on implementation of Projects: Applicant must coordinate with the local floodplain administrator,obtain required permits prior to initiating work,and comply with any conditions of the permit to ensure harm to and from the floodplain Is minimized. All coordination pertaining to these activities should be retained as part of the project file in accordance with the respective grant program instructions. Source of condition:Executive Order 11988-Floodpialns Monitoring Required: No Where appropriate,the applicant shall ensure that best management practices are implemented to prevent erosion and sedimentation to surrounding,nearby or adjacent wetlands.This includes equipment storage and staging of construction to prevent erosion and sedimentation to ensure that wetlands are not adversely impacted per the Clean Water Act and Executive Order 11990. Source of condition:Executive Order 11990-Wetlands Monitoring Required: No If any asbestos containing materials,lead based paint and/or other hazardous materials are found during remediation or repair activities, the applicant must comply with all federal,state and local abatement and disposal requirements under the National Emissions Standards for Hazardous Air Pollutants(NESHAP). . Source of condition:Clean Alr Act(CAA) Monitoring Required: No Unusable equipment,debris and material shall be disposed of In an approved manner and location.In the event significant items(or evidence thereof)are discovered during implementation of the project,applicant shall handle,manage,and dispose of petroleum products,hazardous materials and toxic waste In accordance to the requirements and to the satisfaction of the governing local,stale and federal agencies. Source of condition:Resource Conservation and Recovery Act,aka Solid Waste Monitoring Required: No Disposal Act(RORA) Standard Conditions: Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address all federal,state and local requirements.Acceptance of federal funding requires recipient to comply with all federal,slate and local laws.Failure to obtain all appropriate federal,state and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction,applicant will monitor ground disturbance and If any potential archeological resources are discovered,will immediately cease construction in that area and notify the State and FEMA. NOTE:Ali times are GMT using a 24-hour dock. Page 4 of 4 DEED RESTRICTION—3102 Glastonbury In reference to the property located at 3102 GLASTONBURY("the Property") in PEARLAND,TEXAS conveyed by the Deed between CHARLES LEE&JULIEANNE T.AIKEN, participating in the federally-assisted acquisition project ("the Grantor"), and the City of Pearland ("the Grantee"), its successors and assigns: WHEREAS,the legal description of the Property is"TWIN CREEK WOODS (PEARLAND) BLK 10 LOT 9-10;" WHEREAS, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program, including the acquisition and relocation of structures in the floodplain; WHEREAS,the mitigation grant program provides a process for a local government,through the State,to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain,to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; WHEREAS, STATE OF TEXAS —TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency and has entered into a mitigation grant program Grant Agreement in 2018 with FEMA and herein incorporated by reference; making it a mitigation grant program grantee. WHEREAS,the Property is located in Pearland, Brazoria County,Texas and the Grantee participates in the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed; WHEREAS,the Grantee,acting by and through the CITY COUNCIL OF THE CITY OF PEARLAND, has applied for and been awarded federal funds pursuant to an agreement with STATE OF TEXAS—TEXAS DIVISION OF EMERGENCY MANAGEMENT dated December 19, 2019 ("State-Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; and WHEREAS,the Grantee has acquired and demolished the property and is imposing the restrictions herein upon itself, in compliance with the Federal program regulations consistent with 44 C.F.R. Part 80. Now,therefore,the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the [select mitigation grant program] program statutory authorities, Federal program requirements consistent with 44 C.F.R.Part 80,the Grant Agreement,and the State-local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation);unimproved,unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii.A public rest room;or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d.Transfer.The Grantee,including successors in interest,shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However,the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv.Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State,Tribe,or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part,the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years on January 15 the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest,shall submit through the State to the FEMA Regional Administrator a'report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80,the property conveyance, and the grant award. 4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80,the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a.The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good ' faith effort to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: a)Withholding FEMA mitigation awards or assistance from the State or Tribe,and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c)Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State,the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA, the state, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6.Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable,the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. Grantee's Name:Clay Pearson o.b.o. City of Pearland Grantee's Title: City Manager, o.b.o. City of Pearland Grantee's Signature Date 1; J4--1 '2 N CERTIFICATE 0 CKNOWL�E/D ENT r� In the State of Texas, Brazoria County efor e, /V• ki , on this day personally appeared OKI , known to me to be the person whose name is subscribed to the foregoing 4-page instrument dated January 13,2021, entitled DEED RESTRICTION—3102 Glastonbury,and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. yen der nd d se I of office this /day of�l'.Lnva , 20.-I. — - (Notary's Signature) Notary Public,State of Texas •4164164",,,,,., I .��pY P�•4, CRYSTAL N ROAN- 1 C o? Notary Public,State of TexasIt* +' My Commission Expires I 1 , \ A/ January 29,2024 I 4 "f co'I " NOTARY ID 1057222-1 2018038544 DEED Total Pages: 6 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA § That, Charles Lee Aiken Jr. and Julieanne T. Aiken of the County of Brazoria, Texas, (hereinafter referred to as Grantor whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) and for other good and valuable consideration to Grantor paid by the City of Pearland, a political subdivision of the State of Texas, the receipt and sufficiency of which is hereby acknowledged, and by these presents do Grant, Bargain, Sell, and Convey unto the City of Pearland, (hereinafter referred to as Grantee), whose mailing address is 3519 Liberty Drive, Pearland, Texas 77581, its successors and assigns, all that certain tract or parcel of land lying and being situated in Brazoria County, Texas, more particularly described in the Metes and Bounds description labeled Exhibit "A" and more particularly shown in Exhibit "B", which are attached hereto and incorporated herein for any and all purposes. = ED N ato 0 o The Property conveyed shall include all right, title and interest, if any, of Grantor in and d ER 5 m to, (1) any land lying in a street, road, tollway, accessway or easement (including any a s o 7. 2 8 drainage or flood control easement) open, or proposed, in front of, at the side of, a m a adjoining, or within the Property, (2) the bed and banks of any bayou, stream, canal or ° O E ditch adjoining or adjacent to the Property, (3) all reversionary rights attributable to the N ° a a9R Property, "w p rty, and (4) all rights of ingress and egress to the Property by way of open or � .1 dedicated roads and streets adjoining the Property. . " 3 . C N m D = o 0 2 O 2 o 2 a C P Rev 1.0.2 s a, a' Parcel 2, Account Proiect 2018038544 Page 2 of 6 This conveyance is made by Grantor and accepted by Grantee subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-way and easements appearing of record in the Official Public Records of Real Property of Brazoria County, Texas, relative to the Property, but only to the extent the same are applicable to and enforceable against Grantee. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantor, its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all and singular the said premises unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject to reservations from and exceptions to warranty and conveyance described above. Executed this v< /thday of TU S/ , 20 / GRANTOR:__ B :" Charles Lee Aiken.Jr. B ` =� Ju annt?\T. Aiken Page 2 of 4 Rev 1.0.2 Parcel Account Project G.F# • • i 1 2018038544 Page 3 of 6 Acknowledgement THE STATE OF TEXAS § • COUNTY OF /7/9-R 1R. } S ch;b2.BEFORE ME tie undersigned Notary Public, on this day personally appeared ke5 hee�bker) rQ. ANd J'a/� Nal 7 ,41ke 4 , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 1 , A.D., 20 1 K . /613-itLytd•J 47/4,0SLv DoNio,mooRE NOTARY PUBLIC, STATE OF TEXAS �',PY►ye 4� tNotarVPUb 1iC.Stare of Texas rr:{V, comm.Expires 09-10-201 a ';;t;aF W. Notary IC) 5090741 Printed Name: My Commission Expires: Page 3 of 4 Rev 1.0.2 Parcel Account Project G.F# • 2018038544 Page 4 of 6 • ACCEPTED BY: The City o earland, a political Subdivisi n the State of Texas By: I/v Name: 1� 1�1 oyy • Title: i4i&i4o 4 Pi4 i par Acknowledgement THE STATE OF TEXAS § COUNTY OF t- ►a § ABEFORE ME, the undersigned Notary Public, on this day personally appeared A‘.1 rkAVt4. , known to me to be the person whose name is subscribed to the foregoing'-lnstrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF )Q17 ,A.D., 20 lK tL . NOTARY PUBLIC, STAT OF TEXAS Printed Name: J j .4- .. s My Commission Expires: PiNc. A Lt 2.0P- AFTER RECORDING RETURN TO: •"`'"�i JAN[7 itA•Rf.�fd;R+�G.R`: Darrin M. Coker, City Attorney 44tary u ::1 t,:,',C,aa•: City of Pearland `' my Commissie;n Upires 3519 Liberty Drive :� ,, May �,zozz Pearland, TX 77581 - Page 4 of 4 Rev 1.0,2 Parcel Account Project G.F# 2018038544 Page 5 of 6 Escrow File No.: TH 18204544-H EXHIBIT "A" Lot 9 and Lot 10,in Block 10,of Twin Creek Woods,in Brazoria County,Texas,according to the map or plat thereof recorded in Volume 8,Page.107,of the Map/Plat Records of Brazoria County,Texas. • 2018038544 Page 6 of 6 FILED and RECORDED Instrument Number: 2018038544 Filing and Recording Date: 07/27/2018 02:40:05 PM Pages: 6 Recording Fee: $42.00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas. ,4r . . *'. ' : w Joyce Hudman, County Clerk ,_, + Brazoria County, Texas ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk-april es DIVpIS/pN "Rjek Aril '-' �11 TDEM 0 TIICUXNSAA I UNIVIRSITY%MA - F` t"4► 1�,-Ai" �Pc�Nc awn PO4. November 22, 2019 Mr. Clay Pearson_ City Manager . . City of Pearland 3519 Liberty Drive Pearland, TX 77581 RE: Sub-Grant Award Dear Mr. Pearson: The Texas Division of Emergency Management (TDEM) has issued a sub-grant for the Hazard Mitigation Grant Program (HMGP).The following is the information related to this award:. .Sub-Recipient Information: DUNS Number: 020796397 TINS Number: 74-6028909 FIPS Number: : 039-56348-00 Award Information: Catalog of Federal Domestic Assistance: 97.039 , FEMA Project Number DR-4332-0283 Project Title: City of Pearland Acquisition Project Period of Performance (POP): October 28, 2019—May 22, 2022 Total. Federal Federal Share Local Local Share Version Date Subgrant Share Amount Share % Amount, Amount % . 0 10/28/2019 $5,064,214.00 75% $3,798,160.50 25% $1,266,053.50 Please Note: This award is not for research or development as defined in 2 Code of Federal Regulations (C.F.R.) § 200.87. The approved Scope of Work (SOW)follows and the terms and conditions of this award are attached. It is important that the sub-recipient read, understand and comply with the SOW and all teens and conditions.-It is also vital that this information be disseminated to sub-recipient's staff and contractors involved in work related to this project. Thee�Cityfof Pearland;,utilizing Ipr`e event�fair market;zvalue,'will acquire twenty tw,o:(22) severe'repetitive Iloss((SRL?)'orNpetifikie,;los04L)structures lm'flo'Ad,prLoOjeasrsanci P.O.Box 15467 Austin,78761 . • 24 Hours:512-424-2208,Fax 512-424-2444 Page 2 DR-4332-283 Award Letter #one1(1�)wacant5lot than+is in�`a ent�ical'geographic location�for the�flood mitigation endeavor included,inrthis project:!By cqummg 23,properties,the City,will m itigate future floodrelated losses ;Acquired land will be cleared and shall be dedicated in perpetuity as open space,for the conservation of natural floodplain functions in accordance with 44 C.F.R. § 80.17. This award is pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Section 404, and 44 C.F.R. § 206.434. Properties that have been approved as components in this project's SOW are listed below. TDEM will ensure duplications of benefits are deducted prior to closings. Property AProperty>Address Latitude Longitude 1 1107 UNION VALLEY DR 29.594023 -95.277206 2 3102 GLASTONBURY DR 29.593039 -95.268913 3 3108 BISHOPTON DR 29.593237 -95.269608 • 4 3114 BISHOPTON DR 29.593029 -95.270302 5 3313 ROBINSON DR 29.593600 -95.273239 6 3413 MEADOWVILLE DR 29.593578 -95.275070 7 3422 LETHBRIDGE ST 29.591503 -95.275177 8 1121 ROBERT ST 29.592819 -95.280731 9 1140 GLENDA ST . 29.593599 -95.282097 10 3511 KNAPP RD 29.591331 -95.279503 11 1916 SLEEPY HOLLOW DR 29.556456 -95.234558 12 2205 SLEEPY HOLLOW DR 29.560268 -95.237534 13 2604 SLEEPY HOLLOW DR 29.560760 95.238530 14 2617 GREEN TEE DR 29.560787 -95.241577 15 2701 GREEN TEE DR 29.560682 -95.241905 16 2625 GARDEN RD 29.560789: -95.320107 17 3003 LIVINGSTON DR 29.553394' -95.304489 • 18 5106 CARMONA LN 29.557203 -95.300140 19 5603 WOODVILLE LN 29.553886 -95.305168 20 6821 MEADOW LN 29.540503 -95.325874 21 4710 COMAL ST 29.584869 -95.296654 22 5104 RYAN ACRES DR 29.547464 95.299690 23 3306 GLASTONBURY DR 29.591383 -95.273117 .HMGP,fun s"cannot duplicate fun y= x p d ds received b or.Ravailable to�Reci�ient�or'Sub ) Recipients_from other sources+fortthe,same+purp^ose1xamples of other sources include insurance claims, other.assistance programs, legal awards, or other benefits associated • Page 3 DR4332-283 Award Letter with properties or damage that are subject of litigation.The Recipient, sub-recipient, and: property owner must identify any potential'Duplication of Benefits (DOB). FEMA deducts benefits from other sources from the purchase.offer. Repair assistance that has been used for its intended purpose is generally not deducted if documentation of the use is provided. Documentation of DOB consideration must be provided at time of closeout. In accordance with FEMA Instruction 108-1-1"and DHS Instruction 023-01-001-01; Categorically Excluded (CATEX) N3, FEMA concludes that the above mentioned project is categorically excluded from the National Environmental Policy Act.(NEPA) requirement to prepare further environmental documentation. No extraordinary • conditions in accordance with DNS Instruction 023-01-001-01 exist involving this project, Signing and returning this award letter indicates sub-recipient's acceptance of the scope of work of the sub-award, the ability to pay the local cost share and all grant terms and' conditions outlined in the attached documents. j The sub-recipient must ensure that: ! 1: The initial quarterly progress report for the project is submitted at the end of the approving quarter. Please include the project number (provided above) in your future quarterly reports. Note that 44 C.F.R. § 206.438(c) indicates the State must provide a quarterly progress report to FEMA indicating the status and completion date for each project funded.The report must include any problems or circumstances affecting completion dates, SOW, or project cost that may • :result in non-compliance with the approved grant conditions, 2. In accordance with.HMGP rules and policy, TDEM requires.the submittal of ail closeout documentation within 90-days of the project completion not to exceed the POP.The Governor's.Authorized.Representative (GAR)"shall certify that reported costs were incurred in the performance of eligible Work, that the approved work was completed and that the mitigation measure is in compliance :with the provisions of the FEMA-State Agreement' in accordance with 44 C.F.R. § 206.438(d). if changes are needed.to.the SOW for the sub-award, period of performance or costs associated to the sub-award, the sub-recipient should immediately contact TDEM. No. . change to:the sub-award will be considered approved until the sub-recipient is notified in writing by TDEM. This signed and dated award letter and attached grant terms and conditions must be returned to TDEM.before paymenton the sub-award can be processed. Your signature is required on both the last page of the award letter and the last page of the attached Page 4 DR-4332-283 Award Letter grant terms and conditions. Please sign, date, and return both the award letter along with the attached grant terms and conditions acknowledging acceptance of this sub- award to the address below: Texas Division of Emergency Management P.O. Box 15467 Austin, TX 78761 City of Pear an City Manager Date Should you ish to appeal any determination related to this sub-award you must do so within 60 days of receipt of the notice of the action.You will need to provide your appeal with any documentation supporting your position to your assigned TDEM project officer within the allotted time. If you have any questions please contact your Grant Coordinator, Charles Reagan at 512-940-6785 or charles.reagan c tdem.texas.gov Respectfully, W. Nim Kidd, MPA, CEM® Chief-Texas Division of Emergency Management Vice Chancellor for Disaster and Emergency Services The Texas A&M University System ATTACHMENTS: Grant Terms and Conditions Record of Environmental Considerations cc: Robert Upton, Director of Engineering & Capital Projects Joel Hardy, Grants,&Special Programs Administrator GRANT TERMS AND CONDITIONS This Grant Agreement(consisting of these terms and conditions and all exhibits)is made and entered into by and between the Texas Division of Emergency Management(TDEM), an agency of the State of Texas, hereinafter referred to as"TDEM," and the grant recipient,. - CITY OF PEARLAND, hereinafter referred to as the"Subrecipient."Furthermore,TDEM and the Subrecipient are collectively hereinafter referred to as the "Parties."All subawards made under this grant agreement are subject to the same terms and conditions below. .. Subrecipient may not assign or transfer any interest in this Grant without the express,,prior written consent of TDEM and DHS/FEMA. a.The term Recipient and pass-through entity have the same meaning as"Grantee,"as used in governing statutes, regulations, and DHS/FEMA guidance. , b. A Recipient is also a"non-federal entity"for grants administration purposes. c. A Subrecipient is also known as a"Subgrantee".as used in governing statutes regulations' and DHS/FEMA guidance. d.A Subrecipient is also a"non-federal entity"for grants administration purposes. e. The"Grant" referred to in this agreement is a subgrant to the Subrecipient passed thru from TDEM to the Subrecipient. f. Certifying Official will be the Mayor,Judge, or.Executive Director authorized to execute these grant terms and conditions,and to submit changes of Subrecipient Agents. f. Projects and any subsequent versions for those projects accepted by the Subrecipient and subsequently obligated or deobligated by DHS/FEMA:are considered subawards to this grant agreement. A. Standard of Performance. Subrecipient shall perform all activities as approved by TDEM. Any change to a project shall receive prior written approval by TDEM and, if required, by. FEMA. Subrecipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: . # 1. Assurances--Non-Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances—Construction Programs, hereinafter referred to as"Exhibit B" 3. Certifications for Grant Agreements, hereinafter referred to as"Exhibit C" 4. State of Texas Assurances, hereinafter referred to as"Exhibit D" 5. Environmental Review Certification, hereinafter referred to as "Exhibit E". 6. .Additional Grant Conditions, hereinafter referred to as "Exhibit F" 7. Additional Grant Certifications, hereinafter referred to as"Exhibit G" 8. Request for Information and Documentation referred to as"Exhibit H" B. Failure to Perform. In the event Subrecipient fails to implement and complete the: project(s) approved and awarded, or comply with any provision of this Grant, Subrecipient shall be liable to TDEM for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds Page 1 of 20 TDEM—September 2019. • " GRANT TERMS AND CONDITIONS or any.other grant program funds administered by TDEM until repayment to TDEM is made and any other compliance or audit finding is satisfactorily resolved, In addition to any other remedy specified in this Grant. Failure to timely implement and complete projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by TDEM. . C. Funding Obligations. TDEM shall not be liable to Subrecipient for any costs incurred by Subrecipient that are not allowable costs. 1. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by TDEM under this Grant shall not exceed the total cumulative award amounts listed on the Subawards(projects and subsequent versions). 2. Subreciplent shall contribute the match funds listed on the subaward. Subrecipient shall refund to TDEM any sum of these Grant funds that has been determined by TDEM or DHS/FEMA to be-an overpayment to Subrecipient or that TDEM determines has not been spent by Subrecipient in accordance with this Grant. No refund payment(s) shall be made from local,.state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Subrecipient shall make such refund to TDEM within thirty(30) calendar days after TDEM requests such refund ' D. Performance Period. The performance period for this Grant is listed on the subaward letter for each project. All projects shall be completed within the performance period AND all reimbursement reauests shall be submitted to TDEM within 60 days of the end of the performance period, Subrecipient shall have expended all Grant funds and submitted reimbursement requests,invoices and any supporting documentation to TDEM within 60 days of the end of the performance period.TDEM shall not be obligated to reimburse expenses incurred after the performance period or submitted after the deadline. E. Uniform Administrative Requirements. Cost Principals and Audit Requirements. Except as specifically modified by law or this Grant, Subrecipient shall administer. this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to OHS program legislation, Federal awarding agency regulations, . and the terms and conditions of this Grant. A non-exclusive list is provided below [not all may apply in every projects): • Public Law 93-288, as amended(Stafford Act) - . . • 44 CFR, Emergency-Management and Assistance • Disaster Mitigation Act of 2000 • OMB Regulations 2 CFR, Grant and Agreements • • Executive Order 11988, Floodplain Management ' • Executive Order 11990, Protection of Wetlands I • Executive Order 12372, Intergovernmental Review of Programs and Activities ' • Executive Order 12549,.Debarment and Suspension . • Executive Order 12612, Federalism • Executive Order 12699, Seismic Design • Executive Order 12898, Environmental Justice • Coastal Barrier Resources Act, Public Law 97-348 • Single Audit Act, Public Law 98-502 I • Sandy Recovery Improvement Act publications Page 2 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS • 16 U.S.C. §.470, National Historic Preservation Act • 16 U.S.C. § 1531, Endangered Species Act References • FEMA.program publications, guidance and policies F. State Requirements for Grants. Subrecipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, (UGMS)at:_ . http://www.window.state.tx.us/procurement/catrad/uoms.pdf and the program State Administrative Plan, available at: https://grants.tdem.texas.nov Subrecipient shall, in addition to the assurances:and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant and the approved application., Grant funds may not be awarded to or,expended by any entity which performs political polling.This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: .. 1. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; 2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any, money or vehicle to support the candidacy of any person for. office, influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose, and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; 3. Texas Government Code Sections 2113.0.12 and 2113.101, which prohibits using Grant funds to compensate any employee who uses alcoholic beverages on active duty and Subrecipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; 4. Texas.General.Appropriations Act, Art. IX, Section 6.13,which requires Subrecipient to make every effort to attain key performance target levels associated with :this: Grant, including performance milestones, milestone time frames, and -related performance reporting requirements; and • 5. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and.Texas Government Code §2102.0091, which requires that this Grant may only be expended if Subrecipient timely completes and files its reports. G. Restrictions and General Conditions. 1. Use of Funds. DHS/FEMA Grant funds may only be used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Page 3 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS Federal funds may not be used to sue the Federal government or any other government entity. 2. Federal Employee Prohibition. Federal employees are prohibited directly benefiting from any funds under this Grant. • 3. Points of Contacts. Within 10 calendar days of any change, Subrecipient shall notify TDEM of any change in designated of Subreciplent Agents as submitted during the execution of this agreement, and any subsequent changes submitted by Subrecipient. In the event a Subrecipient hires a consultant to assist them with managing its Public Assistance grants, they must be listed on the Designated Subrecipient Agent Form. TDEM will direct all correspondence to the Subrecipient but will cc: the consultant on all email exchanges. The Subrecipient will be responsible for sharing written communications with the. consultant. The Subrecipient will remain the primary point of contact and must be included in all decision making activities. 4. DUNS Number. Subrecipient confirms its Data Universal Numbering Systems'(DUNS). Number is accurate and is registered on Sams.gov. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or http:l/fedgov.dnb.com/webform 5. Central Contractor Registration and Universal Identifier Requirements. Subrecipient maintains that it has registered on the System. for. Award Management (SAM) at www.sam.gov or other federally established site for contractor registration, and entered TDEM-required information. Subrecipient shall keep current, and then review and update the information at least annually. Subrecipient shall keep information current in the SAM database until the later of when it submits this Grants final financial report or receives. final Grant award payment. Subrecipient agrees that it shall not make-any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section §200.32 of OMB 2 C.F.R. 6. Reporting Total Compensation of Subrecipient Executives. 2 C.F.R. §200.331; see FEMA Information Bulletin 350. a. Applicability and what to report: Subrecipient shall report whether Subrecipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §200.331. Subrecipient shall report whether 80% or more of Subrecipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Subrecipient answers "yes" to both questions, Subrecipient shall report, along with Subrecipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Subrecipient's five most highly compensated executives for the preceding completed fiscal year. , b. Where and when to report: Subrecipient shall report executive total compensation at www.sarim.gov or other federally established replacement site. By signing this Grant, Subrecipient certifies that, if required, Subrecipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report 'or receives final payment. Subrecipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. 7. Debarment and Suspension. Subrecipient shall comply with Executive Order 12549 and 12689, which provide protection against waste, 'fraud, and abuse by debarring or Page 4 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS suspending those persons deemed irresponsible in their dealings with the Federal government. 8. Direct Deposit. A completed direct deposit form from Subrecipient shall be provided to TDEM, prior to receiving any payments under the provisions of this grant. The direct deposit form is currently available at grants.tdem.texas.gov under Resources/Public Assistance. 9. Property Management and Inventory. 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. Site Visits. DHS/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 DHS/FEMA on the premises of Subrecipient or a contractor under this Grant, Subrecipient shall provide and shall 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. H. Procurement and Contracting. 1. Procurements. 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 Grant in accordance with 2 C.F.R. 200. 318-326 and Appendix II to Part 200 (A-C)and (E-J) 2. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 2 C.F.R, 200.326 and Appendix .II (A), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. { 3. Procurement activities must follow the most restrictive of Federal, State and Local procurement regulations: a.. Procurement by micro purchase b. Procurement by small purchase c. Procurement by sealed bid d. Procurement by competitive proposal e. Procurement by non-competitive proposal, solely when the award of a contract is unfeasible under the other methods The State must be contacted for approval to use a noncompetitive procurement method. 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. Page 5 of 20 TDEM—September 2019 1 GRANT TERMS AND CONDITIONS The cost plus a percentage of cost and percentage of construction cost methods of contracting are ineliaible. Must perform cost/price analysis for every procurement action in excess of the Simplified Acquisition Threshold. Must negotiate profit as a separate element where required. 4. Evidence of non-debarment for vendors must be documented through. http://www.sam.c1ov/portal/public/SAM and http://www.window:state.tx.us/procurement/proa/vendor performance/debarred/ and submitted for review. 5. Comply with rules related to underutilized businesses (small and minority businesses, women's enterprises and labor surplus firms) at 2 CFR 200.321 I. Monitoring, Subrecipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program-related criteria are met. TDEM, or its authorized representative, reserves the right to perform periodic desk/office- based and/or on-site monitoring of Subrecipient's compliance with this Grant and of the adequacy and timeliness of Subrecipient's performance pursuant to this Grant. 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 and shall include requirements for the timely correction of such deficiencies by Subrecipient. Failure by Subrecipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. J. Audit. 1. Audit of Federal and State Funds. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act(OMB 2 C.F.R. 200.501,formerly A- 133). Subrecipient shall comply, as applicable, with Texas Government Code,. Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements._ 2. Right to Audit. Subrecipient shall give the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (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 Grant funds received and performances rendered under this. Grant. Subrecipient shall permit TDEM or its authorized representative to audit Subrecipient's records.. Subrecipient shall provide any documents, materials or information necessary to facilitate such audit 3. Subrecipient's Liability for Disallowed Costs. Subrecipient understands and agrees that it shall be 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 .. Page 6 of 20 TDEM—September 2019 .. l GRANT TERMS AND CONDITIONS from funds that were not provided or otherwise made available.to Subrecipient pursuant to this Grant or any other federal contract. 4. Subrecipient's Facilitation of Audit. Subrecipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as TDEM may require of Subrecipient. Subrecipient shall 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. 5. State Auditor's Clause. Subrecipient understands that acceptance of funds under this Grant 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 in the conduct of the audit or investigation, including providing all•records requested. Subrecipient shall 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 Grant. K. Retention and Accessibility of Records. 1. Retention of Records. Subrecipient shall follow its own internal retentaion policy, or the state's retention policy, whichever is stricter. At a minimum, the subrecipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB 2 C.F.R. Subpart D — Post Federal Award Requirements, §200.333=337, and this Grant. 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, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or TDEM may direct Subrecipient to retain documents or to transfer certain records to DHS/FEMA custody when DHS/FEMA determines that the records possess long term retention value. 2. Access to Records. Subrecipient shall give the United States Department of Homeland Security, 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 Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Subrecipient. L. Changes. Amendments.Suspension or Termination 1. Modification. DHS/FEMA or.TDEM may modify this Grant 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 Grant. Any alteration, addition, or deletion to this Grant by Subrecipient is not valid. 2. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws, regulations or policy are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law.or regulation: In the event DHS/FEMA or TDEM determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Subrecipient shall be notified of the changes in writing. Once notification has Page 7 of 20 TDEM—September 2019 j GRANT TERMS AND CONDITIONS been made, any subsequent request for funds will indicate Subrecipient's acceptance of the changes to.this Grant. 3. Suspension. In the event Subrecipient fails to comply with any term of this Grant, TDEM rnay, upon written notification to Subrecipient, suspend. this Grant, in whole or in part, : l withhold payments to Subrecipient and prohibit Subrecipient from incurring additional obligations of this Grant's funds. 4. Termination. TDEM shall have the right to terminate this Grant, 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 term of this Grant. TDEM shall provide written notice of the termination and Include: a. The reason(s)for such termination; b. The effective date of such termination; and c. In the case of partial termination,the portion of this.Grant to be terminated. d. Appeal may be made to the Deputy.Chief of the Texas Division. of Emergency Management- Recovery&Mitigation. M. Enforcement. If Subrecipient materially fails to comply with any term of this Grant, 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 DHS/FEMA may take one or more of the following actions, as appropriate in the circumstances: i I. Increased monitoring of projects and require additional financial and performance reports I 2. Require all payments as reimbursements rather than advance payments 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 DHS/FEMA to wholly or partially de-obligate funding for a project 6. Temporarily withhold cash payments pending correction of the deficiency by f subrecipient or more severe enforcement action by TDEM or DHS/FEMA; 7. Withhold further awards for the grant program 8. Take other remedies that may be legally available In taking an enforcement action, TDEM will provide Subrecipient an opportunity for a hearing, appeal, or other administrative proceeding to which Subrecipient Is entitled under any statute or regulation applicable to the action involved. The costs of Subrecipient resulting from obligations incurred by Subrecipient during a suspension or after termination of this Grant are not allowable unless TDEM or DHS/FEMA expressly authorizes them in the notice of suspension or termination or subsequently_ Other'Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: • . • The costs result from obligations which were properly incurred by Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and in the case'of a termination, are non-cancellable;and • The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. . The enforcement remedies identified in this section, including suspension and termination, do not preclude Subrecipient from being subject to "Debarment and Suspension" under E.O. Page 8 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS 12549. 2 C.F.R., Appendix II to Part 200, (i). N. Conflicts of Interest. The subrecipient will maintain 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 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. 0. Closing of this Grant. TDEM will close each subaward after receiving all required final documentation 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. At the completion and closure of all Subrecipient's projects (subawards), TDEM will request the Subrecipient to Certify the completion of all projects (subawards) in accordance of the grants terms and conditions to state there are no further claims under this subgrant The closeout of this Grant does not affect: 1. DHS/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, 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 Grant that impose continuing obligations on Subrecipient or that govern the rights and limitations.of the parties to this Grant after the expiration or termination of this Grant. P. Notices. All notices and other communications pertaining to this agreement shall be delivered in electronic format and/or writing and shall be transmitted by fax, e-mail, personal hand-delivery (and receipted for) or deposited in the United States Mail, as certified mail, return receipt requested and postage prepaid, to the other party. • Page 9 of 20 TDEM—September 2019 E I GRANT TERMS AND CONDITIONS EXHIBIT A ASSURANCES - NON-CONSTRUCTION PROGRAMS See Standard Form 4248 As the duly authorized representative of Subrecipient,I certify That Subrecipient: 1. Has the legal authority to apply for Federal assistance and the Institutional, program and to purchase flood insurance If the total cost of Insurable managerial and financial capability(Including funds sufficient to pay the non- construction and acquisition Is$10,000 or more. Federal share of project cost)to ensure proper planning,management and completion of the project described in this Grant. 11. WIII comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures 2. Wtll give the Department of Homeland Security, the Texas Division of under the National Environmental Policy Act of 1969 (P.L. 91-190 as Emergency Management,the Comptroller General of the United States and, amended by 42 U.S.C.4311 et seq.and Executive Order(EO)11514)which if appropriate,the State, through any authorized representative,access to establishes national policy goals and procedures to protect and enhance the and the right to examine all records,books,papers,or documents related to environment,Including protection against natural disasters.To comply with this Grant and will establish a proper accounting system In accordance wllh NEPA for DHS grantssupported activities, DI-IS-FEMA requires the • generally accepted accounting standards or agency directives, environmental aspects to be reviewed and evaluated before final action on the application;(b)notification of violating facilities pursuant to EO 11738; 3.. Wie establish safeguards to prohibit employees from using their positions for (n) protection of wetlands pursuant to EO 11990; (d)evaluation of flood a purpose that constitutes or presents the appearance of personal or hazards In floodplains in accordance with EO 11988; (e) assurance of organizational conflict of interest or personal gain. project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. 4. Will Initiate and complete the work within the applicable time frame after §§1451 et seq.); (f)comply with the Clean Air Act of 1977, (42 U.S.C. receipt of approval of the awarding agency. §§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 5. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S.C. public health and welfare and for restoring and maintaining the chemical, §§4728-4763) relating to prescribed standards for merit systems for physical, and biological Integrity of the nation's waters;(g) protection of programs funded under one of the 19 statutes or regulations specified In underground sources of drinking water under the Safe Drinking Water Act of Appendix A of OPM's Standards for a Merit System of Personnel 1974,as amended(P.L.93-523);and,(h)protection of endangered species Administration(5 C.F.R.900,Subpart F). under the Endangered Species Act of 1973,as amended(P.L.93-205). 6. Will comply with all Federal statutes relating to nondiscrimination.These 12..WIII comply with the Wild and Scenic Rivers Act of 1668(16 U.S.C.§§1271 et Include but are not limited to:(a)Title VI of the Civil Rights Act of 1964(P.L. seq.) related to protecting components or potential components of the 88-352)which prohibits discrimination on the basis of race,color or national national wild and scenic rivers system. 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 13. Will assist the awarding agency in assuring compliance with Section 106 of discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act the National Historic Preservation Act of 1986,as amended(18 U.S.C. of 1973,as amended(29 U.S.C.§794),which prohibits discrimination on the §470),EO 11593(Identification and protection of historic properties),and the basis of handicaps;(d)the Age Ulscrimlnation Act of 1975,as amended (42 . Archaeological and Historic Preservation Act of 1974(18 U.S.C.§§489a-1 et U.S.C.§§6101-6107),which prohibits discrimination on the basis of.age;(a) seq.). the Drug Abuse Office end Treatment Act of 1972 (P.L. 92-256), as amended,relating to nondiscrimination on the basis of drug abuse;(f)the 14. Will comply with P.L.93-348,45 C.F.R.46,and DHS Management Directive Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and 026-044(Directive)regarding the protection of human subjects Involved in Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to research, development, and related activities supported by this Grant. nondiscrimination on the basis of alcohol abuse or alcoholism;(g)§§523 "Research" means a systematic Investigation, inducting research, and 527 of the Public Health Service Act of 1912(42 U.S.C.§§290dd3 and development,testing,and evaluation designed to develop or contribute to 290es-3),as emended,relating to confidentiality of alcohol and drug abuse general knowledge. See Directive for additional provisions for including patient records; (h)Title Vlli of the Civil Rights Act of 196E (42 U.S.C. humans In the womb,pregnant women,and neonates(Subpart 9);prisoners §§3601 et seq,),as amended,relating to nondiscrimination in the sale,rental (Subpart C); and children (Subpart D), See also state and local law for or financing of housing; (I) any other nondiscrimination provisions In the research using autopsy materials. specific statute(s)under which agreement for Federal assistance is being made; and a)the requirements of any other nondiscrimination statute(s) 15. Will comply with the Laboratory Animal Welfare Act of 1966(P.L.89-544,as which may apply to the application, 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 7. Will comply or has already complied with the requirements of Titles II and iII In research,transported commercially,or exhibited to the publioaccording to of the Uniform Relocation Assistance and Reel Property Acquisition Petioles the Guide for Care and Use of Laboratory Animals and Public Health Act of 1970(P.L.91-646)which provide for fair and equitable treatment of Service Policy and Government Principals Regarding the Care and Use of parsons displaced or whose property Is acquired as a result of Federal or Animals. I federally-assisted programs.These requirements apply to all Interests In real f property acquired for project purposes regardless of Federal participation in is. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. purchases. 18. et seq.),which prohibits the use of lead-based paint In construction 8. WIII comply,as applicable,with provisions of the Hatch Act(5 U.S.C.§§1501_ or rehabilitation of residence structures. 1508 end 7324-7328)which limit the political activities of employees whose principal employment activities are funded In whole or In part with Federal i7. Will cause to be performed the required financial and compliance audits in funds. accordance with the Single Audit Aot Amendments of 1986 and OMB Circular No.A-133(now OMB 2 C.F.R.200.500),"Audits of States,Local 9. Will comply,as applicable,with the provisions of the Davis-Bacon Act(40 Governments,and Non Profit Organizations." U.S.C. §§276a to 276a-7),the Copeland Act(4 U.S.C. §276c and 18 0 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 18. WIII comply with all applicable requirements of all other Federal laws, construction sub-agreements. executive orders, regulations,grant guidance, and policies governing this Grant. 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 Page 10 of 20 TDEM—September 2019 . • • GRANT TERMS AND CONDITIONS , 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 requirements of any other nondiscrimination statue(s)which may apply institutional, managerial and financial capability (Including funds to the agreement. • sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of project described in 11. Will comply or has already compiled with the requirements of Titles II this Grant. and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(P.L.91.646)which provide for fair and .2, Will give the Department of Homeland Security,the Texas Division of equitable treatment of persons displaced or whose property is acquired Emergency Management,the Comptroller General of the United States as a result of Federal and federally-assisted programs. These and,if appropriate,the State,the right to examine all records,books, requirements apply to all interests in real properly acquired for project papers,or documents related to this Grant and will establish a proper purposes regardless of Federal participation in purchases. accounting system In accordance with generally accepted accounting standards or agency directives, 12. WIIi 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 3. Will not dispose of,modify the use of,or change the terms of the real principal employment activities are funded In whole or in part with property title or other interest in the site and facilities without permission Federal funds. and instructions from the awarding agency. Will record the Federal 13. Will comply,as applicable,with the provisions of the Davis Bacon Act real awarding agency direinctives wholeh and willn Includewith a covenant isn Inc titleu of 40 U.S.C.§§276a to 276a-7),the Copeland Act(40 U.S.C.§276c and assureproperty'acquired nondiscriminationu or in part useful life thisral Grant. funds . 18 U.S.C.§874),and the Contract Work Hours and Safety Standards to during the life of this Grant. Act(40 U.S.C. §§327-333) regarding labor standards for federally- 4. Will comply with the requirements of the assistance awarding agency assisted construction sub-agreements. with regard to the drafting, review and approval of construction plans and specifications. 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 5. Will provide and maintain competent and adequate engineering requires recipients in a special flood hazard area to participate hi the supervision at the construction site to ensure that the complete work program and to purchase flood insurance if the total cost of insurable conforms with the approved plans and specifications and will furnish construction and acquisition Is$10,000 or more. progressive reports and such other information as may be required by 15. Will comply with environmental standards which may be prescribed the awarding agency or State, pursuant to the following:(a)institution of environmental quality control 6. Will initiate and complete the work within the applicable time frame after measures under the National Environmental Policy Act of 1969(P.L. receipt of approval of the awarding agency. 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 7. Will establish safeguards to prohibit employees from using their protect and enhance the environment, Including protection against positions for a purpose that constitutes or presents the appearance of natural disasters; (b)notification of violating facilities pursuant to EO personal or organizational conflict of Interest or personal gain. 11738;(c)protection of wetlands pursuant to EO 11990;(d)evaluation 8. Will comply with the Intergovernmental Personnel Act of 1970(42 of flood hazards in floodpiains In accordance with EO 11988; (o) U.S.C.§§4728-4763)relating to prescribed standards of merit systems assurance of project consistency with the approved State management for programs funded under one of the 19 statutes or regulations program developed under the Coastal Zone Management Act of 1972 specified in Appendix A of OPM's Standards for a Merit System of (16 U.S.C.§§1451 et seq.);(f)comply with the Clean Air Act of 1977, Personnel Administration(5 C.F.R.900,Subpart F). (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 9. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 resources to promote public health and welfare and for restoring and U.S.C.§§4801;et seq.)which prohibits the use of lead-based paint in maintaining the chemical, physical, and biological integrity of the construction or rehabilitation of residence structures. 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); 10, Will comply with all Federal statutes relating to nondiscrimination. and, (h) protection of endangered species under the Endangered These include but are not limited to:(a)Title VI of the Civil Rights Act of Species Act of 1973,as amended(P.L.93-205). 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 16. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. 1972, es amended (20 U.S.C. §§1681 1683,and 1685-1686 and 44 §§1271 et seq.) related to protecting components or potential C.F.R.Part 19),which prohibits discrimination on the basis of sex;(c) components of the national wild and scenic rivers system. Section 504 of the Rehabilitation Act,of 1973,as amended(2g)U.S.C. 17. Will assist the awarding agency In assuring compliance with Section §794),whichprohibitsdiscrimination on the basis of handicaps;(d)the 106 of the National Historic Preservation Act of 1966,as amended(16 Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101-6107), U.S.C. §470), EO 11593 (Identification. and protection of historic which prohibits discrimination on the basis of age;(e)the Drug Abuse properties), andArchaeological and Historic Preservation Act of Office and Treatment Act of 1972(P.L.92-255),as amended relating to 1974(16 U.S.C. the. -1 et sag). nondiscrimination on the basis of drug abuse;(f)the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and 18. Will cause to be performed the required financial and compliance audits rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to In accordance with the Single Audit Act Amendments of 1996 and OMB nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Circular No. A-133 (now OMB 2 C.F.R. 200.500), "Audits.of States, §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. . Local Governments,and Non-Profit Organizations." §§29Ddd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil Rights 19. Will comply with all applicable requirements of all other Federal laws, Act of 1968 (42 U.S.G. §§3601 et seq.), as amended, relating to executive orders, regulations, grant guidance and policies governing nondiscrimination in the sale, rental or financing of housing; (I) any this Grant.. other nondiscrimination provisions In the specific statue(s)under which agreement for Federal assistance is being made; and a) the Page 11 of 20 • TDEM—.September 2019 GRANT TERMS AND CONDITIONS Exhibit C Certifications for Grant Agreements The undersigned,as the authorized official,certifies the following to the best of his/her knowledge and belief. A. 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. B. 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-LLL Disclosure of Lobbying Activities,in accordance with its instructions. C. 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 was placed 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 subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. D. 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: 1. Are not debarred,suspended,proposed 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. Subrecipient can access debarment information by going to www.sam.gov and the State Debarred Vendor List at:_ www.window.state.tx.us/nrocurement/proolvendor performance/debarred. 2 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, making false statements, or receiving stolen property; a Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(D)(2)of this certification; 4. 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 5. 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). E. 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. F. 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. G Subrecipient will comply with the Drug-free Workplace Act,in Subpart B of 2 C.F.R.Part 3001. H 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-129 and form SF-424, item number 17 for additional information and guidance. I. 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. J. Subrecipient understands that failure to comply with any of the above assurances may result in suspension,termination or reduction of funds in this Grant. Page 12 of 20 TDEM—September2019 GRANT TERMS AND CONDITIONS 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 Subreciplent'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 revoked 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, or shall 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 Subreciplent 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 insure that all terms, conditions, and specifications are met. (See UGMS Section•^36 for additional guidance on contract provisions). 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 VI of the Civil Rights Act of 1964(P.L.88-352),which prohibits discrimination on the basis of race,calor,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 Thies 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 certain testing 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; (f) 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; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made;and a)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. §§7321-29),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. • Page 13 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS 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 flond 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 slate 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)Implem entation Plans under Section 176(c)of the Clear Alr Act of 1955,as amended(42 U.S.C.§§7401 et seq.);(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). 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.). • 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 commer daily,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 taxforms. 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 athttns://www.sam.00vlaortal/public/SAM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann.,Sec.85.001,et seq. • Page 14 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS 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 FEMA's 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 EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 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. 5. 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 ere not limited to communications towers, physical security enhancements 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 FEMA'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 FEMA and the appropriate State Historical Preservation Office. Page 15 of 20 • TDEM—September 2019 GRANT TERMS AND CONDITIONS _ s EXHIBIT F �. Additional Grant Conditions 1. Additional damage requiring a new Public Assistance project to be written must be reported within 60 days following the Project Scoping meeting with the State-Federal team. 2. All work must be done prior to the approved project completion deadline assigned to each Project (POP): Should additional time be required, a time extension request must be submitted which: a.) Identifies the : l 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. The reason for an extension must be based on extenuating circumstances or unusual project requirements that are beyond the control of your jurisdiction/organization..Failure to submit a time extension request 60 days prior to the end of the period of performance may result in reduction or withdrawal of federal funds for approved work. 3. Any significant change to a project's approved Scope of Work must be reported and approved through TDEM and FEMA before starting the project Failure to do so will jeopardize grant funding. The Subrecipient shall submit requests for cost overruns requiring additional obligations to TDEM,, who will forward to FEMA for review and approval prior to incurring costs. 4. The Project Completion.and Certification Report must be submitted to TDEM within 60 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, or Duplication of Benefits form certifying other funds were received to complete the project. 5. A cost overrun appeal on small ($128,900) Public Assistance projects must be reported to the Texas Division of Emergency Management (TDEM)within 60 days of completing the last small project, in order to be considered for additional funding. 6. Appeals may be filed on any determination made by FEMA or TDEM. All appeals must be submitted to TDEM within 60 days from receiving written notice of the action you wish to appeal. Should you wish to appeal a determination contained in the project application, the 60 days will start the day the application is signed. Appeals for Alternative Projects will be subject to the terms of the signed agreement for the Alternative Project. 7. Public Assistance program projects will not receive funding'until all of the requirements identified in the comments section of the Project Worksheet are met. ' 8. You may request a payment of funds on projects.by initiating a Request for Reimbursement (RFR) in TDEM's Grant Management System (GMS) or an Advance of Funds Request'(AFR), and including documentation supporting your request. Small Public Assistance projects are paid upon obligation and will be Initiated by TDEM personnel.' Payments for open projects must be requested at least quarterly if. expenditures have been made in that quarter. 9. Subrecipients will be required to submit quarterly project reports (QPR) for open large projects using TDEM's GMS.:Your assigned Grant Coordinator will coordinate the due date for your specific reporting. Public Assistance program small projects are typically exempt from quarterly reporting, :however TDEM reserves the right to require QPRs on any smalls requiring a POP extension. The first quarterly report will. be due at the end of the first full quarter following the quarter in which the project was obligated. No quarterlies are required for projects that Subrecipient has initiated a closeout request and has provided a certificate of completion. Failure to submit required quarterly reports for two or more quarters can result in withholding or deobligation of funding for Subrecipients until all reports are submitted and up-to-date. Page 16of20. TDEM--September 20119 GRANT TERMS AND CONDITIONS 10.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. A copy of the Single Audit must be submitted to your cognizant State agency or TDEM within nine months of the end of the subreciplent's fiscal year:. Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter must be sent to TDEM certifying to this. 11.Subrecipients will not make any award to any party which is debarred or suspended, or is, otherwise excluded from participation in the Federal assistance programs (EO 12549, Debarment and Suspension). Subrecipient must maintain documentation validating review of debarment list of eligible contractors. 12.Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment. A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of equipment is valued over$5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If the fair market value of a piece of equipment is less than$5,000, the property can either be retained, sold or designated as surplus with no further obligation to FEMA. 13..TDEM will be using the new FEMA Public Assistance Delivery Model to facilitate the writing of project worksheets (Portal). Subrecipient will be responsible for establishing and maintaining an active account in the Portal and to provide and upload timely, all information requested that is needed to write accurate project worksheets. The Portal will provide the Subrecipient visibility of the entire project writing process. 14.TDEM will be using its new Grant Management System (GMS) for Subrecipient grant management functions. Subrecipient will access GMS to initiate Requests for Reimbursements (RFR), Advance of Funds Requests (AFR),. Time Extensions, Scope and Cost changes requests, Quarterly Reports, Project Closeouts, Appeals, and other items deemed necessary by TDEM. 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. 16.2. CFR 200.210(a)(15), 2 CFR 200.331(a)(1)(xiii) and (a)(4) make reference to indirect cost rates. The Subrecipient may use the negotiated Indirect Cost Rate approved by its cognizant agency, or may use the 10% de minimis rate of modified total direct costs (MTDC) (as per§ 200.414) when receiving Management Costs. I. • i Page 17 of 20 TDEM-September 2019 GRANT TERMS AND CONDITIONS 1 EXHIBIT G �;�_� •<b �� a v' ,ytis•_ `:^�""' ,,.",�=a`,�n'x'�._,m'1taw.::,,,.,,��,e, '�-e-7.'y ��.��'s=:�x-�i. �`'a`3'"�'r`:�i-.✓ .�-mow.,'�Fa ",��,��y`�F'^,_:;... Additional Grant Certifications Subrecipient certifies that it has the ability to meet or exceed the cost share required for all subawards(Projects) and amendments(versions)under this Grant Agreement. pl�aat jOk ai F�. 3 Est o Pr' ra Sta�rrientW�., � �� i Subrecipient certifies there has not been,nor will there be,a duplication of benefits for this project 1 Match Certification .5.. •^4Y eras y loCtuoU . .. ... :: :omt .. .g >_�. : sNI1M t:Y g;:`tg ":1V+ <;era,a" ^ Sti?iu +. I Subrecipient certifies that it is not delinquent on any Federal Debt. • 1 For. Hazard Mitigation.Projects Only: Applicant certifies that if there is a Maintenance Agreement needed for this facility copy of that agreement will be provided to TDEM. G3..-._.,..,v tw �-G+� ��n_-}gin”%Kc+M,+�riav;1.; Federal Executive:Order 12898 compliance requirements—if there are any concentrations.of low income or minority populations In or near the HMGP project: • 1. Applicant certifies that the HMGP project result will not result in a disproportionately high:or adverse effect on low income or minority populations. i OR • 1 2, Applicant certifies that action will be taken to ensure achievement of environmental justice for low income and minority populations related to this HMGP project. 1 • • Page 19 of 20 TDEM--September 2019 } Request for Information and Documentation Policy and Guideline .. i It is crucial to the success of the overall Grant Program and to the timely completion and closure of awarded projects that timelines be established for providing information and documentation. TDEM has developed a framework to support this endeavor following a progressive series of communications for the Subrecipient(RFI).TDEM will work with you throughout the RFI process as communication is the key to your success. RFI Timelines First Informal Request The primary contact for the Subrecipient will receive the RFI via email with five business days to respond. Second Informal Request A second email to the primary contact will be sent with an additional five business days to respond. Third Informal Request A phone call will be made to the primary contact with a third email requesting the information to be provided within five business days. The Regional Section Administrator and State Coordinator will be copied. Fourth Formal Request The Supervising Program Director of Recovery will issue a certified letter to the highest ranking official highlighting previous requests and an additional ten days to provide the requested Information. Final Formal Request A final request by certified letter will be issued by the Deputy Assistant E Director of Recovery, Mitigation,and Standards,or the Assistant Director of the Texas Division of Emergency Management to the highest ranking official giving the final ten business days to respond or deobligation of the project will begin. Final Action If the RFI is not sufficiently answered,the project will be deobligated, and any previously paid funds must be returned to TDEM. Reference: RMS Services Grant Program Request for Information and Documentation August 2017 1 GRANT TERMS AND CONDITIONS Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by them. N/A. Assurances— Non-Construction Programs, hereinafter referred to as"Exhibit A" LJ? Assurances—Construction Programs, hereinafter referred to as"Exhibit B" 6j. Certifications for Grant Agreements,hereinafter referred to as"Exhibit C" alP State of Texas Assurances, hereinafter referred to as"Exhibit D" • l� Environmental Review Certification, hereinafter referred to as"Exhibit E" CrAdditional Grant Conditions, hereinafter referred to as"Exhibit F" / Additional Grant Certifications,hereinafter referred to as"Exhibit G". N/A Request for Information and Documentation referred to as"Exhibit H" Please sign below to acknowledged acceptance of the grant and all exhibits in this agre ent, and to abide by all terms and conditions. S ature f ertifying Official Date 0<v) J.. r Printed Name acid Title . Page 20'of 20 TDMM—September 2019 - 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 21:20:28 RECORD OF ENVIRONMENTAL CONSIDERATION(REC) Project HMGP-DR-4332-TX Project 41283 Title:City of Pearland Acquisitions NEPA DETERMINATION Non Compliant Flag: No EA Draft Date: EA Final Date: EA Public Notice Date: EA Fond Level: CATEX EIS Notice of Intent EIS ROD Date: Comment Under the proposed HMGP project,the City of Pearland(Brazoria and Harris County),Texas proposes to acquire one(1)vacant lot and acquire and demolish structures that are prone to flooding.The acquired properties will be deed restricted and will remain as open space In perpetuity. See attached EHP approved property list. This project has been determined to be Categorically Excluded from the need to prepare either an Environmental impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01;CATEX N3. Particular attention should be given to the project conditions before and during project implementation.Failure to comply with these conditions may jeopardize federal assistance Including funding. -jhowar25-09/24/2019 20:46:08 GMT LATEX CATEGORIES Catex Category Code Description Selected *n3 (*n3)Federal Assistance for Property Acquisition and Demolition.Federal Yes assistance for the acquisition of properties and the associated demolition and removal when the acquisition is from a willing seller,the assistance Is solely for the purposes of financial compensation for the acquisition,and the land is deed. restricted to open space,recreational,wildlife habitat,or wetland uses in • perpetuity.The CATER does not apply to subsurface uses of acquired properties,or acquired properties with encumbrances or easements authorizing current or future subsurface uses that are not allowable and compatible with open space.This CATEX covers actions associated with the determination of program eligibility.This CATEX does not cover Federal assistance actions that involve acquisition for the purpose of construction or development at aslte In the acquired property.The use of eminent domain is explicitly excluded from the CATEX. EXTRAORDINARY • Extraordinary Circumstance Code Description Selected T No Extraordinary Circumstances were selected ENVIRONMENTAL LAW I EXECUTIVE ORDER Environmental Law/ Executive Order Status Description Comment Clean Air Act(CAA) Completed Project will not result in permanent air emissions-Review concluded Coastal Barrier Resources Mt Completed Project Is not on or connected to CBRA Unit- (CBRA) or otherwise protected area-Review • concluded • NOTE:All times are GMT using a 24-hour clock. Page 1 of 4 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-al 21:20:28 RECORD OF ENVIRONMENTAL CONSIDERATION(REC) Protect HMGP-DR-4332-TX Project#233 Title:City of I-earland Acquisitions { Environmental Law/ Executive Order Status - Description Comment Clean Water Act(CWA) Completed Project would not affect any water of the U.S. -Review concluded Coastal Zone Management Act Completed Project is located in a coastal zone area Based on consultation with Texas General Land (CZMA) and/or affects the coastal zone Office(GLO)and roviow of Coastal Coordination Council(CCC)General Concurrence ff5,FEMA has determined that this project is deemed consistent with the goals and policies of tile Texas Coastal Management Program(CMP)and consistency review procedures as Implemented by the GLO.-jhowar25-09/24/2019 20:48:28 GMT - 1 Completed State administering agency does not require consistency review-Review concluded Executive Order 11988- Completed Located in fioodplain or effects on Portions of the project are located within AE and Ficodplains fioodplaln/fiood levels Floodway zone areas of 100-yr flooding,per various Flood Insurance Rate Map(FIRM)panels (see attached property list).The proposed action is not likely to result in any potential direct Impacts that will adversely affect the natural values and function of flcodpiains,nor to it likely to increase the risk of flood loss.-jhowar25- 09/24/2019 20:53:46 GMT Completed Beneficial Effect on Floodplain OccupanoyNaiuos-Review concluded Executive Order 11990- Completed No'effects on wetlands and project outside A review of the National Wetland Inventory Wetlands wetlands-Review concluded. (NWI)online mapper,accessed on 9/23/2019 for the site,indicates that portions of the project area are adjacent to a designated wetland, however the project is for the acquisition and demolition of existing structures which is not likely to affect wetlands.-jhowar25 09/24/2019 20:54:40 GMT Executive Order 12898- Completed Low Income or minority population In or near Environmental Justice for Low project area Income and Minority Populations Completed No disproportionately high and adverse Impact on low Income or minority population- - Review concluded Endangered Species Mt(ESA) Completed Listed species and/or designated critical habitat present In areas affected directly or indirectly by the federal action - NOTE:All times are GMT using a 24-hour clock. Page 2 of 4 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 21:20:28 RECORD OF ENVIRONMENTAL CONSIDERATION(REC) Project HMGP-DR-4382-TX Project#283 } Title:City of Peariand Acquisitions Environmental Law/ - Executive Order Status Description Comment • Completed No effect to species or designated critical habitat(See comments for justification)- Review concluded Farmland Protection Policy Act Completed Project deer not effect designated prime or (FPPA) unique farmland-Review concluded • t Fish and Wildlife Coordination Completed Project does not affect,control,or modify a Act(FWCA) waterway/body of water-Review concluded Migratory Bird Treaty Act(MBTA) Completed Project located within a flyway zone Completed Project does not have potential to take migratory birds-Review concluded Magnuson-Stevens Fishery Completed Project not located In or near Essential Fish ' Conservation and Management Habitat-Review concluded - Act(MSA) • National I listoric Preservation Act Completed Standard Section 106 roviow For some properties,FEMA has determined that (NI-IPA) there will be No Historic Properties Affected_ SHPO concurrence with this determination was received,dated August 12,2019.For the remaining properties,the scope of work has been reviewed and meets the criteria in Appendix 8-Programmatic Allowances, II.B.10.a of FEMA's Programmatic Agreement (PA)dated September 11,2014.In accordance with this PA,FEMA is not required to determine the National Register eligibility of properties where work performed meets the Appendix B criteria. The scope of work has been reviewed and FEMA has determined that the project will not require Tribal Consultation.-rmoyerl- 09/25/201913:34:44 GMT Completed Building or structure 50 years or older or listed on the National Register in the project area and activity not exempt from review Completed Determination of No Historic Properties Affected (FEMA linding/SHPO/THPO concurrence attached)-Review concluded Completed . Project affects only previously disturbed ground-Review concluded NOTE:Ali times are GMT using a 24-hour clock. Page 3 of 4 • • 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 21:20:29 • RECORD OF ENVIRONMENTAL CONSIDERATION(REC) •• Project HMGP-DR-4332-TX Project#283 • Title:City of Peariand Acquisitions • • Environmental Law/ Executive Order Status Description Comment. Resource Conservation and Completed Review concluded • Recovery Act,aka Solid Waste Disposal Act(RCRA) Wild and Scenic Rivers Act Completed Project is not along and does not affect Wild (WSR) and Scenic River=Review concluded CONDITIONS • • • Special Conditions required on Implementation of Projects: Applicant must coordinate with the local floodplain administrator,obtain required permits prior to initiating work,and comply with any conditions of the permit to ensure harm to and from the floodplain is minimized. All coordination pertaining to these activities should be retained as part of the project file in accordance with the respective grant program instructions; Source of condition:Executive Order 11988-Floodpiains Monitoring Required: No Where appropriate;the applicant shall ensure that best management practices are Implemented to prevent erosion and sedimentation to surrounding,nearby or adjacent wetlands.This Includes equipment storage and staging of construction to prevent erosion and sedimentation to ensure that wetlands are not adversely Impacted per the Clean Water Act and Executive Order 11990. Source of condition:Executive Order 11990-Wetlands Monitoring Required: No •If any asbestos containing materials,lead based paint and/or other hazardous materials are found during remediation or repair activities, • f I • the applicant must comply with all federal,state and local abatement and,disposal requirements under the National Emissions Standards for Hazardous Air Pollutants(NESHAP). • • Source of condition:Clean Air Act(CAA) Monitoring Required: No Unusable equipment,debris and material shall be disposed of In an approved manner and location.In the event significant items(or ' evidence thereof)are discovered during implementation of the project,applicant shall handle,manage,and dispose of petroleum products,hazardous materials and toxic waste in accordance to the requirements and 10 the satisfaction of the governing local,state and federal agencies. . Source of condition:Resource Conservation and'Recovery Act,aka Solid Waste Monitoring Required: No Disposal Act(RCRA) Standard Conditions: Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address at federal,state and local requirements.Acceptance of federal funding requires recipient to comply with all federal,state and local laws.Failure to obtain all appropriate federal,state and local environmental permits and clearances may jeopardize federal funding. • If ground disturbing activities occur during constriction,applicant will monitor ground disturbance and If any potential archeological resources are discovered,will immediately cease construction In that area and notify the State and FEMA. • NOTE:All times are GMT using a 24-hour dock. Page 4 of 4 • DEED RESTRICTION—3114 Bishopton In reference to the property located at 3114 BISHOPTON ("the Property")in PEARLAND,TEXAS conveyed by the Deed between ROY GARCIA, participating in the federally-assisted acquisition project ("the Grantor"), and the City of Pearland ("the Grantee"), its successors and assigns: WHEREAS,the legal description of the Property is"TWIN CREEK WOODS (PEARLAND) BLK 8 LOT 15-16;" WHEREAS, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program, including the acquisition and relocation of structures in the floodplain; WHEREAS,the mitigation grant program provides a process for a local government,through the State,to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain,to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; WHEREAS, STATE OF TEXAS —TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency and has entered into a mitigation grant program Grant Agreement in 2018 with FEMA and herein incorporated by reference; making it a mitigation grant program grantee. WHEREAS,the Property is located in Pearland, Brazoria County,Texas and the Grantee participates in the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed; WHEREAS,the Grantee, acting by and through the CITY COUNCIL OF THE CITY OF PEARLAND, has applied for and been awarded federal funds pursuant to an agreement with STATE OF TEXAS—TEXAS DIVISION OF EMERGENCY MANAGEMENT dated December 19, 2019 ("State-Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; and WHEREAS,the Grantee has acquired and demolished the property and is imposing the restrictions herein upon itself, in compliance with the Federal program regulations consistent with 44 C.F.R. Part 80. Now,therefore,the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the [select mitigation grant program] program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80,the Grant Agreement,and the State-local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a.Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved,unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii.A public rest room;or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d.Transfer.The Grantee,including successors in interest,shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. I. The request by the Grantee, through-the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However,the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv.Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State,Tribe,or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part,the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years on January 15 the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80,the property conveyance, and the grant award. 4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a.The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: a)Withholding FEMA mitigation awards or assistance from the State or Tribe,and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee,or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State,the Tribe,the local community, and their respective successors. 5. Amendment.This agreement may be amended upon signatures of FEMA, the state, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6.Severability. Should any provision of this grant orthe application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. Grantee's Name: Clay Pearson o.b.o. City of Pearland Grantee's Title:City Manager, o.b.o. City of Pearland Grantee's Signature ,i — Date( J C-1'Act)Z a-z CERTIFICATE 0 CKNOWLEDGMENT� In the State of Texas, Brazoria Cou t , befo me, / I v•�l�tLh , on this day personally appeared (1 lair rl , known to me to be the person whose name is subscribed to the foregoing 4-page instrument dated January 13, 2021, entitled DEED RESTRICTION—3114 Bishopton, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. ive n,erg, 4 and seal of office this day of VwrI Oil , 20 ell . g (Notary's Signature) Notary Public, State of Texas ?40.Y..P.....;cos, % CRYSTAL N ROAN I 1 =:° '<1 Notary Public,State of Texas I 1=+ )� I1 My Commission Expires I 1 =°�g,........ •+�",.` January 29,2024 1 ''°E or E"' NOTARY ID 1057222.1 I • 2018064412 DEED Total Pages: 6 NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA § That, Roy Garcia of the County of Brazoria, Texas, (hereinafter referred to as Grantor whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) and for other good and valuable consideration to Grantor paid by the City of Pearland, a political subdivision of the State of Texas, the receipt and sufficiency of which is hereby acknowledged, and by these presents do Grant, Bargain, Sell, and Convey unto the City of Pearland, (hereinafter referred to as Grantee), whose mailing address is 3519 Liberty Drive, Pearland,Texas 77581, its successors and assigns, all that certain tract or parcel of land lying and being situated in Brazoria County, Texas, more particularly described In the Metes and Bounds description labeled Exhibit"A" and more particularly shown in Exhibit"B", which are attached hereto and incorporated herein for any and all purposes. The Property conveyed shall include all right, title and interest, if any, of Grantor in and to, (1) any land lying in a street, road, tollway, accessway or easement (including any drainage or flood control easement) open or proposed, in front of, at the side of, adjoining, or within the Property, (2)the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the Property, (3) all reversionary rights attributable to the Property, and (4) all rights of ingress and egress to the Property by way of open or dedicated roads and streets adjoining the Property. 1 Rev 1.0.2 Parcel Account Project G.F# 2018064412 Page 2 of 6 This conveyance is made by Grantor and accepted by Grantee subject to ail valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-way and easements appearing of record in the Official Public Records of Real Property of Brazoria County, Texas, relative to the Property, but only to the extent the same are applicable to and enforceable against Grantee. Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantor, its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all and singular the said premises unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject to reservations from and exceptions to warranty and conveyance described above. Executed this 5 day of December, 2018. GRANTOR: By� � .,: Page 2 of 4 Rev 1.0.2 Parcel Amount Project Q.F# 2018064412 Page 3 of 6 Acknowledgement THE STATE OF TEXAS § COUNTY OF 1-1 ,< § BEFORE ME, the undersigned Notary Public, on this day personally appeared Roy Garcia, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS S DAY OF DECEMBER, A.D.,2018. NO: RY BLIC, STATE OF TEXAS eis•••• SAF�cr�aKMain A � Printed Name: .r. o + *• 1 f367 �.� :420 eras Comm.E .09-08.2022 - My Commission Expires:01 k G G k2_c,Z.Z Page 3 of 4 Rev 1.0.2 Parcel Account Project G.F# 2018064412 Page 4 of 6 ACCEPTED BY: The City Pearland, a political Subdivis on f the State of Texas By:,_ Name: � G� Title: /Ac ,t//c/I/;b1rive Acknowledgement THE STATE OF TEXAS § qq COUNTY OF K3l4, c4 R.a Pv .§ . BEFORE ME, the undersigned Notary Public, on this day personally appeared F kew Li , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AN SEAL OF OFFICE THIS DAY OF I 911".111.LiJ ARY PUB rC,__TATE OF TEXAS ��y Poo FRENISHA DAVIS ADAMSt _ I Notary ID it131553264 i +a� tti ///r Cti yyt ;,,�/; My Commission Expires Tinted Name: 1�/+a r�.7fYV�s TT JY/l r *'tr or 0. May 2,2022 My Commission Expires:52-1202,2- AFTER RECORDING RETURN TO: Darrin M. Coker, City Attorney City of Pearland 3519 Liberty Drive Pearland, TX 77581 Page 4 of 4 Rev 1.0.2 Parcel Account Project G.F# 2018064412 Page 5 of 6 EXHIBIT"A" Lots Fifteen(15)and Sixteen(16), Block Eight(8),Twin Creek Woods Subdivision,Brazoria County,Texas,according to the map or plat thereof recorded In Volume 8,Page 107 of the Plat Records of Brazoria County,Texas. 2018064412 Page 6 of 6 FILED and RECORDED Instrument Number: 2018064412 Filing and Recording Date: 12/26/2018 02:07:18 PM Pages: 6 Recording Fee: $42.00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas. .!� ;' 4 Joyce Hudman, County Clerk .; ? Brazoria County, Texas ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS.UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk-jessie . oivisio Q7" N (r * \ TDEM �"g�� / / �� TII[TLXMAWMUNIVtR IIYMMW v4,01,mate' November 22, 2019 Mr. Clay Pearson City Manager City of Pearland 3519 Liberty Drive Pearland, TX 77581 RE: Sub-Grant Award Dear Mr. Pearson: The Texas Division of Emergency Management (TDEM) has issued a sub-grant for the Hazard Mitigation Grant Program (HMGP). The following is the information related to this award: .Sub-Recipient Information: DUNS Number: 020796397 TINS Number: 74-6028909 FIPS Number: 039-56348-00 Award Information: Catalog of Federal Domestic Assistance: 97.039 FEMA Project Number::DR-4332-0283 Project Title: City of Pearland Acquisition Project Period of Performance (POP): October 28, 2019—May 22, 2022 Total Federal Federal Share Local Local Share Version Date Subgrant .Share Amount Share% Amount: Amount °I° 0 10/28/2019 . $5,064,214.00 75% $3,798,160.50. 25% $1,266,053.50 Please Note: This award is not for research or development as defined in 2 Code of, Federal Regulations.(C.F.R.) § 200.87. The approved Scope,of Work(SOW)follows and the terms and conditions of this award are attached. It is important that the sub-recipient read, understand and comply with the SOW and all terms and conditions. It is also vital that this information be disseminated to sub-recipient's staff and contractors involved in work related to this project. lTFfe:4 y�of'P-ea&O d, gT � arket ` ° q, r ' r r )„�itilizin ,Ipre eWentfair m tvalue„will,ac uire„twenty �two:�(22), i euere epet tive�ioas 1S,1 RL;itri+repotiti a loss`(14:tructuresricfloo dp,r0-h lorieas 0and P.O.Box 15467 Austin,78761 - 24 Hours:512-424-2208,Fax 512-424-2444 Page 2 DR-4332-283 Award Letter (,onea(1r) uacant'lot hat,�is, ni a{critical'geographic'�location for the`flood'mitigation _ endeavor Inxcluded:3ilkthis,profect:'B`y, aoquiri'rig 23'properties,,1ho,City,will tmitigawfuture. flood related'Iosses Acquired land will be cleared and shall be dedicated in perpetuity as open space, for the conservation of natural floodplain functions in accordance with 44 C.F.R. § 80.17. This award is pursuant to the Robert T.Stafford Disaster Relief and Emergency Assistance Act, Section 404, and 44 C.F.R. § 206.434. Properties that have been approved as components in this project's SOW are listed below. TDEM will ensure duplications of benefits are deducted prior to closings. Property "Pro'perty Andress' Latitude Longitude 1 1107 UNION VALLEY DR 29.594023 -95.277206 2 3102 GLASTONBURY DR 29.593039 -95.268913 3 3108 BISHOPTON DR 29.593237 -95.269608 4 3114 BISHOPTON DR 29.593029 -95.270302 5 3313 ROBINSON DR 29.593600 -95.273239 6 3413 MEADOWVILLE DR 29.593578 95.275070 7 3422 LETHBRIDGE ST 29.591503 -95.275177 8 1121 ROBERT ST 29.592819 -95.280731 9 1140 GLENDA ST 29.593599 -95.282097 10 3511 KNAPP RD 29.591331 -95.279503 11 1916 SLEEPY HOLLOW DR 29.556456 -95.234558 12 2205 SLEEPY HOLLOW DR 29.560268 -95.237534 13 2604 SLEEPY HOLLOW DR 29.560760 . 95.238530. 14 2617 GREEN TEE DR 29.560787 -95.241577 15 2701 GREEN TEE DR 29.560682 -95.241905 16 2625 GARDEN RD 29.560789 -95.320107 17 3003 LIVINGSTON DR 29.553394 -95.304489 • 18 5106 CARMONA LN 29.557203 -95.300140 19 5603 WOODVILLE LN 29.553886 -95.305168 20 6821 MEADOW LN 29.540503 -95.325874 21 4710 COMAL ST 29.584869 95.296654 22 5104 RYAN ACRES DR 29.547464 -95.299690 23 3306 GLASTONBURY DR 29.591383 -95.273117 (*Wiffitintit cannot1duplica*funds received;by,or•available to,lRecipienttpr Subs.;: w"Rec pients from other,sources 1or_ti am sa purpose Examples of other source sinclude insuranceim oth claims, drier assistance programs, legal awards, or other benefits associated • Page 3 DR-4332-283 Award Letter with properties or damage that are subject of litigation.The Recipient, sub-recipient, and property owner must identify any potential Duplication of Benefits (DOB). FEMA deducts benefits from other sources from the purchase offer. Repair assistance that has been used for its intended purpose is generally not deducted if documentation of the use is provided. Documentation of DOB consideration must be provided at time of closeout. In accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01; Categorically Excluded (CATER N3, FEMA concludes that the above mentioned project is categorically excluded from the National Environmental Policy Act(NEPA) requirement to prepare further,environmental documentation. No extraordinary conditions in accordance with DHS Instruction 023-01-001-01 exist,involving this j project. Signing and returning this award letter indicates sub-recipient's acceptance of the scope of work of the sub-award, the ability to pay the local cost share and all grant terms and conditions outlined in the attached documents. . { The sub-recipient must ensure that: 1. The initial quarterly progress report for the project is submitted at the end of the approving quarter. Please include the project number(provided above)in your future quarterly reports. Note that 44 C.F.R. § 206.438(c) indicates the State must provide a quarterly progress report to FEMA indicating the status and completion date for each project funded.The report must include any problems or circumstances affecting completion dates, SOW, or project cost that may • result in non-compliance with the approved grant conditions. 2. In accordance with.HMGP rules and policy, TDEM requires the submittal of all closeout:documentation within 90-days of the:project completion not to exceed the POP..The Governor's Authorized Representative(GAR)"shall certify that reported costs were incurred in the performance of eligible work, that the approved work was completed and that the mitigation measure is in compliance with the provisions of the FEMA-State Agreement" in accordance with 44 C.F.R. § 206.438(d). If changes are needed to the SOW for the sub-award, period of performance or:costs associated to the sub-award, the sub-recipient should immediately contact TDEM. No change to the sub-award will be considered approved until the sub-recipient is notified in writing by TDEM. This signed and dated award letter and attached grant terms and conditions must be returned to TDEM;before'payment on the sub-award can be processed. Your signature is required on both the last page of the award letter and the last page of the attached . J I Page 4 DR-4332-283 Award Letter grant terms and conditions. Please sign, date, and return both the award letter along with the attached grant terms and conditions acknowledging acceptance of this sub- award to the address below: Texas Division of Emergency Management P.O. Box 15467 Austin, TX 78761 I2- Ug- 1.R City of Pear an City Manager Date Should you ish to appeal any determination related to this sub-award you must do so within 60 days of receipt of the notice of the action.You will need to provide your appeal with any documentation supporting your position to your assigned TDEM project officer within the allotted time. If you have any questions please contact your Grant Coordinator, Charles Reagan at 512-940-6785 or charles.reaoan a tdem.texas.gov . . Respectfully, : W. Nim Kidd, MPA, CEM® Chief-Texas Division of Emergency Management Vice Chancellor for Disaster and Emergency Services The Texas A&M University System ATTACHMENTS: Grant Terms and Conditions Record of Environmental Considerations cc: Robert Upton, Director of Engineering & Capital Projects Joel Hardy, Grants &Special Programs Administrator , GRANT TERMS AND CONDITIONS This Grant Agreement (consisting of these terms and conditions and all exhibits) is made and entered into by and between the Texas Division of Emergency Management(TDEM), an agency of the State of Texas, hereinafter referred to as "TDEM,"and the grant recipient, CITY OF PEARLAND, hereinafter referred to as the"Subrecipient." Furthermore,TDEM and the Subrecipient are collectively hereinafter referred to as the "Parties."All subawards made under this grant agreement are subject to the same terms and conditions below. Subrecipient may not assign or transfer any interest in this Grant without the express, prior written consent of TDEM and DHS/FEMA. a.The term Recipient and pass-through entity have the same meaning as"Grantee,"as used in governing statutes, regulations, and DHS/FEMA guidance. l. b.A Recipient is also a"non-federal entity'for grants administration purposes. c. A Subrecipient is also known as a"Subgrantee" as used in governing statutes regulations and DHS/ FEMA guidance. d.A Subrecipient is also a"non-federal entity"for grants administration purposes. :. e. The"Grant' referred to in this agreement is a subgrant to the Subrecipient passed thru from TDEM to the Subrecipient. j f. Certifying Official will be the Mayor, Judge, or Executive Director authorized to execute these grant terms and conditions,and to submit changes of Subreciplent Agents. f. Projects and any subsequent versions for those projects accepted by the Subrecipient and subsequently obligated or deobligated by DHS/FEMA are considered subawards to this grant agreement. A. Standard of Performance. Subrecipient shall perform all activities as approved by TDEM. Any change to a project shall receive prior written approval by TDEM and, if required, by FEMA. Subrecipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this.Grant, including but not limited'to the following Exhibits: • 1. Assurances—Non-Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances—Construction Programs, hereinafter referred to as"Exhibit B" 3. Certifications for Grant Agreements, hereinafter referred to as"Exhibit C" 4. State of Texas.Assurances, hereinafter referred to as"Exhibit D".. 5. Environmental Review Certification, hereinafter referred to as "Exhibit E" 6. Additional Grant Conditions, hereinafter referred to as"Exhibit F" 7. Additional Grant Certifications, hereinafter referred to as"Exhibit G" 8. Request for Information and Documentation referred to as"Exhibit H" B. Failure to Perform. In the event Subrecipient fails to implement and complete the project(s) approved and awarded, or comply with any provision of this Grant, Subrecipient shall be liable to TDEM for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds Page 1 of 20 TQEM—September 2019 GRANT TERMS AND CONDITIONS or any other grant program funds administered by TDEM until repayment to TDEM is made and any other compliance or audit finding is satisfactorily resolved, in,addition to any other remedy specified in this Grant. Failure to timely implement and complete projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by TDEM. C. Funding Obligations. TDEM shall not be liable to Subrecipient for any costs incurred by Subrecipient that are not allowable costs. 1. Notwithstanding 'any other provision of this Grant, the total of all payments and other obligations incurred by TDEM under this Grant shall not exceed the total cumulative' award amounts listed on the Subawards (projects and subsequent versions). 2. Subrecipient shall contribute the match funds listed on the subaward. Subrecipient shall refund to TDEM any sum of these Grant funds that has been determined by TDEM or DHS/FEMA to be an overpayment to Subrecipient or that TDEM determines has not been spent by Subrecipient in accordance with this Grant.:No refund payment(s) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Subrecipient shall make such refund to TDEM within thirty(30) calendar days after TDEM requests such refund D. Performance Period. The performance period for this Grant is listed on the subaward letter for each project. All projects shall be completed within the performance period AND all reimbursement requests shall be submitted to TDEM within 60 days of the end of the performance period, Subrecipient shall have expended all Grant funds and submitted reimbursement requests, invoices and any supporting documentation to TDEM within 60 days of the end of the performance period.TDEM shall not be obligated to reimburse expenses incurred after the performance period or submitted after the deadline. E. Uniform Administrative Rigauirements. Cost Principals and Audit Reaulrements. Except as specifically modified by law or this Grant, Subrecipient shall administer.this Grant . through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non-exclusive list is provided below [not all may apply in every projects): • Public Law 93-288, as amended(Stafford Act) • 44 CFR, Emergency Management and Assistance •' Disaster Mitigation Act of 2000 • OMB Regulations 2 CFR, Grant and Agreements • Executive Order 11988, Floodplain Management •. Executive Order 11990, Protection of Wetlands •. Executive Order 12372, intergovernmental Review of Programs and Activities • Executive Order 12549, Debarment and Suspension ' • Executive Order 12612, Federalism •' Executive Order 12699, Seismic Design ' • Executive Order 12898, Environmental Justice • Coastal Barrier Resources Act, Public Law 97-348 • Single Audit Act,.Public Law 98-502 I • Sandy Recovery Improvement Act publications Page 2of20> TDEM—September 2019 i GRANT TERMS AND CONDITIONS • 16 U.S.C. §470, National Historic Preservation Act • 16 U.S.C. § 1531, Endangered Species Act References • FEMA program publications, guidance and policies F. State Reaulrements for Grants. Subrecipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, (UGMS) at:_ htto://www.window.state.tx.us/orocurement/catrad/ugms.ndf and the program State Administrative Plan, available at: https:Uarants.tdem.texas.aov Subrecipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant and the approved application. Grant funds may not be awarded to or expended by any entity which performs:political polling.This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: 1. Texas General Appropriations Act, Art. IX, Parts 2 and• 3, except there is no requirement for increased salaries for local government employees; 2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office, influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose, and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; 3. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who uses alcoholic beverages on active duty and Subrecipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; 4. Texas General Appropriations Act, Art. IX, Section 6.13,which requires Subrecipient to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and 5. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grant may only be expended if Subrecipient timely completes and files its reports.: G. Restrictions and General Conditions. 1. Use of Funds. DHS/FEMA Grant funds may only be used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Page 3 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS Federal funds may not be used to sue the Federal government or any other government entity. 2. Federal Employee Prohibition. Federal employees are prohibited directly benefiting from.: any funds under this Grant. 3. Points of Contacts. Within 10 calendar days of any change, Subrecipient shall notify TDEM of any change in designated of Subrecipient Agents as submitted during the execution of this agreement, and any subsequent changes submitted by Subrecipient. . In the event a Subrecipient hires a consultant to assist them with managing its Public Assistance grants, they must be listed on the Designated Subrecipient Agent Form. TDEM will .direct all correspondence to the Subrecipient but will cc: the consultant on all . e"rnail exchanges. The. Subrecipient will. be responsible for sharing written. communications with the.Consultant. The Subrecipient will remain the primary point of contact and must be included in all decision making activities. 4. DUNS Number. Subrecipient confirms its Data Universal Numbering Systems (DUNS) Number is accurate and is registered on Sams.gov. The DUNS Number is the nine digit number established and assigned' by Dun and Bradstreet, Inc., at 866/705-5711 or http://fedgov.dnb.com/webform 5. Central .Contractor Registration and Universal Identifier Requirements. Subrecipient maintains that it has registered on the System for Award Management (SAM) at www.sam.gov or other federally established site for contractor registration, and entered TDEM-required information. Subrecipient shall keep current, and then review and update the information at least annually. Subrecipient shall keep information current in the SAM•. database until the later of when it submits this Grants:final financial report or receives final Grant award payment. Subrecipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section §200.32 of OMB 2 C.F.R. 6. Reporting Total Compensation of. Subrecipient Executives. 2 C.F.R. §200.331; see FEMA Information Bulletin 350. a. Applicability and what to report: Subrecipient shall report whether Subrecipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R..§200.331.. Subrecipient shall report . whether 80% or more of Subrecipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Subrecipient answers "yes"- to both questions, Subrecipient shall report,along with Subrecipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Subrecipient's five most highly compensated executives for the preceding completed fiscal year. b. Where and when to report: Subrecipient shall report executive total compensation at www.sam.gov or other federally established replacement_site. By signing this Grant, Subrecipient certifies that, if required, Subrecipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives, final payment. Subrecipient agrees that.it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. 7. Debarment and Suspension. Subrecipient shall comply with Executive Order 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or Page 4 of 20 TDEM—September 2019„ GRANT TERMS AND CONDITIONS suspending those persons deemed irresponsible in their dealings with the Federal government. 8. Direct Deposit. A completed direct deposit form from Subrecipient shall be provided to TDEM, prior to receiving any payments under the provisions of this grant. The direct deposit form is currently available at grants.tdem.texas.gov under Resources/Public Assistance: 9. Property Management and Inventory. 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. Site Visits. DHS/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 DHS/FEMA on the premises of Subrecipient or a contractor under this Grant, Subrecipient shall provide and shall 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. H. Procurement and Contracting. . 1. Procurements. Subrecipient shall comply with all applicable federal, state, and local 1 laws and' requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 2 C.F.R. 200. 318-326 and Appendix II to, Part 200 ' (A-C)and(E-J) 2. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 2 C.F.R. 200.326 and Appendix II- (A), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3. Procurement activities must follow the most restrictive of Federal, State and Local procurement regulations: a. Procurement by micro purchase b. Procurement by small purchase c. Procurement by sealed bid d. Procurement by competitive proposal ' e. Procurement by non-competitive proposal, solely when the award of a contract is unfeasible under the other methods The State must be contacted for approval to use a noncompetitive procurement method. ' 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. Page 5 of 20. TDEM-September 2019 GRANT TERMS AND CONDITIONS • The cost plus a percentage of cost and percentage of construction cost methods of contracting are inelialbie. Must perform cost/price analysis for every procurement action in excess of the Simplified Acquisition Threshold. Must negotiate profit as a separate element where required. 4. Evidence of non-debarment for vendors must be documented through, http://www.sam.gov/portal/public/SAM and http://www.wiridow.state.tx.us/procurement/proglvendor performance/debarred/ and submitted for review. 5. Comply with rules related to underutilized businesses (small and minority businesses, women's enterprises and labor surplus firms) at 2 CFR 200.321 I. Monitoring. Subrecipient will be monitored periodically by federal, state or:local entities, both programmatically and financially, to ensure that project goals, objectives,, performance requirements, timelines, milestone completion, budget, and other program-related criteria are met. 1 TDEM, or its authorized representative, reserves the right to perform periodic desk/office- based and/or on-site monitoring of Subrecipient's compliance with this Grant and of the adequacy and timeliness of Subrecipient's performance pursuant to this Grant. 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 and shall include requirements for the timely correction of such deficiencies by Subrecipient. Failure by Subrecipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. J. Audit. 1. Audit of Federal and State Funds. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act(OMB 2 C.F.R.200.501, formerly A- 133). Subrecipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. 2. Right. to Audit. Subrecipient shall give the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (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 Grant funds received and performances rendered under this Grant. Subrecipient shall permit TDEM or its authorized representative to audit Subrecipient's records. Subrecipient shall provide any documents, materials or information necessary to facilitate such audit. 3. Subrecipient's Liability for Disallowed Costs. Subrecipient understands and agrees that it shall be 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 Page 6 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS . i from funds that were not provided or otherwise made available to Subrecipient pursuant to this Grant or any other federal contract. 4. Subrecipient's Facilitation of Audit. Subrecipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as TDEM may require of Subrecipient. Subrecipient shall 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. 5. State Auditor's Clause. Subrecipient understands that acceptance of funds under this Grant 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 in the conduct of the audit or investigation, including providing all. records requested. Subrecipient shall 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 Subreclpient relating to this Grant. K. Retention and Accessibility of Records. . 1. Retention of Records. Subrecipient shall follow its own internal retentaion policy, or the state's retention policy, whichever is stricter. At a minimum, the subrecipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant' to the applicable OMB 2 C.F.R. Subpart D - Post Federal Award ;. Requirements, §200.333-337, and this Grant. 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, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate'or equipment final disposition. The DHS or TDEM may direct Subrecipient to retain documents or to transfer certain records to DHS/FEMA custody when DHS/FEMA determines that the records possess long term retention value. 2. Access to Records. Subrecipient shall give:the United States Department of Homeland Security, 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 Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long .as the records are ' .. retained by Subrecipient. L. Changes. Amendments. Suspension or Termination. 1. Modification. DHS/FEMA or TDEM may modify this Grant 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 Grant. Any alteration, addition, or deletion to this Grant by Subrecipient is not valid. 2. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to I, this Grant that are required by changes in federal and state laws, regulations or policy are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event DHS/FEMA or TDEM determines that changes are necessary to this Grant after. an award has been made, including changes to the period of performance or terms and conditions, Subrecipient shall be notified of the changes in writing. Once notification has Page 7 of 20 TDEM—September 2019 .- i GRANT TERMS AND CONDITIONS been made, any subsequent request for funds will indicate Subrecipient's acceptance of the changes to this Grant. 1 3. Suspension. In the event Subrecipient fails to comply with any term of this Grant, TDEM may, upon written notification to Subrecipient,.suspend this Grant, in whole or in part, withhold payments to Subrecipient and prohibit Subrecipient from incurring additional obligations of this Grant's funds. . 4. Termination.TDEM shall have the right to terminate this Grant, 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 term of this Grant. TDEM shall provide written notice of the termination and include: a. The reasons)for such termination; .: b. The effective date of such termination; and c. .In the case of partial termination,the portion of this Grant to be terminated. d. Appeal may be made to the Deputy Chief of the Texas Division of Emergency Management- Recovery&Mitigation. j M. Enforcement. If Subrecipient materially fails to comply with any term of this Grant, 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 DHS/FEMA may take one or more of the following actions, as appropriate in the circumstances: 'I. Increased monitoring of projects and require additional financial and performance reports. 2. Require all payments as reimbursements rather than advance payments 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 DHS/FEMA to wholly or partially de-obligate funding for a project 6. Temporarily withhold cash payments pending correction of the deficiency by subrecipient or more severe enforcement action by TDEM or'~DHS/FEMA; 7. Withhold further awards for the grant program ' 8. Take other remedies that may be legally available In taking an enforcement action, TDEM will provide. Subrecipient an opportunity for a hearing, appeal, or other administrative proceeding to which Subrecipient is entitled under any statute or regulation applicable to the action involved. The costs of Subrecipient resulting from obligations .incurred by. Subrecipient during a suspension or after termination of this Grant are not allowable unless TDEM or DHS/FEMA expressly authorizes them in the notice of suspension or termination or subsequently. . Other Subrecipient costs during suspension_ or after termination which are necessary and not reasonably avoidable are allowable.if: 1 • The costs result from obligations which were properly incurred by Subrecipient before the effective date of suspension or termination,.are not.in anticipation of it, and in the case of a termination, are non-cancellable; and , • The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, • do not preclude Subrecipient from being subject to "Debarment and,Suspension" under E.O. Page 8 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS 12549. 2 C.F.R., Appendix II to Part 200, (I).. N. Conflicts of Interest. The subrecipient will maintain 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 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. O. Closing of this Grant. TDEM will close each subaward after receiving all required final documentation 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. At the completion and closure of all Subrecipient's projects (subawards), TDEM will request the Subrecipient to Certify the completion of all projects (subawards) in accordance of the grants terms and conditions to state there are no further claims under this subgrant . The closeout of this Grant does not affect: 1. DHS/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, 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 Grant that impose continuing obligations on Subrecipient or that govern the rights and,limitations of the parties to this Grant after the expiration or termination of this Grant. . P. Notices. All notices and other communications pertaining to this agreement shall be delivered in electronic format and/or writing and shall be transmitted by fax, e-mail, personal hand-delivery (and receipted for) or deposited in the United States Mail, as certified mail, return receipt requested and postage prepaid, to the other party. 3i Page 9 of 20 TDEM—September 2019 i i GRANT TERMS AND CONDITIONS EXHIBIT A ASSURANCES - NOWCONSTRUCTION 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, program and to purchase flood insurance if the total cost of Insurable managerial and financial capability(Including funds suftident to pay the non- construction and acquisition Is$10,000 or more. Federal share of project cost)to ensure proper planning,management and completion of the project described in this Grant. 11. Will comply with environmental standards which may be prescribed pursuant to the following:(a) institution of environmental quality control measures 2. Will give the Department of Homeland Security, the Texas Division of under the National Environmental Policy Act of 1969 (P.L. 91-190 as Emergency Management,the Comptroller General of the.United States and, amended by 42 U.S.C.4311 et seq.and Executive Order(EO)11514)which If appropriate,the State, through any authorized representative,access to establishes national policy goals and procedures to protect and enhance the and the right to examine all records,books,papers,or documents related to environment,Including protection against natural disaster;..To comply with this Grant and will establish a proper accounting system In accordance with NEPA for DHS grant-supported activities, DHS-FEMA requires the • generally accepted accounting standards or agency directives. environmental aspects to be reviewed end evaluated bofore final action on the application;(b)notification of violating facilities pursuant to..O 11738; 3. MI establish safeguards to prohibit employees from using their positions for (o) protection of wetlands pursuant to EO 11990; (d)evaluation of flood a purpose that constitutes or presents the appearance of personal or hazards in floodplains In accordance with EO 11988; (e) assurance of-. • organizational conflict of Interest or personal gain. • project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 4. Will initiate and complete the work within the applicable time frame after §§1451 et seq.); (f)comply with the Clean Atr Act of 1977, (42 U.S.C. receipt of approval of the awarding agency. §§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 5. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S.C. public health and welfare and for restoring and maintaining the chemical, §§4728-4763) relating to prescribed standards for merit systems for physical, and biological Integrity of the nation's waters; (g) protection of programs funded under one of the 19 statutes or regulations specified In underground sources of drinking water under the Safe Drinking Water Act of Appendix A of OPM's Standards for a Merit System of Personnel 1974,as amended(P.L.93-523);and,(h),protection of endangered spades Administration(5 C.F.R.900,Subpart F): under the Endangered Species Act of 1973,as amended(P.L.93-205). 6. Wil comply with all Federal statutes relating to nondiscrimination.These 12. Will comply with the Wild and Scenic Rivers Act of 1068(16 U.S.C.§§1271 et Include but are not limited to:(a)Title VI of the Civil Rights Act of 1064(P.L. seq.) related to protecting components or potential components of the 88-352)which prohibits discrimination on the basis of race,color or national national wild and scent°rivers system. origin;(b)Title IX of the Education Amendments of 1972,as amended(20 U.S.C.§§1681-1683,and 1885-1686 and 44 C.F.R.Part 19),which prohibits 13. Will assist the awarding agency in assuring compliance with Section 106 of discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act the National-Historic Preservation Act of 1966,as amended(18 U.S.C.. of 1973,as amended(29 U.S.C.§794),which prohibits discrimination on the §470),EO 11593(Identification and protection of historic properties),and the basis of handicaps;(d)the Age Discrimination Act of 1975,as amended (42 Archaeological and Historic Preservation Act of 1974(16 U.S.C.§§469a-1 et U.S.C.§§6101-6107),which prohibits discdmInetten on the basis of age;(e) seq.). 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 14. Will comply with P.L 93-348,45 C.F.R.46,and OHS Management Directive Comprehensive Alcohd Abuse and Alcoholism Prevention,Treatment and 026-044(Directive)regarding the protection of human subjects Involved In Rehabilitation Act of 1970 (Pl. 91-616), as amended, relating to research, development, and related activities supported by this Grant. • nondiscrimination on the basis of alcohol abuse or alcoholism;(g)§§523 "Research" means a systematic Investigation, Including research, and 527 of the Public Health Service Act of 1912(42 U.S.C.§§290dd-3 and development,testing,and evaluation designed to develop or contribute to 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse general knowledge. See Directive for additional provisions for including patient records; (h)Title VIti of the Civil Rights Act of 196E (42 U.S.C. humans in the womb,pregnant women,and neonates(Subpart 8);prisoners §§3601 et seq.),as amended,relating to nondiscrimination in the sale,rental (Subpart C); and children (Subpart D), See also state and local law for or financing of housing; (I) any other nondiscrimination provisions In the research using autopsy materials. specific statute(s)under which agreement for Federal assistance Is being - made; and (I)the requirements of any other nondiscrimination statute(s) 15. Will comply with the Laboratory Animal Welfare Act of 1966(P.L.89-544,as which may apply to the application. ' 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 7. Wlll comply or has already complied with the requirements of Titles II and Ill In research,transported commercially,or exhibited to tho public according to of the Uniform Relocation Assistance and Real Property Acquisition Policies , the Guide for Care and Use of Laboratory-Animals and Public Health Act of 1970(P.L.91-646)which provide for fair and equitable treatment of Service Policy and Government Principals Regarding the Care and Use of persons displaced or whose property is acquired as a result of Federal or Animals. federally-assisted programs.These requirements apply to all interests In real - property acquired for project purposes regardless of Federal participation in purchases. 16. Wilt 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 8. Will comply,as applicable,with provisions of the Hatch Act(5 U.S.C.§§1501- or rehabilitation of residence structures. 1508 and 7324-7328)which limit the political activities of employees whose - • principal employment activities are funded in whole or in part with Federal 17. Will cause to be performed the required financial and compliance audits in funds. accordance with the Single Audit Act Amendments of 1996 and OMB 9. Will comply,as applicable,With the provisions of the Davis Bacon Act(40 Circular No.A-133(now OMB 2 C.F.R. 200.500),"Audits of States,Local Governments,and Non-Profit Organizations. U.S.C. §§276a to 276a-7),the Copeland Act(4 U.S.C. §2'/6c and 18 0 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 18. Will comply with all applicable requirements of all other Federal laws, construction sub-agreements. executive orders, regulations,grant guidance, and policies governing this Grant. 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 Page 10 of 20 • TDEM—September 2019 • GRANT TERMS AND CONDITIONS • 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 requirements of any other nondiscrimination statue(s)which may apply • Institutional, managerial and financial capability (including funds to the agreement. sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of project described in 11. Will comply or has already complied with the requirements of Titles II this Grant. and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(P.L.91-646)which provide for fair and 2. Will give the Department of Homeland Security,the Texas Division of equitable treatment of parsons displaced or whose property is acquired Emergency Management,the Comptroller General of the United States as a result of Federal and federally-assisted programs. These and,if appropriate,the State,the right to examine all records,books, requirements apply to all interests in real property acquired for project papers,or documents related to this Grant and will establish a proper purposes regardless of Federal participation in.purchases. accounting system in accordance with generally accepted accounting standards or agency directives. 12. Will 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 3. Will not dispose of,modify the use of,or change the terms of the real principal employment activities are funded in whole or in part with property title or other interest in the site and facilities without permission Federal funds. and instructions from the awarding agency. Will record the Federal awarding agency directives and will Include a covenant in the title'of 13. Will comply,as applicable,with the provisions of the Davis-Bacon Act real property acquired in whole or in part with Federal assistance funds (40 U.S.C.§§276a to 276a-7),the Copeland Act(40 U.S.C.§276c and to assure nondiscrimination during the useful life of this Grant. 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- 4. W l comply with the requirements of the assistance awarding agency assisted construction sub-agreements. with regard to the drafting, review and approval of construction plans 14. Will comply with flood insurance purchase requirements of Section and specifications. 102(a)of the Flood Disaster Protection Act of 1973(P.L.93-234)which' ' ! 5. Will provide and maintain competent and adequate engineering requires recipients in a special flood hazard area to participate in the • supervision at the construction site to ensure that the complete work program and to purchase flood insurance if the total cost of insurable conforms with the approved plans and specifications and will furnish construction and acquisition Is$10,000 a-more. progressive reports and such other information as may be required by 15. Will comply with environmental standards which may be prescribed the awarding agency or State, pursuant to the following:(a)institution of environmental quality control 6. Will initiate and complete the work within the applicable time frame after measures under the National Environmental Policy Act of 1989(P.L. receipt of approval of the awarding agency. 91-190)as amended by 42 U.S.C.4311 et seq.,and Executive Order s" (EO)11514 which establishes national policy goals and procedures to 7. Will establish safeguards to prohibit employees from using their protect and enhance the environment, Including protection against positions for a purpose that constitutes or presents the appearance of natural disasters; (b)notification of violating facilities pursuant to EC pommel or organizational conflict of interest or personal gain. . ' 11738;(c)protection of wetlands pursuant to EO 11990;(d)evaluation 8. Will comply with the Intergovernmental Personnel Act of 1970(42 ' of flood hazards in floodplains In accordance,with EO 11988;.(o) U.S.C.§§4728-4763)relating to prescribed standards of merit systems assurance of project consistency with the approved State management for programs funded under one of the 19 statutes or regulations program developed under the Coastal Zone Management Act of 1972 specified in Appendix A of OPM's Standards for a Merit System of (16 U.S.C.§§1451 et seq.);(f)comply with the Clean Air Act of 1977, Personnel Administration(5 C.F.R.900,Subpart F). (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 9. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 resources to promote public health and welfare and for restoring and 1J.5.C_§§4801 et seq.)which prohibits the use of lead-based paint in , maintaining the chemical, physical, and_biological integrity of the construction or rehabilitation of residence structures. nation's waters;(g)protection of underground sources of drinking water under the Safe thinking ng Water Act of 1974,as amended(P.L.93-523); 10. Will comply with all Federal statutes relating to nondiscrimination. and, (h) protection of endangered species under the Endangered These include but are not limited to:(a)Title VI of the Civil Rights Act of Species Act of 1973,as amended(P.L.93-205). . • 1964(P.L.88-362)which prohibits discrimination on the basis of race, . color or national origin; (b)Title IX of the Education Amendments of 16- Wilfcomply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. • 1972, as amended (20 U.S.C. §§1681 1683,and 1685-1686 and:44 . §§1271 et seq.) related to protecting components or potential C.F.R. Part 19),which prohibits discrimination on the basis of sex;(c) components of the national wild and scenic rivers system. • Section 504 of the Rehabilitation Act of 1973,as amended(29)U.S.C. 97. Will assist the awarding agency In assuring compliance with Section §794),which prohibits discrimination on the basis of handicaps;(d)the 106 of the National Historic Preservation Act of 1966,as amended(16 Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101-6107), U.S.C. §470), EO 11593 (Identification•and protection of historic which prohibits'discrimination on the basis of age;(e)the Drug Abuse properties}, and the Archaeological and Historic Preservation Act of Office and Treatment Act of 1972(P.L.92 255),as amended relating to 1974(16 U.S.C.§§469a-1 et seq). nondiscrimination on.the basis of drug abuse;.(f)the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and ja. Will cause to be performed the required financial and compliance audits rehabilitation Act of 1970 (P.L 91-616), as amended, relating to In accordance with the Single Audit Act Amendments of 1996 and OMB nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Circular No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States,: §§523 and 527 of the Public Health Service Act of 1912(42.U.S.C. Local Governments,and Non-Profit Organizations." §§29Ddd-3 and 290ee-3), as amended, relating to-confidentiality of alcohol and drug abuse patient records;.(h)Title VIII of the Civil.Rights 19. WIII comply with all applicable requirements of all other Federal laws, Act of 1968 (42 U.S.C. §§3601 at seq.), as amended, relating to executive orders, regulations, grant guidance and policies governing nondiscrimination in the sale, rental or financing of housing; (I) any this Grant. other nondiscrimination provisions in the specific statue(s)under which agreement for Federal assistance Is being made; and (I) the • • • Page 11 of 20. TDEM—September 2019 I GRANT TERMS AND CONDITIONS Exhibit C Certifications for Grant Agreements The undersigned,as the authorized official,certifies the following to the best of his/her knowledge and belief. A. 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. B. 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-LLL Disclosure of Lobbying Activities,in accordance with its instructions. C. 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 was placed 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 subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. D. 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: 1. Are not debarred,suspended,proposed 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. Subrecipient can access debarment information by going to www.sam.gov and the State Debarred Vendor List at:- www.window.state.tx.us/procurementlproglvendor performance/debarred. 2 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, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(D)(2)of this certification; 4. 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 5. 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). E. 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. F. 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. G, Subrecipient will comply with the Drug-free Workplace Act,in Subpart B of 2 C.F.R.Part 3001. H 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-129 and form SF-424, item number 17 for additional information and guidance. I. 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. J. Subrecipient understands that failure to comply with any of the above assurances may result in suspension,termination or reduction of funds in this Grant. Page 12 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS 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 Subredpient'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 revoked 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, or shall 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 insure that all terms, conditions, and'specifications are met. (See UGMS Section_.36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.101,which requires reporting of ail 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 VI of the Civil Rights Act of 1964(P.L.88-352),which prohibits discrimination on the basis of race,calor,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 1,11,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 certain testing entitles,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; (f) 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.G.§§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(j)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. §§7321-29),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. Page13of20 TDEM—September 2019 GRANT TERMS AND CONDITIONS 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 el seq.); (f)conformity of federal actions to State(Clear Air)Implem entation Plans under Section 176(c)of the Clear Alr Act of 1955,as amended(42 U.S.C.§§7401 et seq.);(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). 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 at seq.). ' 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 commer cially,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 taxforms. 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 athttas:llwww.sam.cov/aortal/public/SAM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann.,Sec.85.001,et seq. • Page 14 of 20. TDEM—September 2019 • GRANT TERMS AND CONDITIONS. EXHIBIT E Environmental Review As the duly authorized representative of Subrecipient,I certify that Subreciplent: 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 FEMA's 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,EHP Screening Form OMB Number 1660-0115JFEMA Form 024-0-01 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. 5: 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 ere not limited to communications towers, physical security enhancements 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 FEMA'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 FEMA and the appropriate State Historical Preservation Office. Page 15 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS EXHIBIT F Additional Grant Conditions 1. Additional damage requiring a new Public Assistance project to.be written must be reported within 60 days following the Project Scoping,;meeting with the State- Federal team. 2. All work must be done prior to the approved project completion deadline assigned to each Project (POP). 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. The reason for an extension ' l must be based on extenuating circumstances or unusual project requirements that are beyond the control of your jurisdiction/organization. Failure to submit a time extension request 60 days prior to the end of the period of performance may result in reduction or withdrawal of federal funds.for approved work. 3. Any significant change to a projects approved Scope of Work must be reported and approved through TDEM and FEMA before starting the project. Failure to do so will 'jeopardize grant funding.. The Subrecipient shall submit requests for cost overruns requiring additional obligations to TDEM, who will forward to FEMA for review and approval prior to incurring costs. . . 4. The.Project Completion and Certification Report must be submitted to TDEM within 60 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, or Duplication of Benefits form certifying other funds were received to complete the project. , ' 5. A cost overrun appeal on small ($128,900) Public Assistance projects must be reported to the Texas:: Division of Emergency Management(TDEM)within 60 days of completing the last small project in order to be considered for additional funding. 6. Appeals may be filed on any'determination made by FEMA or TDEM. All appeals must be submitted to: TDEM within 60 days from receiving written notice of the action you wish to' appeal. Should you wish to appeal a determination contained in the project application, the 60 days will start the day the application is signed. Appeals for. Alternative Projects will be subject to:the terms of the signed agreement for the Alternative Project. 7. Public Assistance program projects will not receive funding until all of the requirements identified in the comments section of the Project Worksheet are met. I 8. You may request a payment of funds on projects by initiating a Request for Reimbursement (RFR) in TDEM's Grant Management System (GMS) or an"Advance of Funds Request (AFR), and Including documentation supporting your request. Small Public Assistance projects are paid upon obligation and will: I be Initiated by TDEM personnel. Payments for open projects must be requested at least quarterly if expenditures have been made in that quarter. 9. Subrecipients will be required to submit quarterly project. reports (QPR) for. open large projects using .. TDEM's GMS. Your assigned Grant Coordinator will coordinate the due date for your specific reporting. Public Assistance program small projects are typically exempt from quarterly reporting, however TDEM reserves the right to require QPRs on any smalls requiring a POP extension. The first quarterly report will be due at the end of the first full quarter following the quarter in which the project was obligated. No quarterlies are required for projects that Subrecipient has initiated a closeout request and has provided a certificate of completion: Failure to submit required quarterly reports for two or more quarters can result in withholding or deobligation of funding for.Subrecipients until all reports are submitted and up-to-date. Page 16 of 20 TDEM—September 2019 i GRANT TERMS AND CONDITIONS 10.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. A copy of the Single Audit must be submitted . to your cognizant State agency or TDEM within nine months of the end of the subreciplent's fiscal year. Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter must be sent to TDEM certifying to this. 11.Subrecipients will not make any award to any party which is debarred or suspended, or is otherwise excluded from participation in the Federal assistance programs (EO 12549, Debarment and Suspension). Subrecipient must maintain documentation validating review of debarment list of eligible contractors. 12.Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment. A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of equipment is valued over $5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If the fair market value of a piece of equipment is less than $5,000, the property can either be retained, sold or designated as surplus with no further obligation to FEMA. 13.TDEM will be using the new FEMA Public Assistance Delivery Model to facilitate the writing of project worksheets (Portal). Subrecipient will be responsible for establishing and maintaining an active account in the Portal and to provide and upload timely, all information requested that is needed to write accurate project worksheets. The Portal will provide the Subrecipient visibility of the entire project writing process. 14.TDEM will be using its new Grant Management System (GMS) for Subrecipient grant management functions. Subrecipient will access GMS to initiate Requests for Reimbursements (RFR), Advance of Funds Requests (AFR), Time Extensions, Scope and Cost changes requests, Quarterly Reports, Project Closeouts, Appeals, and other items deemed necessary by TDEM. 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. 16.2 CFR 200.210(a)(15), 2 CFR 200.331(a)(1)(xiii) and (a)(4) make reference to indirect cost rates. The Subrecipient may use the negotiated Indirect Cost Rate approved by its cognizant agency, or may use the 10% de minimis rate of modified total direct costs (MTDC) (as.per§ 200.414) when receiving Management Costs. I • } Page 17 of 20 TDEM—September 2019 • • GRANT TERMS AND CONDITIONS EXHIBIT G .-3...»Jx,a'r': '�. ::K! 4+v4tw^r;.�:a_•�=.ram' �<'j�cti�^_.F"� \w.a..7•i„S'-�.:�„�jsay 1 �tvla"I:ah�ert�#ica#iani��'� ,- •�=��--,,�-.. m. ..�� . , Additional Grant Certifications :Subrecipient certifies that it has the ability to meet or exceed the cost share required for:all subawards(Projects) and amendments(versions)under this Grant Agreement. 4 v`P"ya' f`='"rY `. 'S`- +,1- 'gar -�r� 'ir.Tw vC ;kiD plicatteino :ogreir .a ementa w. } Subrecipient certifies there has not been,nor will there,be,a duplication of benefits for this project Match Certification ..5: i�?.�r: 'Atetier 'S.n •x...f. t... yr dip:.. z'iii` Qi 'c b'"ii e:� =:1`t s ..i=fie r. .��: ,1 '�_�-� v. Subrecipient certifies that it is not delinquent on any Federal Debt. i for.Hazard Mitigation Projects Only; ,,19 e Applicant certifies that if there is a Maintenance Agreement needed for this facility copy of that agreement will be' provided to TDEM. ' .'.- • } i +- a e 'v'r 4;ar>,....-:� ;27:-yb.-it•^�c Federal Executive Order 12898 compliance requirements—If there are any concentrations of low income or minority populations In or near the HMGP project: 1. Applicant certifies that the HMGP project result will not result in a disproportionately high or adverse effect on low income or minority populations. ' OR I 2. Applicant certifies that action will be taken to ensure achievement of environmental justice for low income and minority populations related to this HMGP project. • Page 19 of 20 TDEM—September 2019 • Request for Information and Documentation Policy and Guideline It is crucial to the success of the overall Grant Program and to the timely completion and closure of awarded projects that timelines be established for providing information and documentation. TDEM has developed a framework to support this endeavor following a progressive series of communications for the Subrecipient(RFI).TDEM will work with you throughout the RFI process as communication is the key to your success. RFI Timeilnes First informal Request The primary contact for the Subrecipient will receive the RFI via email with five business days to respond. - I Second Informal Request A second email to the primary contact will be sent with an additional five business days to respond. Third informal Request A phone call will be made to the primary contact with a third email, requesting the information to be provided within five business days. The,Regional Section Administrator and State Coordinator will be copied. Fourth Formal Request The Supervising Program Director of Recovery will issue a certified letter: to the highest ranking official highlighting previous requests and an additional ten days to provide the requested Information. Final Formal Request A final request by certified letter will be issued by the Deputy Assistant Director of Recovery,Mitigation,and Standards,or the Assistant Director of the Texas Division of Emergency Management to the highest ranking official giving the final ten business days to respond or deobligation.of the project will begin. Final Action If the RFI is not sufficiently answered,the project will be deobligated, and any previously paid funds must be returned to TDEM. Reference; RMS Services Grant Program Request for Information and Documentation August 2017 GRANT TERMS AND CONDITIONS Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by them. • NIA Assurances—Non-Construction Programs, hereinafter referred to as "Exhibit A" ,, G.}/ Assurances—Construction Programs, hereinafter referred to as"Exhibit B" Certifications for Grant Agreements, hereinafter referred to as"Exhibit C" (�State of Texas Assurances,hereinafter referred to as"Exhibit D" 6i Environmental Review Certification, hereinafter referred to as"Exhibit E" ,i1Additional Grant Conditions, hereinafter referred to as"Exhibit F" aI Additional Grant Certifications,hereinafter referred to as"Exhibit G" N/A Request for Information and Documentation referred to as"Exhibit H" Please sign below to acknowledged acceptance of the grant and all exhibits in this agre ent, and to abide by all terms and conditions. lZ 19- 1/ S ature f ertifying Official Date e(4, ,ej: r-PeArs, Z-9,,14-14_5"--e— Printed Name aid Title - . . Page 20 of 20: TDEM—September 2019 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 21:20:28 RECORD OF ENVIRONMENTAL CONSIDERATION(REC) • Project HMGP-DR-4332-TX Project#283. Title:City of Pearland Acquisitions NEPA DETERMINATION Non Compliant Flag: No EA Draft Date: EA Final Data: EA Public Notice Date: EA Fonsi Level: CATEX EIS Notice of Intent EIS ROD Date: Comment. Under the proposed HMGP project.the City of Pearland(Brazorla and Harris County),Texas proposes to acquire one(1)vacant lot and acquire.and demolish structures that.are prone to flooding.The acquired properties will be deed restricted and will remain as open space In perpetuity. See attached EHP approved properly list. This project has been determined to be Categorically Excluded from the need to prepare either an Environmental impact Statement or Environmental Assessment in accordance with FEMA Instruction_ 108-1-1 and DHS Instruction 023-01-001-01;CATEX N3: Particular attention should be given to the project conditions before and during project implementation-Failure to comply with these conditions may jeopardize federal assistance Including funding. jhowar25-09/24/2019 20:46:08 GMT CATEX CATEGORIES Catex Category Code Description Selected 'n3 ('n3)Federal Assistance for Property Acquisition and Demolition.Federal Yes assistance for the acquisition of properties and the associated demolition and removal when the acquisition is from a willing seller,the assistance is solely for the purposes of financial compensation for the acquisition,and the land is deed restricted to open space,recreational,wildlife habitat,or wetland uses in perpetuity.The CATEX does not apply to subsurface uses of acquired .. properties,or acquired properties with encumbrances or easements authorizing current or future subsurface uses that are not allowable and compatible with open space.This CATEX covers actions associated with the determination of program eligibility.This CATEX does not cover Federal assistance actions that involve acquisition for the purpose of construction or development at a site in the acquired property.The use of eminent domain is explicitly excluded from the CATEX. i EXTRAORDINARY Extraordinary Circumstance Code Description Selected? No Extraordinary Circumstances were selected ENVIRONMENTAL LAW I EXECUTIVE ORDER • Environmental Law/ Executive Order Status Description Comment Clean Air Act(CAA) Completed• Project will not result In permanent air emissions-Review concluded Coastal Barrier Resources Aot Completed Project Is not on or connected to CBRA Unit (CBRA) or otherwise protected area-Review • concluded Page 1 of 4 NOTE:At times are GMT using a 24-hour clock. • 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 21:20:28 RECORD OF ENVIRONMENTAL CONSIDERATION(REC) ' •Project HMGP-DR-4332-TX Project#283 • • Title:City of Nearland Acquisitions ' • • l.- i Environmental Law! Executive Order Status Description Comment Clean Water Act(CWA) • Completed Project would not affect any water of the U.S. . -Review concluded • Coastal Zone Management Act Completed Project is located in a coastal zone area Based on consultation with Texas General Land . (CZMA) and/or affects the coastal zone Office(GLO)and review of Coastal Coordination Council(CCC)General Concurrence fib,FEMA • has determined that this project is deemed • consistent with the goats and policies of the • Texas Coastal Management Program COMP)and consistency review procedures as Implemented by the GLO.-jhowar25-09/24/2019 20:48:28 GMT Completed State administering agency does not require • consistency review-Review concluded . • Executive Order 11988- Completed Located in tloodplain or effects on Portions of the project are located within AE and Flcodpiains floodpialn/fload levels Floodway zone areas of 100-yr flooding,per . , .. various Flood insurance Rale Map(FIRM)panels . . (see attached property Ilst).The proposed action • is not likely to result in any potential direct Impacts that will adversely affect the natural . . values and function of flcodplains,nor is It likely to increase the risk of flood loss.-jhowar25- 09/24/2019 20:53:46 GMT I�I Completed Beneficial Effect on Floodplain OccupancyNaluos-Review concluded • - Executive Order 11990- Completed No effects on wetlands and project outside A review of the National Wetland inventory Wetlands wetlands-Review concluded (NWI)online mapper,accessed on 9/23/2019 for • • the site,Indicates that portions of the project . area are adjacent to a designated wetland, however the project is for the acquisition and • demolition of existing structures which is not • likely to affect wetlands.-jhowar25-09/24/2019 20:54:40 GMT Executive Order 12898- Completed Low income or minority population In or near Environmental Justice for Low project area • • Income and Minority Populations • Completed No disproportionately high and adverse ' • Impact on low Income or minority population- Review concluded Endangered Species Act(ESA) Completed Listed species and/or designated critical habitat present In areas affected directly or, indirectly by the federal action NOTE:All times are GMT using a 24-hour clock. Page 2 of 4 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 21;20:28 • RECORD OF ENVIRONMENTAL CONSIDERATION(REC) • Project HMGP-DR-4332-TX Project#283 Title:City of Pearland Acquisitions• - t • Environmental Law/ Executive Order •Status Description Comment • Completed No effect to species or designated critical habitat(See comments for justification)- • Review concluded Farmland Protection Policy Act Completed Project dogs not affect designated prime or (FPPA) unique farmland-Rovlow concluded Fish and Wildlife Coordination Completed Project does not affect,control,or modify a Act(FWCA) waterway/body of water-Review concluded • Migratory Bird Treaty Act(MBTA) Completed Project located within a flyway zone Completed Project does not have potential to take migratory birds'-Review concluded • Magnuson-Stevens Fishery Completed Project not located In or near Essential Fish ' Conservation and Management Habitat-Review concluded Act(MSA) • National i listoric Preservation Act Completed Standard Seotlon 106 roviow For some properties,FEMA has determined that . (Ni-PA) • there will be No Historic Properties Affected. . SHPO concurrence with this determination was received,dated August 12,2019.For the • remaining properties,the scope of work'has been reviewed and meets the criteria in • Appendix B-Programmatic Allowances, II.B.10.a of FEMA's Programmatic Agreement (PA)dated September 11,.2014.In accordance with this PA,FEMA is not required to determine the National Register eligibility of properties • where work performed meets the Appendix B criteria. The scope of work has been reviewed and FEMA has determined that the project will not require Tribal Consultation.-rmoyerl- 09/25/2019 13:34:44 GMT Completed Building or structure 50 years or older or • listed on the National Register in the project area and activity not exempt from review' • • Completed Determination of No Historic Properties. Affected(FEMA tlnding/SHPO/THPO concurrence attached)-Review concluded • • • Completed Project affects only previously disturbed ground-Review concluded • NOTE:All times are GMT using a 24-hour clock. Page 3 of 4 • • 09/25/2019 FEDERAL. EMERGENCY MANAGEMENT AGENCY REC-01 21:20:29 • RECORD OF ENVIRONMENTAL CONSIDERATION(REC) • Project HMGP-DR-4332-TX Project 11283 • • Title:City of Peariand Acquisitions Environmental Law/ Executive Order Status Description Comment Resource Conservation and Completed Review concluded • Recovery Act,aka Solid Waste • Disposal Act(RCRA) • !EE Wild and Scenic Rivers Act Completed Project Is not along and does not affect Wild • (WSR) and Scenic River-Review concluded CONDITIONS Special Conditions required on Implementation of Projects: Applicant must coordinate with the local floodplain administrator,obtain required permits prior to initiating work,and comply with any conditions of the permit to ensure harm to and from the floodplain is minimized. All coordination pertaining to these activities should be retained as part of the project file in accordance with the respective grant program instructions. • Source of condition:Executive Order 11988-Floodplains Monitoring Required: No Where appropriate,the applicant shall ensure that best management practices are implemented to prevent erosion and sedimentation to surrounding,nearby or adjacent wetlands.This Includes equipment storage and staging of construction to prevent erosion and sedimentation to ensure that wetlands are not adversely Impacted per.the Clean Water Act and Executive Order 11990. Source of condition:Executive Order 11990-Wetlands Monitoring Required: No • If any asbestos containing materials,lead based paint and/or other hazardous materials are found during remediation or repair activities, the applicant must comply with all federal,state and local abatement and disposal requirements under the National Emissions Standards . for Hazardous Air Pollutants(NESHAP). Source of condition:Clean Air Act(CAA) • Monitoring Required: No Unusable equipment,debris and material shall be disposed of in an approved manner and location.In the event significant Items(or evidence thereof)are discovered during implementation of the project,applicant shall handle,manage;and dispose of petroleum • products,hazardous materials and toxic waste In accordance to the requirements and to the satisfaction of the governing local,state and federal agencies. Source of condition:Resource Conservation and Recovery Act,aka Solid Waste Monitoring Required: No Disposal Act(RCRA) • Standard Conditions: • Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address at federal,state and local requirements.Acceptance of federal funding requires recipient to comply with all federal,state and focal laws.Failure to obtain all appropriate federal,state and local environmental permits and clearances may jeopardize federal funding. • Ir ground disturbing activities occur during construction,applicant will monitor ground disturbance and If any potential archeological resources are discovered,will immediately cease construction In that area and notify the State and I°EMA. • NOTE:All times are GMT using a 24-hour dock. Page 4 of 4 DEED RESTRICTION—3313 Robinson In reference to the property located at 3313 Robinson ("the Property") in PEARLAND, TEXAS conveyed by the Deed between Ronald E. and Dorothy A. Stasky, participating in the federally-assisted acquisition project ("the Grantor"), and the City of Pearland ("the Grantee"), its successors and assigns: WHEREAS, the legal description of the Property is"TWIN CREEK WOODS (PEARLAND) BLK 3 LOT 33;" WHEREAS, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program, including the acquisition and relocation of structures in the floodplain; WHEREAS,the mitigation grant program provides a process for a local government,through the State,to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; WHEREAS, STATE OF TEXAS —TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) has applied for and been awarded such funding from the Department of Homeland Security; Federal Emergency Management Agency and has entered into a mitigation grant program Grant Agreement in 2018 with FEMA and herein incorporated by reference; making it a mitigation grant program grantee. WHEREAS,the Property is located in Pearland, Brazoria County,Texas and the Grantee participates in the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed; WHEREAS,the Grantee, acting by and through the CITY COUNCIL OF THE CITY OF PEARLAND, has applied for and been awarded federal funds pursuant to an agreement with STATE OF TEXAS—TEXAS DIVISION OF EMERGENCY MANAGEMENT dated December 19, 2019 ("State-Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State-local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; and WHEREAS,the Grantee has acquired and demolished the property and is imposing the restrictions herein upon itself, in compliance with the Federal program regulations consistent with 44 C.F.R. Part 80. Now,therefore,the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the [select mitigation grant program] program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80,the Grant Agreement,and the State-local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved,unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b.Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii.A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph 1.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d.Transfer.The Grantee,including successors in interest,shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However,the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed,or b) At the time of title transfer, the Grantee shall retain such conservation easement,and record it with the deed. iv.Conveyance of,any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State,Tribe,or local government in the event that the transferee ceases to,exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part,the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years on January 15 the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80,the property conveyance, and the grant award. 4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80,the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a.The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60-day period, the State shall enforce the terms of the grant by taking any measures it• deems appropriate, including but not limited to'bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking. any measures it deems appropriate, including but not limited to 1 or more of the following: a)Withholding FEMA mitigation awards or assistance from the State or Tribe,and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State,the Tribe,the local community, and their respective successors. 5. Amendment.This agreement may be amended upon signatures of FEMA, the state, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6.Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. Grantee's Name: Clay Pearson o.b.o. City of Pearland Grantee's Title: City Manager, o.b.o. City of Pearland Grantee's Signature — Date / 32--01-- 1 CERTIFICATE O CKNOWLEDG ENT In the State of Texas, Brazoria Cou bef e, , lskI on this day personally appeared tarso , known to me to be the person whose name is subscrib d to the foregoing 4-page instrument dated January 13, 2021, entitled DEED RESTRICTION—3313 Robinson, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Gi - ly A.. . ► seal of office this '3' day of ollt , 20 . �� (Notary's Signature) Not ry Public,State of Texas .4'av ale., CRYSTAL N ROAN 4 :c c% Notary Public,State of Texas il I � ,� 3 My Commission Expires p �, ,,,�///�P; January 28,2024 1 •,„O,',`°° NOTARY ID 1057222 1 2018015348 DEED Total Pages: 7 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA § That, Ronald E. Stasky and wife, Dorothy A. Stasky, of the County of Brazoria, Texas, (hereinafter referred to as Grantor whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) and for other good and valuable consideration to Grantor paid by the City of Pearland, a political subdivision of the State of Texas, the receipt and sufficiency of which is hereby acknowledged, and by these presents do Grant, Bargain, Sell, and Convey unto the City of Pearland, (hereinafter referred to as Grantee), whose mailing address is 3519 Liberty Drive, Pearland, Texas 77581, its successors and assigns, all that certain tract or parcel of land lying and being situated in Brazoria County, Texas, more particularly described in the Metes and Bounds description labeled Exhibit"A" and more particularly shown in Exhibit "B", which are attached hereto and incorporated herein for any and all purposes. The Property conveyed shall include all right, title and interest, if any, of Grantor in and to, (1) any land lying in a street, road, tollway, accessway or easement (including any drainage or flood control easement) open or proposed, in front of, at the side of, adjoining, or within the Property, (2) the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the Property, (3) all reversionary rights attributable to the Property, and (4) all rights of ingress and egress to the Property by way of open or dedicated roads and streets adjoining the Property. This conveyance is made by Grantor and accepted by Grantee subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights-of-way and easements appearing of record in the Official Public Records of Real Property of Brazoria County, Texas, relative to the Property, but only to the extent the same are applicable to and enforceable against Grantee. 111 1t'2 4- 7 (41kL—) Rev 1.0.2 Parcel Account Project G.F# RECORDER'S MEMORANDUM: At the time of recordation,this instrument was found to be inadequate for the best photographic reproduction because of illegibility,photo-copy,discolored paper,etc.All blackouts, additions and changes were present at the time the instrument was filed and recorded. 2018015348 Page 2 of 7 Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantor, its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all and singular the said premises unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof, subject to reservations from and exceptions to warranty and conveyance described above. Executed this 29 day of i''✓'AgG , 2018. GRANTOR: By: 7c,ti"1' _ j onald E. Stasky tom ; ? By: �(. Dorothy A. Stasky Page 2 of 6 Rev 1.0.2 Parcel Account Project G.F# 2018015348 Page 3 of 7 Acknowledgement THE STATE OF lixAS § COUNTY OF PiC § BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald E. Stasky, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OWFFICE T 2-ei DAY OF March, A.D., 2018. y ,� J q� 1517f ` APPV,,i MARC R LAROCCA N PUBLIC, STATE OF 1' -- N"' ".. r Notary Public,State of Texas --�•.„ ti'7 Comm. Expires 09-28-2021 `",,, l't� Printed Name: C g. LARoc.Ac �i,,,°,�,�� Notary ID 12544626-7 My Commission Expires: o7--213 - 2024 THE STATE OFS § COUNTY OF AiSP12-;5 § BEFORE ME, the undersigned Notary Public, on this day personally appea?ed Dorothy A. Stasky, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF.✓OFICE IS DAY OF March, A.D., 2018. ;-� / r j I // L/ � �",`PY4.„. MARC R LAROCCA NOTARY PUBLIC, STATE OF "17,A,, 24 (gi Notary Public,State of Texas } Comm. Expires 09-28-2021 Printed Name: 12-. A-- %; Notary ID 12544626.7 My Commission Expires: 6?-26-102-4 i Page 3 of 6 Rev 1.0.2 Parcel Account Project G.F# 2018015348 Page 4 of 7 • ACCEPTED BY: The City of +P Hand, a political Subdivision bf e State of Texas • By: Anthony V cquis ' ns anager • Acknowledgement THE STATE OF TEXAS § COUNTY OF c l5 BEFORE ME, the undersigned Notary Public, on this day personally appeared Anthony Vu, Acquisitions Manager of the City of Pearland, a political subdivision of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL:OF OFFICE - IS 2-Y DAY OF March, 2018, A.D., 2018. r- ! -6- NY PUBLIC, STATE OF TEXAS R LARocCA r :pi:•••"• �� ;Nr+tary Public,State of Texas Printed Name: �12l� 42- = My Commission Expires: ,4 - .7.6— 7—S Comm.Expires 09-28.2021 Notary 1D 12544626-7 Page 4 of 6 Rev 1.0.2 Parcel Account Project G.F# 2018015348 Page 5 of 7 EXHIBIT A Lot Thirty-three (33), Block Three (3), TWIN CREEK WOODS, a subdivision in Brazoria County, Texas, according to the map or plat thereof recorded in Volume 8, Page 107 of the Map Records of Brazoria County, Texas, Page 5 of 6 Rev 1.0.2 Parcel Account Project G.F# 2018015348 Page 6 of 7 EXHIBIT B (Permitted Exceptions) • Those contained in instruments recorded in Volume 8, Page 107 of the Map Records of Brazoria County, Texas; in Volume 777, Page 164; County Clerk's File No. 8100085 (Volume 626, Page 85) of the Deed Records of Brazoria County, Texas. • Building setback line, 25 feet in width, along the southerly lot line, as reflected by the plat recorded in Volume 8, Page 107 of the Map Records of Brazoria County, Texas. • Building setback line, 10 feet in width, along the westerly lot line, as reflected by the plat recorded in Volume 8, Page 107 of the Map Records of Brazoria County, Texas. • An easement 5 feet wide along the northerly lot line, and an aerial easement 5 feet wide from a plane 20 feet above the ground upward, located adjacent thereto for the use of public utilities, as reflected by the plat recorded in Volume 8, Page 107 of the Map Records of Brazoria County, Texas. • Mineral and/or Royalty interest as set forth in instrument recorded in Volume 395, Page 187 of the Deed Records of Brazoria County, Texas. Title to said interest was not investigated subsequent to the date of the aforesaid instrument. AFTER RECORDING RETURN TO: Title Houston Holdings 7500 San Felipe, Suite 1020 Houston, TX 77063 • Page 6 of 6 Rev 1.0.2 Parcel Account Project G.F# 2018015348 Page 7 of 7 FILED and RECORDED Instrument Number: 2018015348 Filing and Recording Date: 04/02/2018 01:36:55 PM Pages: 7 Recording Fee: $46.00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas. fkay' ' .- i. q orcidticetssa.meot ' � Joyce Hudman, County Clerk 'hZ . ._�� __.•��.,,, ' Brazoria County, Texas OF 8-t"y ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk-krystal TDEM _• % -Tilt TUNSA6Al UNIVIRSIIYSIMIM - November 22, 2019 Mr. Clay Pearson City Manager City of Pearland 3519 Liberty Drive Pearland, TX 77581 RE: Sub-Grant Award Dear Mr. Pearson: The Texas. Division of Emergency Management(TDEM) has issued a sub-grant for the Hazard Mitigation Grant Program (HMGP). The following is the information related to this award: .Sub-Recipient Information: DUNS Number: 020796397 TINS Number: . 74-6028909 FIPS Number: 039-56348-00 . Award Information: Catalog of Federal Domestic Assistance: 97.039 FEMA Project Number::DR-4332-0283 Project Title: City of Pearland Acquisition Project . Period of Performance (POP): October 28, 2019—May 22, 2022 Total- Federal Federal Share Local .- Local Share Version Date Subgrant Share Amount Share% Amount. Amount 0 10/28/2019 $5,064,214.00 75% . $3,798,160.50. 25% $1,266,053.50 Please Note: This award is not for research or development as defined in 2 Code of Federal Regulations(C.F.R.) § 200.87. The approved Scope of Work(SOW)follows and the terms and conditions of this award are attached. It is important that the sub-recipient read, understand and comply with the SOW and all terns and conditions. It is also vitalthat this information be disseminated to sub-recipient's staff and contractors involved in work related to this project. The Cityjof Pearland;,utilizmg,ipre eventr;falr_. arketw�alue,�wlll acq(ire`twenty two t(a o ere){repetitiyellitied SRL)ar'epetitiVeMlbseIRLyetructyreWflbbdIprone;areas and P.O.Box 15467 Austin,78761 . 24 Hours:512-424-2208,Fax 512-424-2444 Page 2 DR-4332-283 Award Letter ne.��(��1�t),uacant�lot thatxris�in;al entical geograph 40:0atton for th e fioodr mitigation (endeavor Included ln.this,projeef,1B`ylacquirin`g A properties,4ti City will'mitigatezfutur flood'related)losses',Acquired land will be cleared and shall be dedicated in perpetuity y as open space,for the conservation of natural floodplain functions in accordance with 44 C.F.R. § 80.17. This award is pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Section 404, and 44 C.F.R. § 206.434. Properties that have been approved as components in this project's SOW are listed below. TDEM will ensure duplications of benefits are deducted prior to closings. 'Property _ :PropertytAddress. Latitude Longitude 1 1107 UNION VALLEY DR 29.594023 -95.277206 2 3102 GLASTONBURY DR 29.593039 -95.268913 3 3108 BISHOPTON DR 29.593237 -95.269608 4 3114 BISHOPTON DR 29.593029 95.270302. 5 3313 ROBINSON DR 29.593600 -95.273239 6 3413 MEADOWVILLE DR 29.593578 -95.275070 7 3422 LETHBRIDGE.ST 29.591503 -95.275177 8 1121 ROBERT ST 29.592819 -95.280731 9 1140 GLENDA ST 29.593599 -95.282097 10 3511 KNAPP RD 29.591331 -95.279503 11 1916 SLEEPY HOLLOW DR 29.556456 -95.234558 12 2205 SLEEPY HOLLOW DR 29.560268 -95.237534 13 2604 SLEEPY HOLLOW DR 29.560760 -95.238530 14 2617 GREEN TEE DR 29.560787 -95.241577 15 2701 GREEN TEE DR .29.560682 -95.241905 16 2625 GARDEN RD 29.560789 -95.320107 17 3003 LIVINGSTON DR 29.553394 -95.304489 • 18 5106 CARMONA LN 29.557203 -95.300140 19 5603 WOODVILLE LN 29.553886 -95.305168 20 6821 MEADOW LN 29.540503 -95.325874 21 4710 COMAL ST 29:584869 -95.296654 22 5104 RYAN ACRES DR . 29.547464 -95.299690 23 3306 GLASTONBURY DR 29.591383 -95.273117 ,ti 1-- f (HMGP�funds;cannot duplkate funds`reoiVed,by or,•�availablei to)Rec_ip a t,;or,.S b,) I�t ecip ent0i-,omvOtherlsourceitirEthe Weitlurpose, Examples of other sources include insurance claims, other assistance programs, legal awards; or other benefits associated • { Page 3 DR-4332-283 Award Letter with properties or damage that are subject of litigation.The Recipient, sub-recipient, and property owner must identify any potential Duplication of Benefits (DOB). FEMA deducts benefits from other sources from the purchase offer. Repair assistance that has been used for its intended purpose is generally not deducted if documentation of the use is provided. Documentation of DOB consideration must be provided at time of closeout. In accordance.with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01; Categorically.Excluded (CATEX) N3, FEMA concludes that the above mentioned project is categorically excluded from the National Environmental Policy Act(NEPA) requirement to prepare further environmental documentation. No extraordinary conditions in accordance with DHS Instruction 023-01-001-01 exist involving this project. Signing and returning this award letter indicates sub-recipient's acceptance of the scope of work of the sub-award, the ability to pay the local cost share and all grant terms and conditions outlined in the attached documents. The sub-recipient must ensure that: • 1. The initial quarterly progress report for the project is submitted at the end of the approving quarter. Please include the project number(provided above)in your future quarterly reports. Note that 44, C.F.R. § 206.438(c) indicates the State must provide a quarterly progress report to FEMA indicating the status and completion date for each project funded.The report must include any problems or circumstances affecting completion dates, SOW, or project cost that may. • result in non-compliance with the approved grant conditions. 2. in accordance with HMGP rules and policy, TDEM requires the submittal of all closeout documentation within 90-days of-the project completion not to exceed the POP.The Governor's Authorized Representative.(GAR)"shall certify that reported costs were incurred in the performance of eligible work, that the approved work was completed andthat the mitigation measure is in compliance with the provisions of the FEMA-State Agreement' in accordance with 44 C.F.R. § 206.438(d). If changes are needed to.the SOW for the sub-award, period of performance or costs associated to the sub-award, the sub-recipient should immediately contact TDEM. No change to the sub-award will be considered approved until the sub-recipient is notified in writing by TDEM. • This signed and dated award letter and attached grant terms and conditions must be returned-to TDEM before payment on the sub-award'can be processed. Your signature is required on both the last page of the award letter and the last page of the attached • . . i Page 4 DR=4332-283 Award Letter grant terms and conditions. Please sign, date, and return both the award letter along with the attached grant terms and conditions acknowledging acceptance of this sub- award to the address below: Texas Division of Emergency Management P.O. Box 15467 Austin, TX 78761 12- / 9— Iq City of Pear an City Manager Date Should you ish to appeal any determination related to this sub-award you must do so within 60 days of receipt of the notice of the action.You will need to provide your appeal with any documentation supporting your position to your assigned TDEM project officer within the allotted time. If you have any questions please contact your Grant Coordinator, Charles Reagan at 512-940-6785 or charles.reaganatdem.texas.gov Respectfully, W. Nim Kidd, MPA, CEM® . Chief-Texas Division of Emergency Management Vice Chancellor for Disaster and Emergency Services The Texas A&M University System ATTACHMENTS: Grant Terms and Conditions Record of Environmental Considerations cc: Robert Upton,Director of Engineering & Capital Projects. Joel Hardy, Grants &Special Programs Administrator . GRANT TERMS AND CONDITIONS This Grant Agreement (consisting of these terms and conditions and all exhibits) is made and entered into by and between the Texas Division of Emergency Management(TDEM), an _ agency of the State of Texas, hereinafter referred to as"TDEM,"and the grant recipient, CITY OF PEARLAND, hereinafter referred to as the"Subrecipient." Furthermore, TDEM and the Subrecipient are collectively hereinafter referred to as the "Parties."All subawards made under this grant agreement are subject to the same terms and conditions below. Subrecipient may not assign or transfer any interest in this Grant without the express, prior written consent of TDEM and DHS/FEMA. a.The term Recipient and pass-through entity have the same meaning as"Grantee,"as used in governing statutes, regulations, and DHS/FEMA guidance. b.A Recipient is also a"non-federal entity"for grants administration purposes. c. A Subrecipient is also known as a"Subgrantee" as used in governing statutes regulations and DHS/FEMA guidance. d.A Subrecipient is also a"non-federal entity"for grants administration purposes. e. The"Grant'referred to in this agreement is a subgrant to the Subrecipient passed thru from TDEM to the Subrecipient. j f. Certifying Official will be the Mayor, Judge, or Executive Director authorized to execute these grant terms and conditions, and to submit changes of Subrecipient Agents. f. Projects and any subsequent versions for those projects accepted by the Subrecipient and subsequently obligated or deobligated by DHS/FEMA are considered subawards to this grant agreement. A. Standard of Performance. Subrecipient shall perform all activities as approved by TDEM. Any change to•a project shall receive prior written approval,by TDEM and, if required, by FEMA. Subrecipient'shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 3 1. Assurances—Non-Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances—Construction Programs, hereinafter.referred to as"Exhibit 8" 3. Certifications for Grant Agreements, hereinafter referred to as"Exhibit C" 4. State of Texas Assurances, hereinafter referred to as"Exhibit D" 5. Environmental Review Certification, hereinafter referred to as "Exhibit E" 6. Additional Grant Conditions, hereinafter referred to as"Exhibit F" 7. Additional Grant Certifications, hereinafter referred to as"Exhibit G" 8. Request for Information and Documentation referred to as"Exhibit H" B. Failure to Perform. In the event Subrecipient fails to implement and complete the project(s) approved and awarded, or comply with any provision of this Grant, Subrecipient shall be liable to TDEM for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds Page 1 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS or any other grant program funds administered by TDEM until repayment to TDEM is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement and complete projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by TDEM. C. Funding Obligations. TDEM shall not be liable to Subrecipient for any costs incurred by Subrecipient that are not allowable costs: 1. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by TDEM under this Grant shall not exceed the total cumulative award amounts listed on the Subawards (projects and subsequent versions). 2. Subreciplent shall contribute the match funds listed on the subaward. Subrecipient shall refund to TDEM any sum of these Grant funds that has been determined by TDEM or DHS/FEMA to be an overpayment to Subreciplent or that TDEM determines has not been spent by Subrecipient in accordance with this Grant. No refund payment(s) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Subrecipient shall make such refund to TDEM within thirty(30) calendar days after TDEM requests such refund D. Performance Period. The performance period for this Grant is listed on the subaward letter for each project. All projects shall be completed within the performance period AND all reimbursement requests shall be submitted to TDEM wiihin 60 days of the end of the performance period, Subrecipient shall have expended all Grant funds and submitted reimbursement requests, invoices and any supporting documentation to TDEM within 60 days of the end of the performance period.TDEM shall not be obligated to reimburse expenses incurred after the performance period or submitted after the deadline. E. Uniform Administrative Requirements. Cost Principals and Audit Requirements. Except as specifically modified by law or this Grant, Subrecipient shall administer this Grant through. compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non-exclusive list is provided below [not all may apply In every projects]: • Public Law 93-288, as amended (Stafford Act) • 44 CFR, Emergency Management and Assistance • Disaster Mitigation.Act of 2000 • OMB Regulations 2 CFR, Grant and Agreements • Executive Order 11988,Floodplain Management •. Executive Order 11990, Protection of Wetlands • Executive Order 12372, intergovernmental Review of Programs and Activities • Executive Order 12549, Debarment and Suspension • Executive Order 12612, Federalism • Executive Order 12699, Seismic Design • Executive Order 12898, Environmental Justice • Coastal Barrier Resources Act, Public Law 97-348 • Single Audit Act, Public Law 98-502 I • Sandy Recovery Improvement Act publications Pane 2 of 20 + TDEM-September 2019 GRANT TERMS AND CONDITIONS • 16 U.S.C. §470, National Historic Preservation Act • 1.6 U.S.C. § 1531, Endangered.Species Act References • FEMA program publications, guidance and policies F. State Requirements for Grants. Subrecipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, (UGMS) at: http://www.window.state.bc.us/procurement/catrad/uqms.pdf and the.program State Administrative Plan, available at: https://orants.tdem.texas.gov Subrecipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant and the approved application.. . Grant funds may not be awarded to or,expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the.institution's academic mission that is not conducted for the benefit of a particular candidate or party. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: 1. Texas 'General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; 2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for. office, influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose,: and using Grant funds to influence the passage: or defeat of legislation including not assisting with the funding of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; . 3. Texas Government Code Sections 2113.012, and 2113.101, which prohibits using , Grant funds to compensate any employee who uses alcoholic beverages on active duty and Subrecipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel:expense for an alcoholic beverage; 4. Texas General Appropriations Act, Art: IX, Section 6.13, which requires Subrecipient to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements;'and 5. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grant may only be expended if Subrecipient timely completes and files its reports. • , G. Restrictions and General Conditions. 1. Use of Funds. DHS/FEMA Grant funds may only be used for the purposes set forth In this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Page 3 of 20. TDEM—September 2019 GRANT TERMS AND CONDITIONS Federal funds may not be used to sue the Federal government or any other government entity. 2. Federal Employee Prohibition..Federal employees'are prohibited directly benefiting from. any funds under this Grant. 3. Points of Contacts. Within 10 calendar days of any change, Subrecipient shall notify TDEM of any change in designated of Subrecipient Agents as submitted during the execution of this agreement, and any subsequent changes submitted by Subrecipient. In the event a Subrecipient hires a consultant to assist them with managing its Public Assistance grants, they must be listed oh the Designated Subrecipient Agent Form. TDEM will direct all correspondence to the Subrecipient but will cc: the consultant on all email exchanges. The Subrecipient will be responsible ..for sharing written communications with the consultant. The Subrecipient.will remain the primary point of contact and must be included in all decision making activities. . 4. DUNS Number. Subrecipient confirms its Data Universal Numbering Systems (DUNS) . Number is accurate and is registered on Sams.gov. The DUNS Number is the nine digit. number established and assigned by Dun. and Bradstreet,. Inc., at 866/705-5711 or http://fedeov.dnb.com/webform 5. Central Contractor Registration and Universal Identifier Requirements.' Subrecipient maintains that it has registered on. the System for Award Management (SAM) at www.sam.00v.or other federally established site for contractor registration, and entered TDEM-required information. Subrecipient shall keep current, and then review and update -the information at least annually. Subrecipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial.report or receives final Grant award payment. Subrecipient agrees that it shall not make any subaward agreement or contract related to, this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section §200.32 of OMB 2 C.F.R. 6. Reporting Total Compensation of. Subrecipient Executives. 2 ,C.F.R. §200.331; see FEMA Information Bulletin 350. a: Applicability and what to -report: Subrecipient shall report whether Subrecipient received $25 million or more in Federal procurement contracts or:financial assistance: subject to the Transparency Act per 2.C.F.R. §200,331. Subrecipient shall report whether 80% or more of Subrecipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Subrecipient answers "yes" to both questions, Subrecipient shall report, along with Subrecipient's DUNS number,. the names and total compensation (see 17 C.F.R. §229402(c)(2)) for each of Subrecipient's five most highly compensated executives for the preceding completed fiscal year. b. Where and when to report: Subrecipient shall report executive total compensation at www.sam:gov or other federally established replacement site. By signing this Grant, Subrecipient certifies that, if required, Subrecipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Subrecipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number: 7. Debarment and Suspension. Subrecipient shall comply with Executive Order 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or Page 4of20 . TDEM—September 2019 } } GRANT TERMS AND CONDITIONS suspending those persons deemed irresponsible in their dealings with the Federal government. 8. Direct Deposit. A completed direct deposit form from Subrecipient shall be provided to TDEM, prior to receiving any payments under the provisions of this grant. The direct deposit form is currently available at grants.tdem.texas.gov under Resources/Public Assistance. 9. Property Management and Inventory. 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. Site Visits. DHS/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 DHS/FEMA on the premises of Subrecipient or a contractor under this Grant, Subrecipient shall provide and shall 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. H. Procurement and Contracting. I 1. Procurements. 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 Grant in accordance with 2 C.F.R. 200. 318-326 and Appendix II to Part 200 (A-C)and (E-J) 2. Contract Provisions. All contracts executed using funds awarded under.this Grant shall contain the contract provisions listed under 2 C.F.R. 200.326 and Appendix II (A), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3. Procurement activities must follow the most restrictive of Federal, State and Local procurement regulations: j a. Procurement by micro purchase . f b. Procurement by small purchase c. Procurement by sealed bid d. Procurement by competitive proposal e. Procurement by non-competitive proposal, solely when the award of a contract is unfeasible under the other methods The State must be contacted for approval to use a noncompetitive procurement method. 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. . E Page 5 of 20 TDEM—September 2019. GRANT TERMS AND CONDITIONS The cost plus a percentage of cost and percentage of construction cost methods of contracting are ineligible. Must perform cost/price analysis for every procurement action in excess of the Simplified Acquisition Threshold. Mut negotiate profit as a separate element where required. 4. Evidence of non-debarment for vendors must be documented through, http://www.sam.pov/portal/public/SAM and . . http:/lwww.window.state.tx.us/procurementlprop/vendor performance/debarred/ and submitted for review. 5. Comply with.rules related to underutilized. businesses (small and minority businesses, women's enterprises and labor surplus firms) at 2 CFR 200.321 I. Monitoring, Subrecipient will be monitored periodically by federal,state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program-related criteria are met. TDEM, or its authorized representative, reserves the right to perform periodic desk/office- based and/or on-site monitoring:of Subrecipient's compliance with this Grant and of the adequacy and timeliness of Subrecipient's performance pursuant to this Grant. 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 and shall include requirements for the timely correction of such deficiencies by Subrecipient. Failure by Subrecipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. J. ,Audit. 1. Audit of Federal and State Funds. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act(OMB 2 C.F.R. 200.501, formerly A-. 133). Subrecipient shall comply, as applicable, with'Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. 2. Right to Audit. Subrecipient shall. give the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (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 Grant funds received and performances rendered under this Grant. Subrecipient shall permit TDEM or its authorized representative to audit Subrecipient's records. Subrecipient shall provide any documents, materials or information necessary to facilitate such audit. .. . 3. Subrecipient's Liability for Disallowed Costs. Subrecipient understands and agrees that it shall be 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 Page 6 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS from funds that were not provided or otherwise made available to Subrecipient pursuant I . to this Grant or any other federal contract. 4. •Subrecipient's Facilitation of Audit. Subrecipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as TDEM=may require of Subrecipient. Subrecipient shall 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. 5. State Auditor's Clause. Subrecipient understands that acceptance of funds under this Grant 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 in the conduct of the audit or investigation, including providing all records requested. Subrecipient shall 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 shalt 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 Grant. K. 'Retention and Accessibility of Records. 1. Retention of Records. Subrecipient shall follow its own internal retentaion policy, or the state's retention policy, whichever is stricter. At a minimum, the subrecipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable. •OMB 2 C.F.R. Subpart D -= Post Federal Award Requirements, §200.333-337, and this Grant. 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, any litigation, dispute, or audit. Records, shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or TDEM may direct Subrecipient to retain documents or to transfer certain records to DHS/FEMA custody when DHS/FEMA determines that the records possess long term retention value. 2. Access to Records. Subrecipient shall give the United States Department of Homeland Security, 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 Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Subrecipient. i L. Changes, Amendments, Suspension or Termination 1. Modification. DHS/FEMA or TDEM may modify this Grant 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- Grant. Any alteration, addition, or deletion to this Grant by Subrecipient is not valid: 2. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws, regulations or policy are automatically incorporated into this Grant without written amendment to this Grant I. and shall,become effective upon the date designated by such law or regulation. In the event DHS/FEMA'or TDEM determines that changes are necessary to this'Grant after an award has been made, including changes to theperiod;of performance or terms and conditions, Subrecipient shall be notified of the changes in writing. Once notification has Page 7 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS been made, any subsequent request for funds will indicate Subrecipient's acceptance of the changes to this Grant. 3. Suspension. In the event Subrecipient fails to comply with any term of this Grant, TDEM may, upon written notification to Subrecipient, suspend this Grant, in whole or in part, withhold payments to Subrecipient and prohibit Subrecipient from incurring additional obligations of this Grant's funds. 4. Termination. TDEM shall have the right to terminate this Grant, 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 term of this Grant. TDEM.shall provide written notice of the termination and Include: a. The reason(s)for such termination; b. The effective date of such termination; and c. In the case of partial termination,the portion of this Grant to be terminated. d. Appeal may be made to the Deputy Chief of the Texas Division of Emergency Management- Recovery&Mitigation. M. Enforcement. If Subrecipient materially fails to comply with any term of this Grant, 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 DHS/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 l 2. Require all payments as reimbursements rather than advance payments 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 DHS/FEMA to wholly or partially de-obligate funding for a project 6. Temporarily withhold cash payments pending correction of the deficiency by subrecipient or more severe enforcement action by TDEM or DHS/FEMA; 7. Withhold further awards for the grant program 8. Take other remedies that may be legally available In taking an enforcement action, TDEM will' provide Subrecipient an opportunity for a hearing, appeal, or other administrative proceeding to which Subrecipient Is entitled under any statute or regulation applicable to the action involved. i The costs of Subrecipient resulting from .obligations incurred by Subrecipient during a suspension or after termination of this Grant are not;allowable unless TDEM or DHS/FEMA expressly authorizes them in the notice of suspension or termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: • • The costs result from obligations which were properly incurred by Subrecipient before . the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non-cancellable; and . • The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Subrecipient from being subject to "Debarment and Suspension" under E.O. Page S of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS 12549. 2 C.F.R., Appendix II to Part 200, (I) N. Conflicts of Interest. The subrecipient will maintain 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 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. O. Closing of this Grant. TDEM will close each subaward after receiving all required final documentation 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. At the completion and closure of all Subrecipient's projects (subawards), TDEM will request the Subrecipient to Certify the completion of all projects (subawards) in accordance of the. I grants terms and conditions to state there are no further claims under this subgrant The closeout of this Grant does not affect: 1. DHS/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, 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 Grant that impose continuing obligations on Subrecipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. P. Noticed All notices and other communications pertaining to this agreement shall be delivered in electronic format and/or writing and shall be transmitted by fax, e-mail, personal hand-delivery (and receipted for) or deposited in the United.States Mail, as certified mail, return receipt requested and postage prepaid, to the other party: . i It • f Page 9 of 20. TDEM—September 2019 .. l • • • • GRANT TERMS AND-CONDITIONS • • • EXHIBIT A ASSURANCES . NON-CONSTRUCTION PROGRAMS See Standard Form 424B . As the'duiy authorized representative of Subrecipient,I certify that Subrecipient 1. Has the legal authority to apply for Federal assistance and the Institutional, program and to purchase flood Insurance If the total cost of Insurable managerial and financial capability(including funds suffident to,pay the non- construction and acquisition Is$10,000 or more. .. Federal share of project cost)to ensure proper planning,management and - • completion.of the project described in this Grant. 11. Will comply with environmental•standards which may be prescribed pursuant. to the following: (a) Institution of environmental quality control measures 2. Will give the Department of Homeland Security, the Texas Division of under the National Environmental Policy Act of 1969 (P.L. 91-190 as Emergency Management,the Comptroller General of the.United States and, amended by42 U.S.C.4311 et seq.and Executive Order(EO)11514)which If appropriate,the.State, through any authorized representative,access to establishes national policy goals and procedures to protect and enhance the and the right to examine at records,books,papers,or documents related to ..environment,Including protection against natural,disasters..To comply with this Grant and wilt establish a pmper accounting system In accordance with NEPA for DHS grant-supported activities, DHS-FEMA requires the • generally accepted accounting standards or agency directives. . - • • environmental aspects to be reviewed and evaluated before final action an . the application;(b)notification of violating facilities pursuant to..O 11738; ;. 3. Will establish safeguards to prohlbit'employees from using their positions for . (n) protection of wetlands pursuant'to EO 11990; (d) evaluation of flood • a purpose that.constitutes or presents the appearance of personal or hazards in iloodplains In accordance with EO 11988; (e) assurance of organizational conflict of Interest or personal gain. .project consistency with the approved .State management program. developed under the Coastal Zone Management Act of 1972 (16 U.S.C. - . 4. WI!Initiate and complete the work within the applicable time frame after §§1451 et seq.); (f)comply with the Clean Atr Act of 1977, (42 U.S.C. receipt of approval of the awarding.agency. §§7401 et crag.and Executive Order 11738)providing for the protection of • . and enhancement of the quality of the nation's air resources to promote 5. Will comply with tho Intergovernmental Personnel Act of 1970(42 U.S.C. public health and welfare and for restoring and maintaining the chemical, §§4728-4763) relating to prescribed standards for merit systems for - physical, and biological integrity of the nation's.waters; (g) protection of .. . programs funded under one of the 19 statutes or regulations specified In underground sources of drinking water under the Safe Drinking Water Act of • Appendix A of OPM's Standards:for a Mery System of Personnel 1974,as amended(P.L.93-523);and,(t)protection of endangered spades Administration(5 C.F.R.900,Subpart F). under the Endangered Species Act of 1973,as amended(P.L.93-205). 6. WII comply with ail Federal statutes relating to nondiscrimination.These . 12. WIII comply with the Wild and Scenic.Rivers Act of 1968(16 U.S.C.§§1271 et - Include but are not limited to:(a)Title Vi of the Civil Rights Act of 1064(P.L. seq.) related to protecting.components or-potential components of the ' .88-352)which prohibits discrimination on the basis of race,color or national national wild and scenic rivers system. origin;(b)Title IX of the'Education Amendments of 1972,as amended(20 . . i. U.S.C.§§1681-1683,and 1685-1686 and 44 C.F.R.Part 19),which prohibits 13. Will assist the awarding agency in assuring compliance with Section 106 of discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act the National Historic Preservation Act of 1966,as amended(18 U.S.C. • of 1973,as amended(29 U.S.C.'§794),which prohibits discrimination on the §470),EO 11593(identification and protection of historic properties),and the . basis of handicaps;(d)the Age Discrimination Act of 1975,as amended (42 ' Archaeological and Historic Preservation Act of 1974(18 U.S.C.§§469a-1 et U.S.C.§§6101-6107),which prohibits discrimination on the basis of age;(e) seq.). . the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-256), as • • amended,relating to nondiscrimination on the basis of drug abuse;(0 the 14. Will comply:with P.L 93-348,45 C.F.R.46,and DHS Management Directive . Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and 026-044(Directive)regarding the protection of human subjects Involved in Rehabilitation Act of 1970 (P.L. 91.616), as amended,• relating to research, development, and related activities supported by this Grant. - nondiscrimination on the basis of alcohol abuse or alcoholism;(g)§§523 . "Research" means a systematic Investigation, including research, _ and 527 of the Public Health Service Act of 1912(42 U.S.C.§§290dd3 and , development,testing,and evaluation designed to develop or contribute to : 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse 1 general.knowledge. See Directive for additional provisions for including / patient records; (h)Title VIII of the Civil Rights Act of 196E (42 U.S.C. humans In the womb,-pregnantwomen,and neonates(Subpart B);prisoners §§3601 et seq.),as amended,relating to nondiscrimination In the safe,rental (Subpart C); and children (Subpart D). See also.state and local law for or financing of housing; (I) any other nondiscrimination provisions in the research using:autopsy materials. - 1 Specific statute(s)under which agreement for Federal assistance is being • . • ' made; and (I)the requirements'of any.other nondiscrimination statute(s) 15. Will comply with'the Laboratory Animal Welfare Act of 196fi(P.L.89-544,as which may apply to the application. . • amended,'/U.S.C.§§2131 et seq.)which requires the minimum standards ' • . of care and treatment for vertebrate animals bred for commercial sale,used • 7.. Will comply or has already compiled with the requirements of Titles II and ill in research,transported commercially,or exhibited to the public according to of the Uniform Relocation Assistance and Real Property Acquisition Policies ' the' Guide for'Care and Use of Laboratory.Animals and Public Health . Act of 1970(P.L.91-646)which provide for fair and equitable treatment'of • ' Service Policy and Government Principals Regarding the Care and Use of . . • persons displaced or whose property is acquired as a result of Federal or Animals. federally-assisted programs,These requirements apply to all interests In real • • property acquired for project purposes regardless Of Federal participation in • ' purchases, - ' • 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• : 8. Will comply,as applicable,with provisions of that-latch Act(5 U.S.C.§§1501- • or rehabilitation of residence structures. ' 1508 end•7324-7328)which Umit the political activities of employees whose ' - principal employment activities are funded in whole nr In part with Federal 17. Will cause to be performed the required financial and compliance audits in funds. accordance with rho Single Audit Act Amendments of 1996 and OMB ' Circular No.A-133(now OMB 2 C.F.R. 200.500),"Audits❑f States,Local 9. Will comply,as applicable,with the provisions'of the Davis-Bacon Act(40 Governments,and Non-Profit Organlzattons." U.S.C. §§276a to 278a-7),the Copeland Act(40 U.S.C. §276c and 18 • U.S.C.§874),and the Contract Work HMIs and Safety Standards Act(40 - U.S.C. §§327-333), regarding labor standards for federally-assisted 18. Will comply with ail applicable requirements of all other Federal laws, construction sub-agreements. executive orders, regulations,grant.guidance, and policies governing:this Grant. - 10. Will comply,if,applicable, with flood insurance purchase requirements of . Section 102(a)of the Rood.Disaster Protection Act of 1973(P.L.93-234) • which requires recipients in a special flood hazard area to participate In the ,. . Page 10 of 20 1 i TDEM—September 2019 - GRANT TERMS AND CONDITIONS EXHIBIT B . ASSURANCES -CONSTRUCTION PROGRAMS See Standard Form 424D - As the duly authorized representative of Subrecipient,I certify that Subrecipient: i. Has the legal authority to apply for Federal assistance, and the requirements of any other nondiscrimination statue(s)which may apply Institutional, managerial end financial capability (including funds to the agreement. sufficient to pay the non-Federal share of project costs) to ensure proper planning,management and completion of project described in 11. Will comply or has already compiled with the requirements of Titles II this Grant. and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(P.L.91.646)which provide for fair and 2. WIII give the Department of Homeland Security,the Texas Division of equitable treatment of persons displaced or whose property is acquired Emergency Management,the Comptroller General of the United States as a result of Federal and federally-assisted programs. These and, if appropriate,the State,the right to examine all records,books, requirements apply to all interests in real property acquired for project papers,or documents related to this Grant and will establish a proper purposes regardless of Federal participation in purchases. • accounting system in accordance with generally accepted accounting standards or agency directives. 12. Will 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 3. Will not dispose of,modify the use of,or change the terms of the real principal employment activities are funded in whole or in part with property title or other interest in the site and facilities without permission Federal funds. and instructions from the awarding agency. Will record the Federal 13. Will comply,as applicable,with the provisions of the Davis Bacon Act. ar rog agency directives wholeh and will Includert witha covenant ins the titlef of (40 U.S.C. 276a to 276a-7),the Copeland Act(40 U.S.C.§276c and real• property acquired imd i linu during ngit part useful Federal thl Grant. funds 8 U.S.C.§874),and the Cntract Work Hours nd Safety tandards to assure nondiscrimination during the life of this Grant. Act(40 U.S.C. §§327-333) regarding labor standards for federally- 4. Will comply with the requirements of the assistance awarding agency assisted construction sub-agreements. with regard to the drafting, review and approval of construction plans 14. Will comply with flood insurance purchase requirements of Section and specifications. 102(a)of the Flood Disaster Protection Act of 1973(P.L.93-234)which 5. WM provide and maintain competent and adequate engineering requires recipients In a special flood hazard area to participate in the supervision at the construction site to ensure that the complete work program and to purchase flood insurance if the total cost of insurable conforms with the approved plans and specifications and will furnish, construction and acquisition Is$10,000 or more. progressive reports and such other information as may be required by 15. Will comply with environmental standards which may be prescribed the awarding agency or State. pursuant to the following:(a)institution of environmental quality control 6. Wlil initiate and complete the work within the applicable time frame'after measures under the National Environmental Policy Act of 1969 (P.L. receipt of approval of the awarding agency. , 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 7. Will establish safeguards to prohibit employees from using their protect and enhance the environment,, Including protection against positions for a purpose that constitutes or presents the appearance of natural disasters; (b)notification of violating facilities pursuant to EO personal or organizational conflict of interest or personal gain. 11738;(c)protection of wetlands pursuant to EO 11990;(d)evaluation 8. Will comply with the Intergovernmental Personnel Act of 1970(42 of flood hazards in floodpleins In accordance with EO 11988; (o) U.S.C.§§4728-4763)relating to prescribed standards of merit systems assurance of project consistency with the approved State management for programs funded under one of the 19 statutes or regulations program developed under the Coastal Zone Management Act of 1972 specified in Appendix A of OPM's Standards for a Merit System of (16 U.S.C.§§1451 et seq.);(f)comply with the Clean Air Act of 1977, Personnel Administration(5 C.F.R.900,Subpart F). (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 9. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 resources to promote public health and welfare and for restoring and . U.S.C.§§4801 et seq.)which prohibits the use of lead-based paint in , maintaining the .chemical, physical, and biological'integrity of the construction or rehabilitation of residence structures. 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); 10. Will comply with all Federal statute's relating to nondiscrimination. and, (h) protection of endangered species under.the Endangered These include but are not limited to:(a)Title Vi of the Civil Rights Act of Species Act of 1973,as amended(P.L.93-205). 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 16. WIII'comply with the Wild and Scenic Rivers Act of 1968(18 U.S.C. . 1972, as amended (20 U.S.C. §§1881 1683,and 1685-1686 and 44 §§1271 et seq.) related to protecting components or potential C.F.R. Part 19),which prohibits discrimination on the basis of sex;(c) components of the national wild and scenic rivers system. Section 504 of the Rehabilitation Act of 1973,as amended(29)U.S.C. 17. Will.assist the awarding agency in assuring compliance with Section §794),which prohibits discrimination on the basis of handicaps;(d)the 106 of the National Historic Preservation Act of 1966,as amended(16 Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101 6107), U.S.G. §470), EO 11593 (Identification and protection of historic which prohibits discrimination on the basis of age;(e)the Drug Abuse properties), and the Archaeological and Historic Preservation Act of Office and Treatment Act of 1972(P.L.92-255),as amended relating to 1974(16 U.S.C.§§469a-1 et seri). 1 nondiscrimination on the basis of drug abuse;(f)the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment. and 18. Will cause to be performed the required financial and compliance audits rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to In accordance with the Single Audit Act Amendments of 1996 and OMB nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Circular No.A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. Local Governments,and Non-Profit Organizations." §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil Rights 19. Will comply with all applicable requirements of all other Federal laws, Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to executive orders, regulations, grant guidance and policies governing . nondiscrimination In the sale, rental or financing of housing; (I) any this Grant. other nondiscrimination provisions In the specific statue(s)under which agreement for Federal assistance Is being made; and a) the • Page 11 of 20 • TDEM—September 2019 GRANT TERMS AND CONDITIONS Exhibit C Certifications for Grant Agreements The undersigned,as the authorized official,certifies the following to the best of his/her knowledge and belief. A. 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. B. 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-LLL Disclosure of Lobbying Activities,in accordance with its instructions. C. 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 was placed 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 subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. D. 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: 1. Are not debarred,suspended,proposed 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. Subrecipient can access debarment information by going to www.sam.00v and the State Debarred Vendor List at:- www.window.state.tx.us/procurement/proolvendor performance/debarred. 2 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, making false statements, or,receiving stolen property; a Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(D)(2)of this certification; 4. 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 a 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). E. 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. F. 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. G Subrecipient willcomply with the Drug-free Workplace Act,in Subpart B of 2 C.F.R.Part 3001. H 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-129 and form SF-424, item number 17 for additional information and guidance. . I. 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. J. Subrecipient understands that failure to comply with any of the above assurances may result in suspension,termination or reduction of funds in this Grant. Page 12 of 20 TDEM—.September2019 GRANT TERMS AND CONDITIONS EXHIBIT D State of Texas Assurances As the duly authorized representative of Subrecipient,I certify that Subreclpient: 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Subreciplent'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 Subreclpient 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 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 revoked 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, or shall 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 Subreciplent is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall fellow 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 insure that all terms, conditions, and specifications are met. (See UGMS Sectloh_.36 for additional guidance on contract provisions). 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 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 1885-1686),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 certain testing entitles,44 U.S.C.§§1 21 01-1 221 3;(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; (f) 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(1)the requirements of any other nondiscrimination statute(s)which may apply to this Grant. j 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. §§7321-29),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. Page 13 of 20 TDEM—September 2019 . GRANT TERMS AND CONDITIONS 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)Implem entation Plans under Section 176(c)of the Clear Alr Act of 1955,as amended(42 U.S.C.§§7401 et seq.);(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). 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 of seq.). 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 commer cially,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 Thing all required state and federal taxforms. 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 athttns://www.sam.cov/aortal/eubiic/SAM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the,Texas Department of Health as required by the Texas Health and Safety Code,Ann.,Sec.85.001,et seq. • Page 14 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS EXHIBIT E Environmental Review I As the duly authorized representative of Subreciplent,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 FEMA's 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 passible 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 EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01.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 - Floodpiain 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 E permits and clearances. 5.. 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 security enhancements 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 FEMA'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 FEMA and the appropriate State Historical Preservation Office. is Page 15 of 20 TDEM-September 2019 GRANT TERMS AND CONDITIONS EXHIBIT F Additional Grant Conditions 1. Additional damage requiring a new Public Assistance project to be written must be reported within 60 days following the Project Scoping meeting with the State- Federal team. 2. All work must be done prior to the approved project completion deadline assigned to each Project (POP). 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. The reason for an extension must be based on extenuating circumstances or unusual project requirements that are beyond the control of your jurisdiction/organization. Failure to submit a time extension request 60 days prior,to the end of the period of performance may result in reduction or withdrawal of federal funds for approved work. • 3. Any significant change to a projects approved Scope of Work must be reported and approved through TDEM and FEMA before starting the project. Failure to do so will jeopardize- grant funding. The Subrecipient shall submit requests for cost overruns requiring additional obligations to TDEM, who will forward to FEMA for review and approval prior to incurring costs. • 4. The Project'Completion and Certification Report must be submitted to TDEM within 60 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, or Duplication of , Benefits form certifying other funds were received to complete the project. . 5. A cost overrun appeal on small ($128,900) Public Assistance projects must be reported to the Texas Division of Emergency Management (TDEM)within 60 days of completing the last small project in order to be considered for additional funding. . 6. Appeals may be filed on any determination made by FEMA or TDEM. All appeals must be submitted to TDEM within 60 days from receiving written notice of the action you wish to appeal. Should you wish to appeal a determination contained in the project application, the 60 days will start the day the application is signed. Appeals for Alternative Projects will be subject to the terms of the signed agreement for the Alternative Project. 7. Public Assistance program projects will not receive funding until all of the requirements identified in the comments section of the Project Worksheet are met. 8. You may request a payment of funds on projects by initiating.a Request for Reimbursement (RFR) in TDEM's Grant Management System (GMS) or an Advance of Funds Request (AFR), and including documentation supporting your request. Small Public Assistance projects are paid upon obligation and will be Initiated by TDEM personnel. Payments;for open projects must be requested at least quarterly 'if expenditures have been made in that quarter: 9. Subrecipients will be required to submit quarterly project reports (QPR) for, open large projects using TDEM's GMS. Your assigned Grant Coordinator will coordinate.the due date for your specific reporting. Public Assistance program small projects are typically exempt from quarterly reporting, however TDEM reserves the right to require QPRs on any smalls requiring a POP extension. The first quarterly report will be due at the end of the first full quarter following the quarter in which the project was obligated. No quarterlies are required for projects that Subrecipient has initiated a closeout request and has provided a certificate of completion: Failure to submit required quarterly reports for two or more quarters can result in withholding or deobligation of funding for Subrecipients until:all reports are submitted and up-to-date. `• Page 16 of 20 TDEM—September 2019 . I GRANT TERMS AND CONDITIONS 10.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. A copy of the Single Audit must be submitted to your cognizant State agency or TDEM within nine months of the end of the subrecipient's fiscal year. Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter f. must be sent to TDEM certifying to this. 11.Subrecipients will not make any award to any party which is debarred or suspended, or is otherwise excluded from participation in the Federal assistance programs (EO 12549, Debarment and Suspension). Subrecipient must maintain documentation validating review of debarment list of eligible contractors. 12.Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment. A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of equipment is valued over $5,000, FEMA will have the right to a portion of proceeds if equipment is sold. if the fair market value of a piece of equipment is less than $5,000, the property can either be retained, sold or designated as surplus with no further obligation to FEMA. i. 13.TDEM will be using the new FEMA Public Assistance Delivery Model to facilitate the writing of project worksheets (Portal). Subrecipient will be responsible for establishing and maintaining an active account in the Portal and to provide and upload timely, all information requested that is needed to write accurate project worksheets. The Portal will provide the Subrecipient visibility of the entire project writing process. 14.TDEM will be using its new Grant Management System (GMS) for Subrecipient grant management functions. Subrecipient will access GMS to initiate Requests for Reimbursements (RFR), Advance of Funds Requests (AFR), Time Extensions, Scope and Cost changes requests, Quarterly Reports, Project Closeouts, Appeals, and other items deemed necessary.by TDEM. 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. 16.2 CFR 200.210(a)(15), 2 CFR 200.331(a)(1)(xiii) and (a)(4) make reference to indirect cost rates. The Subrecipient may use the negotiated Indirect.Cost Rate approved by its cognizant agency, or may use the 10% de minimis rate of modified total direct costs (MTDC) (as per§ 200.414) when receiving Management Costs. Page 17 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS • EXHIBIT G i t mo.o-Reet-ifica iona b :: s k ti .'=:sv o :. : Additional Grant Certifications • Subrecipient certifies that it has the ability to meet or exceed the cost share required for all subawards(Projects) and amendments(versions)under this Grant Agreement. • sD pl ©..E1?ibgrli em'ent - w f D:O t i Subrecipient certifies there has not been,nor will there be,a duplication of benefits for this project. 1 Match Certification 4 '�...•h : t J.: . t ]. ::ti:� r .-.}.• .`5` M 1 fi d s :• St.4 • Y t i n.N: � • 4 - . i •t 1 : .,. . ... ... .. •:._ :+n: _i . ; r.. :i: !$` 4 . n � . .v i .. ._ 1 . . s,. . is> i>:rk. rj Subrecipient certifies that it is not delinquent on any Federal Debt. '• - i For Hazard Mitigation Projects Only: i a1rltBi7 9 7�AIr- ' h a Applicant certifies that if there is a Maintenance Agreement needed for this facility copy of that agreement will be provided to TDEM. • • Federal Executive Order 12898 compliance requirements—If there are any concentrations of low income or minority populations In or near the HMGP project: 1. Applicant certifies that the HMGP project result will not result in:a disproportionately high or adverse effect on low income or minority populations. . OR 2. Applicant certifies that action will he taken to ensure achievement of environmental justice for low income and minority populations related to this HMGP project. • • 7 . I • I • Page 19 of 20 TDEM—September 2019 • Request for Information and Documentation Policy and Guideline It is crucial to the success of the overall Grant Program and to the timely completion and closure of awarded projects that timelines be established for providing information and documentation. TDEM has developed a framework to support this endeavor following a progressive series of communications for the Subrecipient(RFI).TDEM will work with you throughout the RFI process as communication is the key to your success. RFI Timelines First Informal Request The primary contact for the Subrecipient will receive the RFI via email with five business days to respond. Second Informal Request A second email to the primary contact will be sent with an additional five business days to respond. Third Informal Request A phone call will be made to the primary contact with a third email requesting the information to be provided within five business days. The Regional Section Administrator and State Coordinator will be copied. Fourth Formal Request The Supervising Program Director of Recovery will issue a certified letter to the highest ranking official highlighting previous requests and an additional ten days to provide the requested Information. Final Formal Request A final request by certified letter will be issued by the Deputy Assistant Director of Recovery, Mitigation,and Standards,or the Assistant Director of the Texas Division of Emergency Management to the highest ranking official giving the final ten business days to respond or deobligation of the project will begin. Final Action If the RFI is not sufficiently answered,the project will be deobligated, and any previously paid funds must be returned to TDEM. Reference: RMS Services Grant Program Request for Information and Documentation August 2017 GRANT TERMS AND CONDITIONS Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by them. ' N/A Assurances—Non-Construction Programs, hereinafter referred to as"Exhibit A" G.}/ Assurances—Construction Programs, hereinafter referred to.as"Exhibit B" Certifications for Grant Agreements,hereinafter referred to as "Exhibit C" State of Texas Assurances, hereinafter referred to as"Exhibit D" aP Environmental Review Certification,hereinafter referred to as"Exhibit E" hereinafter referred to as"Exhibit F" CT1Additional Grant Conditions, aAdditional Grant Certifications, hereinafter referred to as"Exhibit G" N/A ,Request for Information and Documentation referred to as"Exhibit H" . i F ;. Please sign below to acknowledged acceptance of the grant and all exhibits in this agre ent, and to abide by all terms and conditions. ia--19— fl S ature f ertifying Official Date e(4,., • pears" J" 4-14.5'Printed Name ad Title Page 20 of 20 . . TDEM—September 2019 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 21:20:28 RECORD OF ENVIRONMENTAL CONSIDERATION(REC) Project HMGP-DR-4332-TX Project#283 Title:City of Peariand Acquisitions NEPA DETERMINATION Non Compliant Flag: No EA Draft Date: EA Final Date: EA Public Notice Date: • EA Fonsi Level: CATEX EIS Notice of Intent EIS ROD Date: Comment Under the proposed HMGP project,the City of Peariand(Brazoria and Harris County),Texas proposes to acquire one(1)vacant lot and acquire and demolish structures that are. prone to flooding.The acquired properties will be deed restricted and will remain as open space In perpetuity. See attached EHP approved property list. This project has been determined to be Categorically Excluded from the need to prepare either an Environmental impact Statement or Environmental Assessment In accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01;LATEX N3. Particular attention should be given to the project conditions before and during project implementation.Failure to comply with these conditions may jeopardize federal assistance Including funding. -jhowar25-09/24/2019 20:46;08 GMT CATEX CATEGORIES Catex Category Code Description Selected rn3 (en3)Federal Assistance for Property Acquisition and Demolition.Federal Yes assistance for the acquisition of properties and the associated demolition and removal when the acquisition is from a willing seller,the assistance Is solely for the purposes of financial compensation for the acquisition,and the land is deed restricted to open space,recreational,wildlife habitat,or wetland uses in perpetuity.The CATEX does not apply to subsurface uses of acquired properties,or acquired properties with encumbrances or easements authorizing current or future subsurface uses that are not allowable and compatible with open space.This LATEX covers actions associated with the determination of program eligibility.This LATEX does not cover Federal assistance actions that involve acquisition for the purpose of construction or development at a site In the acquired property.The use of eminent domain is explicitly excluded from the '• CATEX. • EXTRAORDINARY Extraordinary Circumstance Code Description Selected No Extraordinary Circumstances were selected ENVIRONMENTAL LAW/EXECUTIVE ORDER Environmental Law/ Executive Order Status Description Comment Clean Air Act(CAA) Completed Project will not result in permanent air emissions-Review concluded Coastal Barrier Resources Aot Completed Project Is not on or connected to CBRA Unit (CBRA) or otherwise protected area-Review concluded NOTE:At times are GMT using a 24-hour clock. Page 1 of 4 09/25/2019 - FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 21:20:28 RECORD OF ENVIRONMENTAL CONSIDERATION(REC) Project HMGP-DR-4332-TX Project#283 Title:City of Pearland Acquisitions Environmental Law/ Executive Order .Status Description - Comment Clean Water Act(CWA). Completed Project would not affect any water of the U.S. -Review concluded • Coastal Zone Management Act Completed Project is located in a coastal zone area .' Based on consultation with Texas General Land (GZMA) and/or affects the coastal zone Office(GLO)and roviow of Coastal Coordination Council(CCC)General Concurrence/15,FEMA has determined that this project is deemed •: consistent with the goals and policies of the Texas Coastal Management Program(CMP)and consistency review procedures as Implemented by the GLO.-jhowar25-09/24/2019 20:48:28 GMT • f Completed State administering agency does not require consistency review-Review concluded Executive Order 11988- Completed Located in floodplain or effects on Portions of the project are located within AE and Floodplains floodplain/flood levels Floodway zone areas of 100-yr flooding,per various Flood Insurance Rate Map(FIRM)panels (see attached property list).The proposed action is not likely to result in any potential direct impacts that will adversely affect the natural values and function of floodpialns,nor is it likely to Increase the risk of flood loss.-jhowar25- 09/24/2019 20:533:46 GMT Completed Beneficial Effect on Floodplain OccupanoyNafuos-Review concluded Executive Order 11990- Completed No effects on wetlands and project outside A review of the National Wetland Inventory Wetlands wetlands-Review concluded (NWI)online mapper,accessed on 9/23/2019 for the site,indicates that portions of the project area are adjacent to a designated wetland, however the project is for the acquisition and demolition of existing structures which is not likely to affect wetlands.-Jhowar25-09/24/2019 20:54:40 GMT Executive Order 12898- Completed Low income or minority population In or near Environmental Justice for Low project area Income and Minority Populations Completed No disproportionately high and adverse Impact on low income or minority population- Review concluded Endangered Species Act(ESA) Completed Listed species and/or designated critical habitat present In areas affected directly or indirectly by the federal action NOTE:All times are GMT using a 24-hour clock. Page 2 of 4 • 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 21;20:28 RECORD OF ENVIRONMENTAL CONSIDERATION(REC) Project HMGP-DR-4332-TX Project#283 - 4 Title:City of Pearland Acquisitions Environmental Law/ Executive Order Status Description Comment • • Completed No effect to species or designated critical habitat(See comments for justification)- Review concluded Farmland Protection Policy Act Completed Project Boos not effect designated prime or (FPPA) unique farmland-Roviow concluded Fish and Wildlife Coordination Completed Project does not affect,control,or modify a Act(FWCA) ' waterway/body of water-Review concluded • • Migratory Bird Treaty Act(MBTA) Completed Project located within a flyway zone Completed Project does not have potential to take _ migratory birds-Review concluded Magnuson-Stevens Fishery Completed Project not located In or near Essential Fish '. Conservation and Management Habitat-Review concluded Ad(MSA) • • National I Ilstoric Preservation Act Completed Standard Seotion 106 raview For some properties,FEMA has determined that (NHPA) there will be No Historic Properties Affected. SHPO concurrence with this determination was received,dated August 12,2019.For the remaining properties,the scope of work has been reviewed and meets the criteria in Appendix B-Programmatic Allowances, Ii.B.10.a of FEMA's Programmatic Agreement • (PA)dated September 11,2014.In accordance with this PA,FEMA is not required to determine the National Register eligibility of properties where work performed meets the Appendix B criteria. The scope of work has been reviewed and FEMA has determined that the project will • . not require Tribal Consultation.-rmoyerl- 09/25/2019 13:34:44 GMT Completed Building or structure 50 years or older or listed on the National Register in the project area and activity not exempt from review Completed Determination of No Historic Properties ' Affected(FEMA linding/SHPO/fHPO • concurrence attached)-Review concluded • Completed Project affects only previously disturbed ground-Review concluded NOTE:All times are GMT using a 24-hour clock. • Page 3 of 4 ' 1 09/25/2019 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 21:20:29 • RECORD OF ENVIRONMENTAL CONSIDERATION(REC) Project HMGP-DR-4332-TX Project#283 Title:City of Pearland Acquisitions Environmental Law! Executive Order Status Description Comment Resource Conservation and Completed Review concluded - Recovery Act,aka Solid Waste Disposal Act(RCRA) Wild and Scenic Rivers Act Completed Project Is not along and does not affect Wild (WSR) and Scenic River-Review concluded • CONDITIONS Special Conditions required on implementation of Projects: Applicant must coordinate with the local floodplaln administrator,obtain required permits prior to initiating work,and comply with any conditions of The permit to ensure harm to and from the floodplain is minimized. All coordination pertaining to these activities should be retained as part of the project file in accordance with the respective grant program instructions. Source of condition:Executive Order 11988-Floodpialns • Monitoring Required: No Where appropriate,the applicant shall ensure that best management practices are implemented to prevent erosion and sedimentation to surrounding,nearby or adjacent wetlands.This includes equipment storage and staging of construction to prevent erosion and sedimentation to ensure that wetlands are not adversely impacted per the Clean Water Act and Executive Order 11990. Source of condition:Executive Order 11990-Wetlands Monitoring Required: No If any asbestos containing materials,lead based paint and/or other hazardous materials are found during remediation or repair activities, the applicant must comply with all federal,stato and local abatement and disposal requirements under the National Emissions Standards for Hazardous Air Pollutants(NESHAP). Source of condition:Clean Air Act(CAA) Monitoring Required: No Unusable equipment,debris and material shall be disposed of In an approved manner and location.in the event significant items(or evidence thereof)are discovered during implementation of the project,applicant shall handle,manage,and dispose of petroleum products,hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local,stale and federal agencies. Source of condition:'Resource Conservation and Recovery Act,aka Solid Waste Monitoring Required: No Disposal Act(RCRA) Standard Conditions: Any change to the:approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address at federal,state and local requirements.Acceptance of federal funding requires recipient to comply with all federal,state and local laws.Failure to obtain all appropriate federal,state and local environmental permits and clearances may jeopardize federal funding, If ground disturbing activities occur during construction,applicant will monitor ground disturbance and If any potential archeological resources are discovered,will immediately cease construction In that area and notify the State and FEMA. • NOTE:All times are GMT using a 24-hour dock. Page 4 of 4