R2021-147 2021-06-28RESOLUTION NO. R2021-147
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Engineer to accept the terms, conditions and award of funds from
the Texas Water Development Board (TWDB)- Flood Mitigation Assistance
(FMA) Program on behalf of the City, in the amount of $1,073,790.00, for the
elevation of five (5) severe repetitive loss, flood prone properties located
within the City limits.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Engineer or his designee is hereby authorized to accept the
terms, conditions and award of funds from the Texas Water Development Board (TWDB)-
Flood Mitigation Assistance (FMA) Program on behalf of the City, in the amount of
$1,073,790.00, for the elevation of five (5) severe repetitive loss, flood prone properties located
within the City limits.
PASSED, APPROVED and ADOPTED this the 28th day of June, A.D., 2021.
VIN COL
AYOR
ATT,
CRY97CAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
X
Contract No.1900012532
Payable X
External Contract No.
CFDA No. 97.029
`Retainage %
Special Instructions
Please Initial
each Item Method X
DC RFQ/RFP/RFA/RFO X
N/A Interagency/Local
DC Purchase
DC Receivable Grant
DC
DC
N/A
FUND
(4-XXXX)
COBJ
(4-XXXX)
MOF
(3-XXX)
DEPT
(4-XXXX)
PCA
(5-XXXXX)
Work #
(6-XXXXXX)
AY
2021
AY
2022
AY
2023
Total Funds Expire
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
FUND
(4-XXXX)
COBJ
(4-XXXX)
MOF
(3-XXX)
DEPT
(4-XXXX)
PCA
(5-XXXXX)
Work #
(6-XXXXXX)
AY
2021
AY
2022
AY
2023
Total Funds Expire
0001 7611 F06 C344 21021 G02127 1,073,790.00$ -$ -$ 1,073,790.00$ NA
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$
1,073,790.00$ -$ -$ 1,073,790.00$
-$ -$ -$ -$
1,073,790.00$ -$ -$ 1,073,790.00$
Date
BUDGET USE ONLY
SAM Check
W-9 Received (new contractor only-if applicable)
Ties to Sudan/Iran/Foreign Terrorist Organizations/Designated Foreign Terrorist Org
Franchise Tax Search
Vendor Name City of Pearland
Street Address 3519 Liberty Drive
City, State, Zip Pearland, Texas 77581 - 5416
Telephone Number 281-997-4268
Best Value Standard - Procurement Method (X method used)
Legal Cite: TGC Chapter 771
USAS (PYADDR/PYHOLD)
Debarred Vendor List
Announcement/Publication
Expiration Date: 07/13/2021
Revised 3/3/21
Deputy Executive Administrator John Dupnik
Kaye Schultz
Budget Director [and Budget Officer]Chris Hayden GJ:
Contract Approval Printed Name Signature
Accounting/Finance LeeRoy Lopez LM: EE: AW:
Contract Manager Niamh Gray
Division Director Saul Nuccitelli KH:
Legal Counsel
Executive Administrator [or Designee]Jeff Walker Amanda Lavin:
-$
Receivable Share of Costs 1,073,790.00$
Total Contract Costs 1,073,790.00$
PCC CODE - For Finance Review
Procurement & Contract Services Cameron Turner
FEMA- grants.gov
9
APPROVAL SIGNATURES and CONFIRMATION OF COMPLIANCE WITH AGENCY POLICY & THE STATE OF TEXAS CONTRACT MANAGEMENT GUIDE
By signing this form, you are certifying that this contract packet and its contents meet with your approval
TWDB Subtotal
Receivable Subtotal
Contract Total
If no PCC Code, DocType will be 9 and a legal cite is required.
Contractor Information
Proposal Number 00005241
01/28/21 09/16/20 12/15/23
Most Recent Amendment
Execution Date:
Original Contract
Expiration Date:
Contractor Subtotal
Retainage for Contract
City of Pearland, Brazoria County
Vendor Checks
Procurement & Contract Services
TWDB SHARE
RECEIVABLE SHARE
List of Counties for Study Area (Enter names, statewide, or non specific). If
statewide, community count = 254
Boycott Israel
Receivable
Grant Yes
Contract Dates
Board Approval Date (N/A if no date) Start Date Expiration Date
Office/Division/Section WSC-FMP Payable/Receivable Contract Relationship
Phone Number 512-475-1514
Contract Information and Funds Expiration
Payable or Receivable TWDB Contract Number(s) that this Contract is related to:
1900012527
TEXAS WATER DEVELOPMENT BOARD
CONTRACT INITIATION FORM
TWDB Contact Information Requested
Action
New Contract
Amendment
Contract Manager Niamh Gray Amendment No. (if applicable)
Vendor ID # (aka: Tax Payer ID#)74-6028909
-$
TWDB Share of Costs
FMA-PJ-06-TX-2019-002
100% reimbursed up to 90% of the grant funding as per the
standard language in the contract template
Detailed Description of Contract
Detailed Description of Amendment
FY 2019 FMA: City of Pearland seeks to mitigate five flood-prone structures
by elevation.
See Below
Contractor Share of Costs
Vendor Contract Mgr/Email Address Rasika Perera, Assistant City Engineer/rperera@pearlandtx.gov
Signer of Contract/Email Address Robert Upton, Director of Engineering/rupton@pearlandtx.gov
Anticipated Budget
DocuSign Envelope ID: DB96D603-8ABA-4D95-91FF-5B8EA0BF2926
5/22/2021
5/20/2021
5/20/2021
5/24/2021
DocuSign Envelope ID: 78B5C588-FB72-40E3-859D-2BAEF53EB4EE
5/28/2021
6/1/2021
6/2/2021
6/2/2021
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
6/29/2021
TWDB Contract No. 1900012532
Section I, Page 1 of 2
STATE OF TEXAS TWDB Contract No. 1900012532
COUNTY OF TRAVIS Flood Mitigation Assistance
Project Grant
CITY OF PEARLAND
This Contract (hereinafter CONTRACT) is entered into by and between the TEXAS WATER
DEVELOPMENT BOARD (TWDB), the RECIPIENT, serving as the administrator of the
Federal Emergency Management Agency’s (FEMA) Flood Mitigation Assistance Program,
and the CITY OF PEARLAND, the Subrecipient (CONTRACTOR).
SECTION I. SPECIFIC CONDITIONS AND EXCEPTIONS
TO STANDARD AGREEMENT
ARTICLE I. DEFINITIONS:
For the purposes of this CONTRACT, the following terms or phrases are defined as follows:
1. TWDB/RECIPIENT - The Texas Water Development Board, Data Universal Number
System (DUNS) No. 091209978, or its designated representative.
2. FEMA - Federal Emergency Management Agency
3. FMA - Flood Mitigation Assistance Program, Catalog of Federal Domestic Assistance
(CFDA) No. 97.029
4. 2 CFR PART 200 - Title 2 of the Code of Federal Regulations, Part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards
5. CONTRACTOR/SUBRECIPIENT – City of Pearland, DUNS No. 020796397
6. EXECUTIVE ADMINISTRATOR - The Executive Administrator of TWDB or a
designated representative.
7. PARTICIPANT(s) - Property owners participating in the Flood Mitigation Assistance
subgrant (EXHIBIT B).
8. REQUIRED INTERLOCAL AGREEMENT(s) - N/A
9. FEMA APPROVAL DATE – January 21, 2021
10. TWDB APPROVAL DATE – January 28, 2021
11. PROJECT AREA - The project area is more specifically defined in EXHIBIT B (the
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section I, Page 2 of 2
original grant application).
12. DEADLINE FOR CONTRACT EXECUTION – June 30, 2021
13. CONTRACT EFFECTIVE DATE – September 16, 2020
14. PROJECT COMPLETION DATE- September 15, 2023
15. CONTRACT EXPIRATION DATE – December 15, 2023
16. TOTAL PROJECT COST - $1,073,790.00
17. FEDERAL SHARE OF THE TOTAL PROJECT COST - Not to exceed $1,073,790.00
18. TWDB SHARE OF THE TOTAL PROJECT COST- Not to exceed $0.00
19. LOCAL SHARE OF THE TOTAL PROJECT COST - is estimated to be $0.00
20. PAYMENT REQUEST SCHEDULE - Submit payment requests totaling a minimum of
$5,000 on a Federal quarterly basis, unless it is the final payment request being
submitted.
21. OTHER SPECIAL CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT
(ALL SPECIAL CONDITIONS ARE SUBJECT TO THE INDIVIDUAL CONTRACT
CIRCUMSTANCES.):
Section II, Article VIII, Item 4, the following additional paragraph is added:
CONTRACTOR must develop standard subcontract/agreement templates for use
with individual PARTICIPANTS and must submit the standard
subcontract/agreement templates to the EXECUTIVE ADMINISTRATOR for review
and approval prior to use or execution of any documents with individual
PARTICIPANTS. Any subsequent modifications to the approved template must also
be submitted for review and approval by the EXECUTIVE ADMINISTRATOR prior to
use. CONTRACTOR and its subcontractor(s) must keep executed copies of all
agreements entered into and relating to the work under this CONTRACT.
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 1 of 19
SECTION II. STANDARD AGREEMENT
ARTICLE I. RECITALS
WHEREAS, CONTRACTOR applied through TWDB for a FEMA project grant under the FMA
program to mitigate specific flood problems as identified in EXHIBIT B, the original grant
application, which is incorporated herein and made a permanent part of this CONTRACT;
and
WHEREAS, CONTRACTOR and PARTICIPANTS will commit cash and/or in-kind services to
pay the LOCAL SHARE OF THE TOTAL PROJECT COST; and
WHEREAS, CONTRACTOR will receive grant funds and will be responsible for the execution
of this CONTRACT and compliance with the FMA requirements; and
WHEREAS, on the FEMA APPROVAL DATE, FEMA approved CONTRACTOR’s application for
financial assistance;
NOW, THEREFORE, TWDB and CONTRACTOR agree as follows:
ARTICLE II AGREEMENTS
1. The United States of America, through the Director of FEMA, has agreed to fund to
CONTRACTOR, through TWDB, the FEDERAL SHARE OF THE TOTAL PROJECT COST.
By acceptance of the funds awarded, CONTRACTOR agrees to abide by the terms
and conditions of this CONTRACT as set forth in this document and the documents
identified herein and made a part hereof by reference.
2. Services and activities provided under this CONTRACT must be in strict compliance
with the requirements of Texas Government Code Chapter 742, as well as EXHIBIT
A, the FEMA Award Package.
3. CONTRACTOR will provide Flood Mitigation Assistance to the PROJECT AREA, as
delineated and described in EXHIBIT B, the original grant application, and according
to the implementation plan approved by TWDB.
ARTICLE III. PERIOD OF PERFORMANCE
The period of performance of this CONTRACT is from the CONTRACT EFFECTIVE DATE to
the PROJECT COMPLETION DATE, unless otherwise amended.
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 2 of 19
ARTICLE IV. APPLICABLE FEDERAL LAWS AND RULES
FEMA requires all grant recipients and subrecipients to comply with federal laws and rules.
These federal laws and rules are listed in Article VIII of the FEMA Award Package (EXHIBIT
A), which is incorporated herein and made a permanent part of this CONTRACT.
CONTRACTOR must comply with all Federal laws and rules listed in EXHIBIT A. All FEMA
grants are also subject to the following requirements:
1. TWDB will reimburse CONTRACTOR for costs determined by FEMA to be allowable,
allocable, necessary and reasonable in accordance with 2 CFR Part 200.
2. CONTRACTOR must follow applicable matching or cost-sharing requirements found
in 2 CFR Part 200, the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments, as required (EXHIBIT A).
3. The project will be administered by CONTRACTOR following the Hazard Mitigation
Assistance (HMA) Unified Guidance in effect when the application (EXHIBIT B) was
submitted to FEMA, which is available at www.fema.gov.
4. CONTRACTOR must notify TWDB of any funds transferred to FEMA arising from the
performance of this CONTRACT, along with accrued interest, if any.
5. Construction Project Requirements
A. Acceptance of federal funding requires FEMA, TWDB and CONTRACTOR to
comply with all federal, state, and local laws prior to the start of any construction
activity. Failure to obtain all appropriate federal, state, and local environmental
permits and clearances may jeopardize federal funding.
B. Any changes to the approved scope of work as outlined in EXHIBITS A and B will
require re-evaluation by TWDB and FEMA for CONTRACTOR compliance with
the National Environmental Policy Act and other laws and Executive Orders.
C. If ground disturbing activities occur during construction, CONTRACTOR must
ensure monitoring of the ground disturbance and, if any potential archeological
resources are discovered, CONTRACTOR must immediately cease construction in
that area and notify TWDB and FEMA.
6. Publication Rights. Any publication resulting from work performed under this
CONTRACT must include an acknowledgement of FEMA financial support and a
statement that the publication does not constitute an endorsement nor reflect the
views of FEMA or TWDB.
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 3 of 19
7. Contract Amendments. No subsequent grants, monetary increase amendment, or
time extension amendment will be approved unless all overdue financial or
performance reports have been submitted to TWDB by CONTRACTOR. Exceptions
to this policy can be approved only by FEMA.
8. Registration and Reporting Requirement. Pursuant to the F EDERAL FUNDING
ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006, Pub. L. 109-282, CONTRACTOR is
required to obtain a Data Universal Numbering System (DUNS) number and register
with System of Award Management (www.sam.gov). Registration and reporting
requirement must be maintained during the life of this CONTRACT.
ARTICLE V. INTELLECTUAL PROPERTY: OWNERSHIP, PUBLICATION, AND
ACKNOWLEDGEMENT
1. For purposes of this Article, “Contractor Works” are work products developed by
CONTRACTOR and any Subcontractors using funds provided under this CONTRACT
or otherwise rendered in or related to the performance in whole or part of this
CONTRACT, including but not limited to reports; drafts of reports; material, data,
drawings, studies, analyses, notes, plans, computer programs and codes; or other
work products, whether final or intermediate.
A. It is agreed that all Contractor Works are the joint property of TWDB and
CONTRACTOR.
B. The parties hereby agree that, if recognized as such by applicable law, the
Contractor Works are intended to and will be works-made-for-hire with joint
ownership between TWDB and CONTRACTOR as such works are created in
whole or part.
C. If Contractor Works do not qualify as works-made-for-hire under applicable
law, CONTRACTOR hereby conveys co-ownership of such works to TWDB as
they are created in whole or part. If present conveyance is ineffective under
applicable law, CONTRACTOR agrees to convey a co-ownership interest of
Contractor Works to TWDB after creation in whole or part of such works,
and to provide written documentation of such conveyance upon request by
TWDB.
D. TWDB and CONTRACTOR acknowledge that the copyright in and to
copyrightable Contractor Works subsists upon creation of the Contractor
Works and its fixing in any tangible medium. CONTRACTOR or TWDB may
register the copyrights to such Works jointly in the names of CONTRACTOR
and TWDB.
E. TWDB and CONTRACTOR each have full and unrestricted rights to use
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 4 of 19
Contractor Works with no compensation obligation.
2. “Use” of a work product, whether Contractor Works, Subcontractor Works or
otherwise, means and includes, without limitation hereby, any lawful use, copying
or dissemination of the work product, or any lawful development, use, copying or
dissemination of derivative works of the work product, in any medium or form,
whether now known or later existing.
3. “No Compensation Obligation” means there is no obligation on the part of one co-
owner or licensee of a work, whether Contractor Works, Subcontractor Works or
otherwise, to compensate other co-owners, licensees or licensors of the work for
any use of the work by the using co-owner or licensee, including but not limited to
compensation for or in the form of: royalties; co-owner or licensee accounting;
sharing of revenues or profits among co-owners, licensees or licensors; or any other
form of compensation to the other co-owners, licensees or licensors on account of
any use of the work.
4. “Dissemination” includes, without limitation hereby, any and all manner of: physical
distribution; publication; broadcast; electronic transmission; internet streaming;
posting on the Internet or world wide web; or any other form of communication,
transmission, distribution, sending or providing, in any forms or formats, and in or
using any media, whether now known or later existing.
5. TWDB has an unlimited, unrestricted, perpetual, irrevocable, non-exclusive royalty-
free right to access and receive in usable form and format, and to use all technical or
other data or information developed by CONTRACTOR and Subcontractor in, or
otherwise resulting from, the performance of services under this CONTRACT.
6. For purposes of this Article, “Subcontractor Works” includes all work product
developed in whole or part by or on behalf of Subcontractors engaged by
CONTRACTOR to perform work for or on behalf of any CONTRACTOR under this
CONTRACT (or by the Subcontractors’ Subcontractors hereunder, and so on).
CONTRACTOR must secure in writing from any Subcontractors so engaged:
A. unlimited, unrestricted, perpetual, irrevocable, royalty-free rights of TWDB
(and, if desired, of CONTRACTOR) to access and receive, and to use any and
all technical or other data or information developed in or resulting from the
performance of services under such engagement, with No Compensation
Obligation; and either:
B. assignment by the Subcontractor to TWDB (and, if desired by them, jointly to
CONTRACTOR) of ownership (or joint ownership with the Subcontractor) of
all Subcontractor Works, with No Compensation Obligation; or
C. grant by Subcontractor of a non-exclusive, unrestricted, unlimited, perpetual,
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 5 of 19
irrevocable, world-wide, royalty-free license to TWDB (and, if desired by
them, CONTRACTOR) to use any and all Subcontractor Works, including the
right to sublicense use to third parties, with No Compensation Obligation.
7. No unauthorized patents. Contractor Works and Subcontractor Works or other
work product developed or created in the performance of this CONTRACT or
otherwise using funds provided hereunder must not be patented by CONTRACTOR
or their Subcontractor(s) unless Executive Administrator consents in writing to
submission of an application for patent on such works; and provided that, unless
otherwise agreed in writing,:
A. any application made for patent must include and name TWDB (and, as
applicable and desired by them, CONTRACTOR) as co-owners of the patented
work;
B. no patent granted will in any way limit, or be used by CONTRACTOR or
Subcontractor to limit or bar TWDB’s rights hereunder to access and receive
in useable form and format, and right to use, any and all technical or other
data or information developed in or resulting from performance pursuant to
this CONTRACT or the use of funds provided hereunder; and
C. TWDB (and, if applicable, CONTRACTOR) will have no compensation
obligation to any other co-owners or licensees of any such patented work,
unless otherwise expressly agreed in writing.
8. CONTRACTOR must include terms and conditions in all contracts or other
engagement agreements with any Subcontractors as are necessary to secure these
rights and protections for TWDB, and must require that Subcontractors include
similar such terms and conditions in any contracts or other engagements with their
Subcontractors. For the purposes of this section, “Subcontractors” includes
independent contractors (including consultants) and also employees working
outside the course and scope of employment.
9. Any work products subject to a TWDB copyright or joint copyright and produced or
developed by CONTRACTOR or its Subcontractor(s) pursuant to this CONTRACT or
using any funding provided by TWDB may be reproduced in any medium, form or
format by TWDB or CONTRACTOR at their own cost, and be disseminated in any
medium, format or form by any party at its sole cost and in its sole discretion.
CONTRACTOR may utilize such work products it deems appropriate, including
dissemination of such work products or parts thereof under their own name,
provided that any TWDB copyright is noted on the materials.
10. CONTRACTOR agrees to promptly notify TWDB regarding any media requests or
inquiries relating to the work performed under this CONTRACT.
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 6 of 19
ARTICLE VI. GENERAL TERMS AND CONDITIONS
1. GENERAL TERMS
A. Disaster Recovery Plan. Upon request of TWDB, CONTRACTOR must provide
descriptions or copies of its business continuity and disaster recovery plans.
B. Dispute Resolution. The dispute resolution process provided for in Texas
Government Code Chapter 2260 must be used to attempt to resolve any dispute
arising under this CONTRACT.
C. Excess Obligations Prohibited/No Debt Against the State . This CONTRACT is
subject to termination or cancellation without penalty to TWDB, either in whole
or in part, subject to the availability of state funds.
D. False Statements. If CONTRACTOR signed its application or response with a
false statement or it is subsequently determined that CONTRACTOR has violated
any of the representations, guarantees, warranties, certifications or affirmations
included in its application or response, CONTRACTOR will be in default under
this CONTRACT and TWDB may terminate or void the CONTRACT.
E. Force Majeure. Neither CONTRACTOR nor TWDB will be liable to the other for
any delay in or failure of performance of any requirement contained in this
CONTRACT caused by force majeure. The existence of such causes of delay or
failure will extend the period of performance until after the causes of delay or
failure have been removed, provided the non-performing party exercises all
reasonable due diligence to perform. Force majeure is defined as acts of God,
war, fires, explosions, hurricanes, floods, failure of transportation or other
causes that are beyond the reasonable control of either party and that by
exercise of due foresight such party could not reasonably have been expected to
avoid, and which, by the exercise of all reasonable due diligence, such party is
unable to overcome.
F. Governing Law and Venue. This CONTRACT is governed by and construed in
accordance with the laws of the State of Texas, without regard to the conflicts of
law provisions. The venue of any suit arising under this CONTRACT is fixed in
any court of competent jurisdiction in Travis County, Texas, unless the specific
venue is otherwise identified in a statute which directly names or otherwise
identifies its applicability to TWDB.
G. [DELETED]
H. Public Information Act. CONTRACTOR understands that TWDB will comply
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 7 of 19
with the Texas Public Information Act, Texas Government Code Chapter 552, as
interpreted by judicial rulings and opinions of the Attorney General of the State
of Texas. Information, documentation and other material in connection with this
CONTRACT may be subject to public disclosure pursuant to the Texas Public
Information Act. In accordance with Texas Government Code § 2252.907,
CONTRACTOR is required to make any information created or exchanged with
the State pursuant to this CONTRACT, and not otherwise excepted from
disclosure under the Texas Public Information Act, available in a format that is
accessible by the public at no additional charge to the State.
I. State Auditor’s Right to Audit. The state auditor may conduct an audit or
investigation of any entity receiving funds from the state directly under the
CONTRACT or indirectly through a subcontract under the CONTRACT. The
acceptance of funds directly under the CONTRACT or indirectly through a
subcontract under the CONTRACT acts as acceptance of the authority of the state
auditor, under the direction of the legislative audit committee, to conduct an
audit or investigation in connection with those funds. Under the direction of the
legislative audit committee, an entity that is the subject of an audit or
investigation by the state auditor must provide the state auditor with access to
any information the state auditor considers relevant to the investigation or
audit.
J. Should any one or more provisions of this CONTRACT be held to be null, void,
voidable, or, for any reason whatsoever, of no force and effect, such provision(s)
will be construed as severable from the remainder of this CONTRACT and will
not affect the validity of all other provisions of this CONTRACT, which will
remain in full force and effect.
2. AFFIRMATIONS AND CERTIFICATIONS
A. Antitrust Affirmation. CONTRACTOR represents and warrants that, in
accordance with Texas Government Code § 2155.005, neither CONTRACTOR nor
any firm, corporation, partnership, or institution represented by CONTRACTOR,
or anyone acting for such a firm, corporation, partnership, or institution has (1)
violated any provision of the Texas Free Enterprise and Antitrust Act of 1983,
Chapter 15 of the Texas Business & Commerce Code, or the federal antitrust
laws; or (2) communicated directly or indirectly the contents of the proposal
resulting in this CONTRACT to any competitor or any other person engaged in
the same line of business as CONTRACTOR.
B. Child Support Obligation Affirmation. Under Texas Family Code § 231.006,
CONTRACTOR certifies that the individual or business entity named in this
CONTRACT is not ineligible to receive the specified grant, loan or payment, and
acknowledges that this CONTRACT may be terminated and payment may be
withheld if this certification is inaccurate.
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 8 of 19
C. Dealings with Public Servants. Pursuant to Texas Government Code
§ 2155.003, CONTRACTOR represents and warrants that it has not given, offered
to give, nor intends to give at any time hereafter any economic opportunity,
future employment, gift, loan, gratuity, special discount, trip, favor, or service to
a public servant in connection with the goods or services being supplied.
D. Debts and Delinquencies Affirmation. CONTRACTOR agrees that any
payments due under the CONTRACT will be applied towards any debt or
delinquency that is owed to the State of Texas.
E. E-Verify Program. CONTRACTOR certifies that for contracts for services,
CONTRACTOR will utilize the U.S. Department of Homeland Security’s E-Verify
system during the term of the CONTRACT to determine the eligibility of: 1) all
persons employed by CONTRACTOR to perform duties within Texas; and 2) all
persons, including Subcontractors, assigned by CONTRACTOR to perform work
pursuant to the CONTRACT within the United States of America.
F. Entities that Boycott Israel. Pursuant to Texas Government Code § 2270.002,
CONTRACTOR certifies that either (i) it meets one of the exemption criteria
under § 2270.002; or (ii) it does not boycott Israel and will not boycott Israel
during the term of the contract resulting from this solicitation. CONTRACTOR
must state any facts that make it exempt from the boycott certification.
G. Excluded Parties. CONTRACTOR certifies that it is not listed on the federal
government’s terrorism watch list as described in Executive Order 13224.
H. Executive Head of a State Agency Affirmation. In accordance with Texas
Government Code § 669.003, relating to contracting with the executive head of a
state agency, CONTRACTOR certifies that it is not: 1) the executive head of
TWDB; 2) a person who at any time during the four years before the date of this
CONTRACT was the executive head of TWDB; or 3) a person who employs a
current or former executive head of TWDB.
If Section 669.003 applies, CONTRACTOR must provide the following
information:
Name of Former Executive: _________________________
Name of State Agency: _________________________
Date of Separation from State Agency: _________________________
Position with CONTRACTOR: _________________________
Date of Employment with CONTRACTOR: _________________________
I. Financial Participation Prohibited. Pursuant to Texas Government Code
§ 2155.004(a), CONTRACTOR certifies that neither CONTRACTOR nor any
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 9 of 19
person or entity represented by CONTRACTOR has received compensation from
TWDB or any agency of the State of Texas for participation in the preparation of
the specifications or solicitation on which this CONTRACT is based. Under Texas
Government Code § 2155.004(b), CONTRACTOR certifies that the individual or
business entity named in this CONTRACT is not ineligible to receive the specified
contract and acknowledges that this CONTRACT may be terminated, and
payment withheld if this certification is inaccurate.
J. Foreign Terrorist Organizations. CONTRACTOR represents and warrants that
it is not engaged in business with Iran, Sudan, or a foreign terrorist organization,
as prohibited by Texas Government Code § 2252.152.
K. Human Trafficking Prohibition. Under Texas Government Code § 2155.0061,
CONTRACTOR certifies that the individual or business entity named in this
Response or Contract is not ineligible to receive the specified contract and
acknowledges that this Contract may be terminated, and payment withheld if
this certification is inaccurate.
L. Lobbying Prohibition. CONTRACTOR represents and warrants that TWDB’s
payments to CONTRACTOR and CONTRACTOR’s receipt of appropriated or other
funds under the contract are not prohibited by Texas Government Code
§§ 556.005 or 556.0055, related to the prohibition on payment of state funds to
a lobbyist or for lobbying activities.
M. No Conflict of Interest. CONTRACTOR represents and warrants that the
provision of goods and services or other performance under this CONTRACT will
not constitute an actual or potential conflict of interest or reasonably create an
appearance of impropriety. CONTRACTOR also represents and warrants that,
during the term of this CONTRACT, CONTRACTOR will immediately notify
TWDB, in writing, of any existing or potential conflict of interest relative to the
performance of the CONTRACT.
N. Prior Disaster Relief Declaration. Texas Government Code §§ 2155.006 and
2261.053 prohibit state agencies from accepting a response or awarding a
contract that includes proposed financial participation by a person who, in the
past five years, has been convicted of violating a federal law or assessed a
penalty in connection with a contract involving relief for Hurricane Rita,
Hurricane Katrina, or any other disaster, as defined by Texas Government Code §
418.004, occurring after September 24, 2005. Under Texas Government Code §§
2155.006 and 2261.053, CONTRACTOR certifies that the individual or business
entity named in this CONTRACT is not ineligible to receive the specified contract
and acknowledges that this CONTRACT may be terminated, and payment
withheld if this certification is inaccurate.
0. Suspension and Debarment. CONTRACTOR certifies that it and its principals
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 10 of 19
are not suspended or debarred from doing business with the state or federal
government as listed on the State of Texas Debarred Vendor List maintained by
the Texas Comptroller of Public Accounts and the System for Award
Management (SAM) maintained by the General Services Administration.
ARTICLE VII. STANDARDS OF PERFORMANCE.
1. Personnel. CONTRACTOR must assign only qualified personnel to perform the
services required under this CONTRACT. CONTRACTOR is responsible for ensuring
that any Subcontractor utilized also assigns only qualified personnel. Qualified
personnel are persons who are properly licensed to perform the work and who have
sufficient knowledge, skill and ability to perform the tasks and services required
herein according to the standards of performance and care for their trade or
profession.
2. Professional Standards. CONTRACTOR must provide the services and deliverables
in accordance with applicable professional standards. CONTRACTOR represents
and warrants that it is authorized to acquire Subcontractors with the requisite
qualifications, experience, personnel and other resources to perform in the manner
required by this CONTRACT.
3. Procurement Laws. CONTRACTOR must comply with applicable State of Texas
procurement laws, rules and policies, as well as 2 CFR §§ 200.319 – 200.326,
Methods of Procurement, including but not limited to competitive bidding and the
Professional Services Procurement Act, Texas Government Code, Chapter 2254,
relating to contracting with persons whose services are within the scope of practice
of: accountants, architects, landscape architects, land surveyors, medical doctors,
optometrists, professional engineers, real estate appraisers, professional nurses,
and certified public accountants.
CONTRACTOR must comply with all regulations listed in 2 CFR Part 200 and state
law and procedure for the purchase of equipment and supplies.
4. Independent Contractor. Both parties hereto, in the performance of this
CONTRACT, act in an individual capacity and not as agents, employees, partners,
joint ventures or associates of one another. The employees or agents of one party
will not be deemed or construed to be the employees or agents of the other party for
any purposes whatsoever.
5. Proprietary and Confidential Information. CONTRACTOR warrants and
represents that any information that is proprietary or confidential and is received
by CONTRACTOR from TWDB or any governmental entity will not be disclosed to
third parties without the written consent of TWDB or applicable governmental
entity, whose consent will not be unreasonably withheld.
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 11 of 19
6. Contract Administration. TWDB will designate a project manager for this
CONTRACT. The project manager will serve as the point of contact between TWDB
and CONTRACTOR. TWDB’s project manager will supervise TWDB’s review of
CONTRACTOR’s technical work, deliverables, draft reports, the FINAL REPORT,
payment requests, schedules, financial and budget administration, and similar
matters. The project manager does not have any express or implied authority to
vary the terms of the CONTRACT, amend the CONTRACT in any way or waive strict
performance of the terms or conditions of the CONTRACT.
7. Nepotism. CONTRACTOR must comply with Texas Government Code Chapter 573
by ensuring that no officer, employee or member of CONTRACTOR’s governing body
votes 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 does not prohibit the employment of a person who has been
continuously employed for a period of two years prior to the election or
appointment of the officer, employee or governing body member related to such
person in the prohibited degree.
8. Open Meetings. CONTRACTOR must 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.
ARTICLE VIII. DISTRIBUTING GRANT FUNDS
1. TWDB agrees to compensate and reimburse CONTRACTOR in a total amount not to
exceed the FEDERAL SHARE OF THE TOTAL PROJECT COST for costs incurred and
paid by CONTRACTOR pursuant to performance of this CONTRACT. CONTRACTOR
will contribute local matching funds in sources and amounts defined as the LOCAL
SHARE OF THE TOTAL PROJECT COSTS. TWDB will reimburse CONTRACTOR for
one hundred percent (100%) of FEDERAL SHARE OF THE TOTAL PROJECT COST of
each invoice up to ninety percent (90%) pending CONTRACTOR’s performance.
Upon TWDB’s review and approval of project completion according to the specific
close-out requirements for FMA, at which time the TWDB will pay the remaining ten
percent (10%) to CONTRACTOR. The cost share per property is detailed in
EXHIBITS A, B and D.
Notwithstanding the above referenced paragraph, TWDB may provide advance
funds to CONTRACTOR in order to minimize the time elapsing between the transfer
of funds and their disbursement by CONTRACTOR. Such advance funds will be
disbursed in compliance with FEMA regulations, including but not limited to 2 CFR
Part 200. CONTRACTOR understands and agrees that it has no right to such
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 12 of 19
advances, but that TWDB, in its sole discretion, may from time to time agree to
advance payments before receiving any subcontractor invoices.
2. Before submitting any subcontractor’s invoices and prior to reimbursement or
advances of funds, CONTRACTOR must submit a copy of all procurement
documents, the scoresheets for all respondents, and the official submittal of the
selected subcontractor to TWDB for concurrence with 2 CFR Part 200.319-200.326.
3. CONTRACTOR must submit an implementation plan for review and approval by
TWDB prior to commencement of construction activities. The approved
implementation plan will then become a permanent part of this CONTRACT as
EXHIBIT C.
4. Requests for advance or reimbursement of subcontractor expenses will only be
considered where such subcontractor procurement(s) have been submitted and
where such subcontracts or agreements have been determined acceptable by the
EXECUTIVE ADMINISTRATOR as described herein. The EXECUTIVE
ADMINISTRATOR must provide written review and acceptance of contracts or
agreements between CONTRACTOR and subcontractor(s) and between such
subcontractors and any other subcontractors prior to CONTRACTOR finalizing such
subcontracts or agreements. All subcontract agreements must include the DUNS
number for the subcontractor. The purpose of this review is solely to ensure that
the subcontracts and agreements are consistent with this CONTRACT and that the
rights of TWDB are protected. CONTRACTOR understands that CONTRACTOR
should obtain its own legal review of subcontracts and agreements that
CONTRACTOR enters into. CONTRACTOR agrees that TWDB assumes no legal
obligations under its subcontracts or agreements. Each subcontract or agreement
must include a detailed budget estimate with specific cost details for each task or
specific item of work to be performed by the subcontractor and for each category of
reimbursable expenses. The subcontracts must conform to the terms of the
CONTRACT and include provisions which require subcontractor compliance with
TWDB rules. CONTRACTOR must adhere to all requirements in state law and TWDB
rules pertaining to the procurement of professional services. Subcontracts for
surveying activities will not be required.
5. CONTRACTOR must submit advance or payment requests and the required
documentation for reimbursement according to the PAYMENT REQUEST
SUBMISSION SCHEDULE and in accordance with the approved task and expense
budgets contained in EXHIBIT D to this CONTRACT.
For reimbursement, CONTRACTOR must submit a signed and completed Payment
Request Checklist along with task and expense spreadsheet
(https://www.twdb.texas.gov/about/contract_admin/index.asp) and
documentation listed below, according to the PAYMENT SUBMISSION SCHEDULE.
All quarterly Financial and Performance reports must be current as required by
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 13 of 19
Article X and XI of this section. The Payment Request package must include the
following:
A. The completed Payment Request Checklist will include the total incurred and
paid expenses along with the following information
(1) TWDB Contract Number;
(2) The reimbursement period; beginning (date) to ending (date);
(3) Total Expenses being requested for this period;
(4) Total In-kind services, if applicable;
(5) Total Federal, TWDB, and Local Share of the total study costs for the
billing period, as applicable;
(6) Total costs to be reimbursed by TWDB for the billing period; and
(7) Certification, signed by CONTRACTOR’s authorized representative, that
the expenses submitted for the billing period are a true and correct
representation of amounts paid for work performed directly related to
this CONTRACT.
B. For direct expenses incurred by CONTRACTOR for subcontracted work:
(1) Copies of detailed, itemized invoices/receipts from the subcontractor to
the CONTRACTOR and proof of payment by CONTRACTOR. Credit card
summary receipts or statement are not acceptable alone, must be
accompanied by the itemized invoice or receipt; and
(2) A spreadsheet showing the tasks that were performed; the percent and
cost of each task completed; a total cost figure for each direct expense
category contained in EXHIBIT D; and the total dollar amount paid to
and due to the subcontractor(s). The spreadsheet should also include the
expense budget and the cost of each expense item. Any payments of
expenses which CONTRACTOR withholds from a subcontractor for the
purposes of retainage, will be considered to have been paid by
CONTRACTOR for purposes of determining expenses paid.
C. For direct expenses incurred by CONTRACTOR other than subcontracted
work:
Copies of detailed, itemized invoices/receipts from expenses purchased
by CONTRACTOR and proof of payment by CONTRACTOR. Credit card
summary receipts or statement are not acceptable alone; they must be
accompanied by the itemized invoice or receipt; and
A spreadsheet showing the tasks that were performed, the percent and
cost of each task completed, and a total cost figure for each direct
expense category contained in EXHIBIT D. The spreadsheet should also
include the expense budget and the cost of each expense item.
D. For travel expenses for CONTRACTOR(s) and/or subcontractors:
(1) Names, dates, work locations, time periods at work locations, itemization
of and receipts for subsistence expenses of each employee, limited,
however, travel is limited to the maximum amounts authorized by the
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 14 of 19
U.S. General Services Administration, as amended or superseded.
Receipts required for lodging;
(2) Copies of invoices or receipts for transportation costs or, if mileage costs,
names, dates, and points of travel of individuals; and
(3) All other reimbursable travel expenses i.e., invoices or purchase
vouchers showing reason for expense with receipts to evidence the
amount incurred.
6. CONTRACTOR has budget flexibility within task and expense budget categories to
the extent that the resulting change in amount, in any one task or expense category,
does not exceed ten (10%) percent of the total authorized amount by this
CONTRACT. Larger deviations require approval by the EXECUTIVE
ADMINISTRATOR or designee and FEMA (as per 2 CFR Part 200, the Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments) which will be documented through an Approved Budget
Memorandum to the TWDB contract file. CONTRACTOR will be required to provide
written explanation for the overage and reallocation of the task and expense
amount.
For all reimbursement requests, including any subcontractor's expenses, the
EXECUTIVE ADMINISTRATOR must have determined that the REQUIRED
INTERLOCAL AGREEMENT(s) and contracts or agreements between CONTRACTOR
and subcontractors are consistent with the terms of this CONTRACT. CONTRACTOR
is fully responsible for paying all charges by subcontractors prior to reimbursement
by TWDB.
7. CONTRACTOR and its subcontractors must maintain timely, true, and accurate
financial accounting documents and records, including copies of invoices and
receipts, and must make them available for examination and audit by the
EXECUTIVE ADMINISTRATOR. Accounting by CONTRACTOR and its subcontractors
must be in a manner consistent with Generally Accepted Accounting Principles
(GAAP).
8. If CONTRACTOR chooses and is authorized by TWDB for the advance method for
distribution of grant funds under Section I, Article I, Item 21 and submits a Request
for Advance Checklist to the EXECUTIVE ADMINISTRATOR, TWDB will advance to
CONTRACTOR a percentage of the amount shown in EXHIBIT D not to exceed the
amount of the TOTAL PROJECT COST.
9. When CONTRACTOR has incurred expenses sufficient to reconcile the advance
received, CONTRACTOR must submit a Request for Advance to the EXECUTIVE
ADMINISTRATOR before receiving another advance of the FEDERAL SHARE OF THE
TOTAL PROJECT COST. CONTRACTOR must attach the most recent written financial
report described in Article X and performance report described in Article XI , Item 1
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 15 of 19
of this section and the documentation listed in Item 5 above to the Request for
Advance Checklist. Any expenses incurred by CONTRACTOR exceeding the amount
of the previous advance will be reimbursed based on the percentage of the
FEDERAL SHARE OF THE TOTAL PROJECT COSTS of this CONTRACT.
10. Within 30 days of the EXECUTIVE ADMINISTRATOR's final accounting of the
amounts expended by CONTRACTOR and the amounts advanced by TWDB to
CONTRACTOR, CONTRACTOR must refund to TWDB any advances not used for
expenses approved by the EXECUTIVE ADMINISTRATOR. If the amounts expended
by CONTRACTOR exceed the amounts advanced by TWDB, the EXECUTIVE
ADMINISTRATOR will provide such differences to CONTRACTOR, if not in excess of
the FEDERAL SHARE OF THE TOTAL PROJECT COST.
11. Reimbursement Requests that lack required documentation will be denied or short
paid if deficiencies are not resolved within 10 business days. Denied
Reimbursement Requests or eligible expenses that were short paid must be
resubmitted by CONTRACTOR with the required documentation within 30 days or
prior to next reimbursement request (whichever sooner) to be reconsidered for
reimbursement.
12. If for some reason a reimbursement request cannot be processed due to the need
for an amendment to the CONTRACT, CONTRACTOR will be required to
resubmit the Payment Request Checklist dated after the execution of the
amendment.
13. CONTRACTOR is responsible for any food or entertainment expenses incurred by its
own organization or that of its subcontractors, outside that of the travel expenses
authorized and approved by the State of Texas under this CONTRACT.
14. CONTRACTOR is responsible for submitting any final payment request and
documentation for reimbursement, along with a request to release any retained
funds, no later than 45 days following the PROJECT COMPLETION DATE. Failure to
submit a timely final payment request may result in a lapse of funds and
unavailability of the remaining funding under this CONTRACT.
ARTICLE IX. SUBCONTRACTS
1. Each Subcontract entered into to perform required work under this CONTRACT
must contain the following:
A. A detailed budget estimate with specific cost details for each task or specific
item of work to be performed by the Subcontractor and for each category of
reimbursable expenses.
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 16 of 19
B. A clause stating the following: “Subcontractor agrees and acknowledges that
it is subject to all applicable requirements of the master contract between
City of Pearland and the Texas Water Development Board, TWDB Contract
No. 1900012532. Subcontractor adopts by reference the requirements of
Article IX of TWDB Contract No. 1900012532 for this Subcontract.”
2. All Subcontracts entered into to perform required work under this CONTRACT are
also subject to the following requirements:
A. The Subcontract is subject to audit by the Texas State Auditor’s Office, and
Subcontractor must cooperate with any request for information from the
Texas State Auditor, as further described in Section II, Article VI, Paragraph 1
I.;
B. Payments under the Subcontract are contingent upon appropriation of funds
by the Texas Legislature, as further described in Section II, Article VI,
Paragraph 1C.;
C. Ownership of data, materials and work papers, in any media, that is gathered,
compiled, adapted for use, or generated by Subcontractor or CONTRACTOR
will become data, materials and work owned by TWDB, and Subcontractor
will have no proprietary rights in such data, materials and work papers,
except as further described in Section II, Article V;
D. Subcontractor must keep timely and accurate books and records of accounts
according to generally accepted accounting principles, as further described in
Section II, Article VIII, Paragraph 7;
E. Subcontractor is solely responsible for securing all required licenses and
permits from local, state and federal governmental entities and solely
responsible for obtaining sufficient insurance in accordance with the general
standards and practices of the industry or governmental entity; and
F. Subcontractor is an independent contractor, and TWDB has no liability
resulting from any failure of Subcontractor that results in breach of contract,
property damage, personal injury or death.
ARTICLE X. FINANCIAL REPORTS
1. CONTRACTOR must submit an original TWDB Quarterly Financial Report (TWDB
QFR) and Federal Financial Report (FFR, SF-425) to the TWDB’s quarterly report
mailbox (FloodGrantQuarterlyReports@twdb.texas.gov) within 15 days following
the end of each federal quarter of the PROJECT with the exception of the final report,
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 17 of 19
which is due 45 days after the PROJECT COMPLETION DATE.
2. If applicable, CONTRACTOR must submit any other reports specified in EXHIBIT A of
this CONTRACT.
ARTICLE XI. PERFORMANCE REPORTING
1. Quarterly. CONTRACTOR must submit an original Program Performance Report
(SF-PPR) and any supporting documentation to the TWDB’s quarterly report
mailbox (FloodGrantQuarterlyReports@twdb.texas.gov) within 15 days following
the end of each federal quarter in accordance with Section II., Article IV, Paragraph
3.
2. Final Report. CONTRACTOR must submit an original final Program Performance
Report (SF-PPR), Federal Financial Report (FFR, SF-425), and any supporting
documentation which details all the work performed under the CONTRACT
according to the specific close-out requirements according to Section II., Article IV,
Paragraph 3. The reports must be submitted to the TWDB Contract Manager within
45 days following the PROJECT COMPLETION DATE.
ARTICLE XII. AMENDMENT, TERMINATION, AND STOP ORDERS
1. Notice. TWDB, CONTRACTOR, or FEMA may terminate grant award agreements by
giving written notice at least seven calendar days prior to the effective date of the
termination. All notices are to be transmitted via registered or certified mail, return
receipt requested. CONTRACTOR's authority to incur new costs will terminate on
the date of receipt of the notice or the date set forth in the notice. Any costs incurred
up to the earlier of the date of the receipt of the notice or the date of termination set
forth in the notice will be negotiated for final payment. Closeout of the Grant
Agreement will be commenced and processed as prescribed under Section II.,
Article IV, Paragraph 3.
2. Discontinuation of Work. Upon receiving notice of termination, CONTRACTOR must
discontinue work in accordance with the EXECUTIVE ADMINISTRATOR’s
termination instructions and delay or terminate all applicable orders and
subcontracts immediately.
3. Unpaid Balances. In the event that this CONTRACT is terminated, TWDB’s only
liability will be to pay CONTRACTOR the unpaid balance due CONTRACTOR for
work actually performed.
4. The EXECUTIVE ADMINISTRATOR may issue a Stop Work Order to CONTRACTOR at
any time. Upon receipt of such order, CONTRACTOR must discontinue all work
under this CONTRACT and cancel all orders pursuant to this CONTRACT, unless the
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 18 of 19
order directs otherwise. If the EXECUTIVE ADMINISTRATOR does not issue a
Restart Order within 60 days after receipt by CONTRACTOR of the Stop Work Order,
this CONTRACT is terminated in accordance with the foregoing provisions.
5. The EXECUTIVE ADMINISTRATOR can extend the PROJECT COMPLETION DATE
upon written approval from FEMA. CONTRACTOR must notify the EXECUTIVE
ADMINISTRATOR in writing within 90 days prior to the PROJECT COMPLETION
DATE if an extension is required.
6. If termination of the CONTRACT occurs, the procedures described in 2 CFR Part 200,
Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments, will be followed.
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Section II, Page 19 of 19
ARTICLE XIII. CORRESPONDENCE, REPORTS, AND REIMBURSEMENTS
All correspondence, reports, and reimbursements related to this CONTRACT must be
made to the following addresses:
ForTWDB:
Contract Issues:
Texas Water Development Board
Attention: Contract Administration
P.O. Box 13231
Austin, Texas 78711-3231
Email: contracts@twdb.texas.gov
Payment Request Submission:
Texas Water Development Board
Attention: Accounts Payable
P.O. Box 13231
Austin, Texas 78711-3231
Email: invoice@twdb.texas.gov
Physical Address:
Stephen F. Austin State Office Building
1700 N. Congress Avenue
Austin, Texas 78701
For CITY OF PEARLAND:
Contract Issues:
Rasika Perera
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581 - 5416
Email: rperera@pearlandtx.gov
Payment Request Submission:
Rasika Perera
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581 - 5416
Email: rperera@pearlandtx.gov
Physical Address:
3519 Liberty Drive
Pearland, Texas 77581 - 5416
IN WITNESS WHEREOF, the PARTIES have caused this CONTRACT to be duly executed.
TEXAS WATER DEVELOPMENT BOARD
______________________________________
Jeff Walker
Executive Administrator
Date: __________________________________
CITY OF PEARLAND
_____________________________________
Robert Upton
Director of Engineering
Date: ________________________________
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
6/29/20216/29/2021
TWDB Contract No. 1900012532
Exhibit A, Page 1 of 61
EXHIBIT A
FEMA AWARD PACKAGE
Award Cover Letter
Form 76-10A
Article of Agreement
Cost Review
National Environmental Policy Act Requirements
Notice of Funding Opportunity
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532 Exhibit A, Page 2 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532 Exhibit A, Page 3 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532 Exhibit A, Page 4 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532 Exhibit A, Page 5 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532 Exhibit A, Page 6 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532 Exhibit A, Page 7 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532 Exhibit A, Page 8 of 61DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532 Exhibit A, Page 9 of 61DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
1
FY 2019
FLOOD MITIGATION ASSISTANCE PROGRAM
GRANT AGREEMENT ARTICLES
CFDA# 97.029
RECIPIENT: Texas Water Development Board
AGREEMENT NUMBER: EMT-2020-FM-E006
AMENDMENT NUMBER: 2
DESIGNATED AGENCY: Federal Emergency Management Agency
PERFORMANCE PERIOD: September 16, 2020 through September 15, 2023
GENERAL INFORMATION:
The Flood Mitigation Assistance (FMA) grant program provides funding to States, Territories,
Indian Tribal governments and communities to assist in their efforts to reduce or eliminate the risk
of repetitive flood damage to buildings and structures insurable under the National Flood Insurance
Program (NFIP).
The following Articles I-VIII are FEMA’s Grant Award terms and conditions, followed by
Department of Homeland Security (DHS) Grant Award Standard Terms and Conditions. The
Recipient agrees to abide by all the Grant Award terms and conditions in this document.
ARTICLE I. FEMA AUTHORITY
The United States of America through the Department of Homeland Security’s Federal Emergency
Management Agency (FEMA) agrees to grant to the State/Indian Tribal or Territory government,
hereinafter referred to as "the Recipient,” through its designated agency named above, funds in the
amount specified on the obligating document, to support the Flood Mitigation Assistance Grant
Program, authorized under Section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c, the “NFIA” or “the Act”), as amended.
TWDB Contract No. 1900012532 Exhibit A, Page 10 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2
ARTICLE II. PROJECT DESCRIPTION
The Recipient shall perform the work described in the application package and made a part of
these Grant Agreement Articles.
ARTICLE III. PERIOD OF PERFORMANCE
The period of performance shall be September 16, 2020 through September 15, 2023. All
costs must be incurred during the period of performance, including pre-award costs.
ARTICLE IV. AMOUNT AWARDED
This Grant Award is for the administration and completion of an approved Flood
Mitigation Assistance project. Funds approved under this Grant Agreement may
not be used for other purposes. If costs exceed the amount of FEMA funding
approved, then the Recipient shall pay the costs that are in excess of the approved
budget.
The approved budget for this Grant Award is shown in the Cost Review Section of
the grant application.
The Recipient shall follow regulations found in Title 2 Code of Federal Regulations (CFR) Part
200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards “Super Circular” [which superseded 44 CFR Part 13, 2 CFR Part 215, and
Office of Management and Budget (OMB) Circulars A-21, A-50, A-87, A-89, A-102, A-110,
A-122, and A-133 as of December 26, 2014, for awards made under major disaster declarations
declared on or after that date; or for non-disaster programs, for awards made on or after that
date], Title 2 CFR Part 170, Reporting Subaward and Executive Compensation – Appendix A
to Part 170 – Award Term (see ARTICLE VII. TERMS AND CONDITIONS), and the Hazard
Mitigation Assistance Guidance to implement this Grant Agreement.
ARTICLE V. COST SHARE
The cost-share requirement for this award is 75% Federal and 25% non-Federal.
The cost-share for FMA is authorized by 42 U.S.C. § 4104c(d), as amended:
a. The FMA program offers up to 100% Federal cost-share funding for mitigating properties that
are designated as Severe Repetitive Loss (these properties must be identified as validated on
FEMA’s FMA Severe Repetitive Loss list) where the Recipient also maintains a FEMA-
approved Standard or Enhanced Mitigation Plans or Tribal plan that includes a strategy for
mitigating existing and future repetitive loss properties.
b. The FMA program offers up to 90% Federal cost-share funding for mitigating properties that
are designated as Repetitive Loss (these properties must be identified on FEMA’s FMA
TWDB Contract No. 1900012532 Exhibit A, Page 11 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3
Repetitive Loss list) where the Recipient also maintains a FEMA-approved Standard or
Enhanced Mitigation Plans or Tribal plan.
The FMA program offers up to 75% Federal cost-share funding for mitigation activities on other flood-
insured properties.
ARTICLE VI. FEMA OFFICIALS
FEMA officials are as follows:
The Project Officer shall be an official at the FEMA Regional Office who will be responsible for
the monitoring of the activities as described in the application.
The Project Officer is: Florence Aihe (940) 297-0215
The Assistance Officer is the FEMA official who has full authority to negotiate, administer and
execute all business matters of the Grant Agreement.
The Assistance Officer is: David F. McCoy, CGMS (940) 387-7324
ARTICLE VII. TERMS AND CONDITIONS
The specific terms and conditions of this agreement are as follows:
Federal Funding Accountability and Transparency Act:
The Federal Funding Accountability and Transparency Act (FFATA) of 2006 (2 CFR Part 170)
requires Recipients to report certain information about themselves and their first-tier
Subrecipients for each Federal award of $25,000 or more awarded on or after October 1, 2010.
(See attached APPENDIX A to Part 170-Award term).
ASSURANCE COMPLIANCE:
The certifications signed by the Recipient in the application relating to maintenance of a Drug-
Free Workplace (44 CFR Part 17, Subpart F) and New Restrictions on Lobbying (44 CFR Part
18) apply to this grant agreement and are incorporated by reference.
Prohibition on Using Federal Funds.
The Recipient understands and agrees that it cannot use any Federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of FEMA.
TWDB Contract No. 1900012532 Exhibit A, Page 12 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
4
Compliance with Program Guidance.
The Recipient agrees that all use of funds under this Grant Agreement will be in accordance with
the Hazard Mitigation Assistance Guidance at the time of the application.
BUDGET REVISIONS:
The Recipient shall follow prior approval requirements for budget revisions found in 2 CFR §
200.308. Transfer of funds between total direct cost categories in the approved budget shall
receive the prior approval of FEMA when the Federal share of the award exceeds the simplified
acquisition threshold and the cumulative transfers among those direct cost categories exceed ten
percent of the total budget.
If a Recipient estimates that it will have obligated funds remaining after the end of the
performance period, the Recipient must report this to the FEMA Regional Office at the earliest
possible time and ask for disposition instructions.
Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award
has been made, including changes to period of performance or terms and conditions, Recipients
will be notified of the changes in writing. Once notification has been made, any subsequent
drawdown of additional funds will indicate the Recipient’s acceptance of the changes to the
award.
CLOSEOUT:
Reports Submission: Per 2 CFR Part 200, when the appropriate grant award performance period
expires, the Recipient shall submit the following documents within 90 days: (1) a final Financial
Report; (2) final Program Performance Report; (3) an inventory of equipment purchased under
each grant’s funds; (4) an inventory of Federally-owned property; and (5) other required
documents specified by program regulation.
Report Acceptance: FEMA shall review the Recipient reports, perform the necessary financial
reconciliation, negotiate necessary adjustments between the Recipient and FEMA’s records, and
close out the grant in writing.
Record Retention: Records shall be retained for 3 years (except in certain rare circumstances)
from the date the final Federal Financial Report is submitted to FEMA in compliance with 2 CFR
Part 200.
CONSTRUCTION PROJECT REQUIREMENTS:
1. Acceptance of Federal funding requires the Recipient and any Subrecipients to comply with
all Federal, state and local laws prior to the start of any construction activity. Failure to obtain
all appropriate Federal, state and local environmental permits and clearances may jeopardize
Federal funding.
TWDB Contract No. 1900012532 Exhibit A, Page 13 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
5
2. Any change to the approved scope of work will require re-evaluation by FEMA for Recipient
and Subrecipient compliance with the National Environmental Policy Act and other laws and
Executive Orders.
3. If ground disturbing activities occur during construction, the Recipient and any Subrecipients
must ensure monitoring of ground disturbance and, if any potential archaeological resources
are discovered, the Subrecipient will immediately cease construction in that area and notify
the Recipient and FEMA.
COPYRIGHT:
The Recipient is free to copyright any original work developed in the course of or under this
Grant Agreement. FEMA reserves a royalty-free, nonexclusive and irrevocable right to
reproduce, publish or otherwise use, and to authorize others to use the work for Government
purposes. Any publication resulting from work performed under this agreement shall include an
acknowledgement of FEMA financial support and a statement that the publication does not
constitute an endorsement by FEMA or reflect FEMA views.
COST SHARE:
The Recipient shall follow cost-sharing requirements mandated by program guidance, statute or
regulation and in compliance with 2 CFR § 200.306. Cost-share funding shall be available with
the approval of each grant. Period of Performance extensions shall not be approved for delays
caused by lack of cost-share funding.
ENFORCEMENT:
FEMA enforcement remedies shall be processed as specified in 2 CFR §§ 200.338-200.342, and
for acquisitions, as specified in 44 CFR § 80.19(e), when the terms and conditions of this Grant
Agreement are not met.
EQUIPMENT/SUPPLIES:
The Recipient must comply with the regulations listed in 2 CFR Part 200 and must be in
compliance with state laws and procedures.
FUNDS TRANSFER:
No transfer of funds to agencies other than those identified in the approved Grant Agreement
shall be made without prior approval of FEMA.
INSURANCE:
In compliance with 42 U.S.C. § 4012a(a), when financial assistance is approved for acquisition
or construction purposes within the Special Flood Hazard Area (SFHA), flood insurance shall be
maintained for the life of the property regardless of transfer of ownership for any properties.
PAYMENT:
The Recipient shall be paid using the FEMA Payment and Reporting System (PARS), provided
the Recipient maintains and complies with procedures for minimizing the time between transfer
of funds from the US Treasury and disbursement by the Recipient and Subrecipients. The
Recipient commits itself to: 1) initiating cash drawdowns only when actually needed for its
disbursement; 2) timely financial reporting per FEMA requirements, using the SF-425; and 3)
TWDB Contract No. 1900012532 Exhibit A, Page 14 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
6
imposing the same standards of timing and amount upon any Subrecipient.
Subrecipients must comply with the same payment requirement as the Recipient and must
comply with the requirements specified in the Recipient’s subaward Agreement.
DUPLICATION OF PROGRAMS:
FEMA will not provide assistance under its programs for activities that FEMA determines
another Federal program has a more specific or primary authority to provide. FEMA also will not
provide assistance to an applicant or subapplicant for activities that are a result of legal
obligations or court orders. FEMA may disallow or recoup amounts that duplicate funding from
other authorities.
DUPLICATION OF BENEFITS:
Flood Mitigation Assistance (FMA) funds cannot duplicate or be duplicated by funds received by
or available to Applicants, subapplicants, or project or planning participants from other sources
for the same purpose, such as benefits received from insurance claims, other assistance programs
(including previous project or planning grants and subawards from HMA programs), legal
awards, or other benefits associated with properties or damage that are or could be subject of
litigation.
Because the availability of other sources of mitigation grant or loan assistance is subject to
available information and the means of each individual applicant, HMA does not require proof
that other assistance (not including insurance) has been sought. However, it is the responsibility
of the property owner to report other benefits received, any applications for other assistance, the
availability of insurance proceeds, or the potential for other compensation, such as from pending
legal claims for damages, relating to the property. Amounts of other grants, loans or other
assistance designated for the same purpose as FMA funds, if received, may be used to reduce the
non-Federal cost-share.
Where the property owner has an insurance policy covering any loss to the property which relates
to the proposed FMA project, the means are available for receiving compensation for a loss or, in
the case of increased cost of compliance (ICC), assistance toward a mitigation project. FEMA
will generally require that the property owner file a claim prior to the receipt of FMA funds.
NON-DISCRIMINATION:
The program must be administered in an equitable and impartial manner, without discrimination
on the grounds of race, color, religion, nationality, sex, age, or economic status. The program
complies with Title VI of the 1964 Civil Rights Act and other applicable laws. All
applicants/Recipients/pass-through entities must comply with Title VI, including State and local
governments distributing Federal assistance.
Applicants/Recipients and Subapplicants/Subrecipients will ensure that no discrimination is
practiced. Applicants must consider fairness, equity, and equal access when prioritizing and
selecting project subapplications to submit with their application. Subapplicants and
TWDB Contract No. 1900012532 Exhibit A, Page 15 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
7
Subrecipients must ensure fairness, equity and equal access when consulting and making offers
of mitigation to property owners that benefit from mitigation activities.
CHANGES IN SCOPE OF WORK:
Requests for changes to the scope of work (SOW) after award are permissible as long as they do
not change the nature or total project cost of the activity, properties identified in the
subapplication the feasibility and effectiveness of the project, or the benefit cost ratio. Requests
must be supported by adequate justification from the applicant in order to be processed. The
justification is a description of the proposed change, a written explanation of the reason or
reasons for the change; an outline of remaining funds available to support the change; and a full
description of the work necessary to complete the activity. All approvals will be at FEMA’s
discretion, and there is no guarantee that SOW changes will be approved.
PERFORMANCE PERIODS:
All grant award activities, including all projects and/or activities approved under each subaward,
shall be completed within the time period prescribed and authorized on the obligating documents.
All costs must be incurred within the approved performance period.
EXTENSIONS:
Requests for time extensions to the Period of Performance will be considered but will not be
granted automatically and must be supported by adequate justification submitted to the Regional
Office in order to be processed. This justification is a written explanation of the reason or reasons
for the delay; an outline of remaining funds available to support the extended Period of
Performance; and a description of performance measures necessary to complete the activity.
Without justification, extensions requests will not be processed. Financial and Performance
reports must be current in order for a time extension to be considered.
RECOUPMENT OF FUNDS:
FEMA will recoup mitigation planning grant funds for grants that do not meet the deliverable
criteria of an adopted, FEMA-approved mitigation plan by the end of the performance period.
RECOVERY OF FUNDS:
The Recipient will process the recovery of assistance paid to Subrecipients processed through
error, misrepresentation, or fraud or if funds are spent inappropriately. Recovered funds shall be
submitted to FEMA as soon as the funds are collected, but no later than 90 days from the
expiration date of the appropriate grant award agreement.
All fraud identifications will be reported to the FEMA Inspector General’s office. The Recipient
agrees to cooperate with investigation conducted by the FEMA Inspector General’s office.
REFUND, REBATE, CREDITS:
The Recipient shall transfer to FEMA the appropriate share, based on the Federal support
percentage, of any refund, rebate, credit or other amounts arising from the performance of this
agreement, along with accrued interest, if any. The Recipient shall take necessary action to effect
TWDB Contract No. 1900012532 Exhibit A, Page 16 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
8
prompt collection of all monies due or which may become due and to cooperate with FEMA in
any claim or suit in connection with amounts due.
REPORTS:
Federal Financial Reports (SF-425):
The Recipient shall submit the Federal Financial Report (FFR, SF-425) within 30 days of the end
of the first Federal quarter following the initial Grant Agreement. The Recipient shall submit
quarterly FFRs thereafter until the grant ends. Reports are due on January 30, April 30, July 30,
and October 30. A report must be submitted for every quarter of the period of performance,
including partial calendar quarters, as well as for periods where no grant activity occurs. Future
awards and fund drawdowns may be withheld if these reports are delinquent.
Program Performance Reports (SF-PPR):
The Recipient shall submit the Program Performance Reports (SF-PPR) within 30 days of the
end of each quarter. The Regional Administrator may waive the initial report. The Recipient shall
submit quarterly PPRs thereafter until the grant ends. Reports are due on January 30, April 30,
July 30, and October 30. PPRs shall report the name, completion status, expenditure, and
payment-to-date of each approved activity/subaward award under the Grant Award.
Final Reports:
The Recipient shall submit a final FFR and PPR, 90 days after the end date of the performance
period.
TERMINATION:
The Recipient, Subrecipient, or FEMA may terminate grant award agreements by giving written
notice to the other party at least seven (7) calendar days prior to the effective date of the
termination. All notices are to be transmitted via registered or certified mail, return receipt
requested. The Recipient’s authority to incur new costs will be terminated upon the date of
receipt of the notice or the date set forth in the notice. Any costs incurred up to the earlier of the
date of the receipt of the notice or the date of termination set forth in the notice will be negotiated
for final payment. Close out of the Grant Agreement will be commenced and processed as
prescribed under Article VII.
ARTICLE VIII. GOVERNING PROVISIONS
The Recipient and any Subrecipients shall comply with all applicable laws and regulations, and
the Hazard Mitigation Assistance Guidance. A non-exclusive list of laws and regulations
applicable to FMA grants follows.
Applicable Statutes and Regulations
Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
TWDB Contract No. 1900012532 Exhibit A, Page 17 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
9
amended, 42 U.S.C. 5121 et seq., and Related Authorities
Section 1366 (42 USC 4104c), of the National Flood Insurance Act of 1968 (42 U.S.C. §
4104c. – the “NFIA” or “the Act”), as amended by the National Flood Insurance Reform Act
of 1994 (NFIRA), Public Law 103-325, the Bunning-Bereuter-Blumenauer Flood Insurance
Reform Act of 2004, Public Law 108-264, and Biggert-Waters Flood Insurance Reform Act,
Public Law 112-141.
Title 44 of the Code of Federal Regulations (CFR)
44 CFR Part 79-Flood Mitigation Grants
44 CFR Part 80-Property Acquisition and Relocation for Open Space
44 CFR Part 9-Floodplain Management and Protection of Wetlands2 CFR Part 200-Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
31 CFR Part 205-Rules and Procedures for Efficient Federal-State Funds Transfers
2 CFR Part 170, Reporting Subaward and Executive Compensation – Appendix A to Part
170 – Award Term (attached)
48 CFR Subpart 31.2 (Federal Acquisition Regulation)
TWDB Contract No. 1900012532 Exhibit A, Page 18 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2020 DHS Standard Terms and Conditions
1
DHS Standard Terms and Conditions Version 10.1 December 31, 2019
The 2020 DHS Standard Terms and Conditions apply to all new federal financial assistance
awards funded in FY 2020. These terms and conditions flow down to subrecipients, unless an
award term or condition specifically indicates otherwise. The United States has the right to seek
judicial enforcement of these obligations.
Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
DHS financial assistance recipients must complete either the Office of Management and Budget (OMB)
Standard Form 424B Assurances – Non-Construction Programs, or OMB Standard Form 424D
Assurances – Construction Programs, as applicable. Certain assurances in these documents may not
be applicable to your program, and the DHS financial assistance office (DHS FAO) may require
applicants to certify additional assurances. Applicants are required to fill out the assurances applicable
to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any
questions.
DHS financial assistance recipients are required to follow the applicable provisions of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at
Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002.
DHS Specific Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to
comply with applicable provisions governing DHS access to records, accounts, documents,
information, facilities, and staff.
1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by
DHS.
2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and
other documents and sources of information related to the federal financial assistance award and
permit access to facilities, personnel, and other individuals and information as may be necessary, as
required by DHS regulations and other applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials
and maintain appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation
requirements, as prescribed by law or detailed in program guidance.
5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation
Tool within thirty (30) days of receipt of the Notice of Award or, for State Administering Agencies,
thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding
component agency. After the initial submission for the first award under which this term applies,
recipients are required to provide this information once every two (2) years if they have an active
award, not every time an award is made. Recipients should submit the completed tool, including
supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights
obligations and related reporting requirements contained in the DHS Standard Terms and
Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation
tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool.
TWDB Contract No. 1900012532 Exhibit A, Page 19 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2020 DHS Standard Terms and Conditions
2
DHS Standard Terms and Conditions Version 10.1 December 31, 2019
6. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an
extension if the recipient identifies steps and a timeline for completing the tool. Recipients should
request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration
of the 30-day deadline.
Standard Terms & Conditions
I. Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press
releases, requests for proposal, bid invitations, and other documents describing projects or
programs funded in whole or in part with federal funds.
II. Activities Conducted Abroad
Recipients must ensure that project activities carried on outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate
licenses, permits, or approvals are obtained.
III. Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law
Number 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which
prohibits discrimination on the basis of age in any program or activity receiving federal financial
assistance.
IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with
Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at
42 U.S.C. §§ 12101– 12213), 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.
V. Best Practices for Collection and Use of Personally Identifiable Information (PII)
Recipients who collect personally identifiable information (PII) are required to have a publicly
available privacy policy that describes standards on the usage and maintenance of the PII
they collect. DHS defines PII as any information that permits the identity of an individual to
be directly or indirectly inferred, including any information that is linked or linkable to that
individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy
Guidance and Privacy Template as useful resources respectively.
VI. Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964
(codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the
United States will, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program
or activity receiving federal financial assistance. DHS implementing regulations for the Act are
found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
VII. Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as
amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental,
financing, and advertising of dwellings, or in the provision of services in connection therewith, on
the basis of race, color, national origin, religion, disability, familial status, and sex (see
TWDB Contract No. 1900012532 Exhibit A, Page 20 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2020 DHS Standard Terms and Conditions
3
DHS Standard Terms and Conditions Version 10.1 December 31, 2019
42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban
Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the
requirement that new multifamily housing with four or more dwelling units—i.e., the public and
common use areas and individual apartment units (all units in buildings with elevators and
ground-floor units in buildings without elevators)—be designed and constructed with certain
accessible features. (See 24 C.F.R. Part 100, Subpart D.)
VIII. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an
acknowledgement of U.S. Government sponsorship (including the award number) to any work
first produced under federal financial assistance awards.
IX. Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations
implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as
adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance
awards, subawards, and contracts with certain parties that are debarred, suspended, or
otherwise excluded from or ineligible for participation in federal assistance programs or
activities.
X. Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the
recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide
implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988
(41 U.S.C. §§ 8101-8106).
XI. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in
2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to
overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or
federal financial assistance award terms and conditions; or for other reasons. However, these
prohibitions would not preclude recipients from shifting costs that are allowable under two or
more awards in accordance with existing federal statutes, regulations, or the federal financial
assistance award terms and conditions.
XII. Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972,
Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no
person in the United States will, on the basis of sex, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any educational program or activity
receiving federal financial assistance. DHS implementing regulations are codified at
6 C.F.R. Part 17 and 44 C.F.R. Part 19
XIII. Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act,
Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain
policies relating to energy efficiency that are defined in the state energy conservation plan
issued in compliance with this Act.
TWDB Contract No. 1900012532 Exhibit A, Page 21 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2020 DHS Standard Terms and Conditions
4
DHS Standard Terms and Conditions Version 10.1 December 31, 2019
XIV. False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act,
31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for
payment to the federal government. (See 31 U.S.C. §§ 3801-3812, which details the
administrative remedies for false claims and statements made.)
XV. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples
of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit
overpayments. (See OMB Circular A-129.)
XVI. Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while driving
as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the
Order when on official government business or when performing any work for or on behalf of the
federal government.
XVII. Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates
under 49 U.S.C. § 41102) for international air transportation of people and property to the extent
that such service is available, in accordance with the International Air Transportation Fair
Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by
the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller
General Decision B-138942.
XVIII. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990,
15 U.S.C. § 2225a, recipients must ensure that all conference, meeting, convention, or
training space funded in whole or in part with federal funds complies with the fire prevention
and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as
amended at 15 U.S.C. § 2225.)
XIX. Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et
seq.) prohibition against discrimination on the basis of national origin, which requires that
recipients of federal financial assistance take reasonable steps to provide meaningful access
to persons with limited English proficiency (LEP) to their programs and services. For
additional assistance and information regarding language access obligations, please refer to
the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help-department-
supported-organizations-provide-meaningful-access-people-limited and additional resources
on http://www.lep.gov.
XX. Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided
under a federal financial assistance award may be expended by the recipient to pay any person
to influence, or attempt to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with any federal action related to a federal award or contract, including any extension,
continuation, renewal, amendment, or modification.
TWDB Contract No. 1900012532 Exhibit A, Page 22 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2020 DHS Standard Terms and Conditions
5
DHS Standard Terms and Conditions Version 10.1 December 31, 2019
XXI. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969,
Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.(NEPA) and the Council
on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of
NEPA, which require recipients to use all practicable means within their authority, and consistent
with other essential considerations of national policy, to create and maintain conditions under
which people and nature can exist in productive harmony and fulfill the social, economic, and
other needs of present and future generations of Americans.
XXII. Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social service
programs administered or supported by DHS or its component agencies, enabling those
organizations to participate in providing important social services to beneficiaries. Recipients
must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19
and other applicable statues, regulations, and guidance governing the participations of faith-
based organizations in individual DHS programs.
XXIII. Non-Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit
supplanting by law must ensure that federal funds do not replace (supplant) funds that have
been budgeted for the same purpose through non-federal sources.
XXIV. Notice of Funding Opportunity Requirements
All instructions, guidance, limitations, and other conditions set forth in the Notice of Funding
Opportunity (NOFO) for this program are incorporated here by reference in the award terms
and conditions. All recipients must comply with any such requirements set forth in the program
NOFO.
XXV. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise
provided by law. Recipients are subject to the specific requirements governing the
development, reporting, and disposition of rights to inventions and patents resulting from
federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent
rights clause located at 37 C.F.R. § 401.14.
XXVI. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of
the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource
Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at
40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition.
XXVII. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973,
Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no
otherwise qualified handicapped individuals in the United States will, solely by reason of the
handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
TWDB Contract No. 1900012532 Exhibit A, Page 23 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2020 DHS Standard Terms and Conditions
6
DHS Standard Terms and Conditions Version 10.1 December 31, 2019
XXVIII. Reporting of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirements
If the total value of any currently active grants, cooperative agreements, and procurement
contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during
the period of performance of this federal award, then the recipients during that period of time must
maintain the currency of information reported to the System for Award Management (SAM) that is
made available in the designated integrity and performance system (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS) about civil, criminal, or
administrative proceedings described in paragraph 2 of this award term and condition. This is a
statutory requirement under Pub. L. 110-417, § 872, as amended 41 U.S.C. § 2313. As required
by Pub. L. 111-212, § 3010, all information posted in the designated integrity and performance
system on or after April 15, 2011, except past performance reviews required for federal
procurement contracts, will be publicly available.
2. Proceedings about Which Recipients Must Report
Recipients must submit the required information about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or
procurement contract from the federal government;
b. Reached its final disposition during the most recent five-year period; and
c. One or more of the following:
1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this
award term and condition;
2) A civil proceeding that resulted in a finding of fault and liability and payment of a
monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
3) An administrative proceeding, as defined in paragraph 5, that resulted in a finding of
fault and liability and the recipient’s payment of either a monetary fine or penalty of
$5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or
4) Any other criminal, civil, or administrative proceeding if:
a) It could have led to an outcome described in this award term and condition;
b) It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on the recipient’s part; and
c) The requirement in this award term and condition to disclose information about the
proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
Recipients must enter the information that SAM requires about each proceeding described in
paragraph 2 of this award term and condition in the SAM Entity Management area.
Recipients do not need to submit the information a second time under financial assistance
awards that the recipient received if the recipient already provided the information through
SAM because it was required to do so under federal procurement contracts that the recipient
was awarded.
TWDB Contract No. 1900012532 Exhibit A, Page 24 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2020 DHS Standard Terms and Conditions
7
DHS Standard Terms and Conditions Version 10.1 December 31, 2019
4. Reporting Frequency
During any period when recipients are subject to the main requirement in paragraph 1 of
this award term and condition, recipients must report proceedings information through SAM
for the most recent five-year period, either to report new information about any
proceeding(s) that recipients have not reported previously or affirm that there is no new
information to report. Recipients that have federal contract, grant, and cooperative
agreement awards with a cumulative total value greater than $10,000,000 must disclose
semiannually any information about the criminal, civil, and administrative proceedings.
5. Definitions
For the purpose of this award term and condition:
a. Administrative proceeding: means a non-judicial process that is adjudicatory in nature to
decide of fault or liability (e.g., Securities and Exchange Commission Administrative
proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board
of Contract Appeals proceedings). This includes proceedings at the federal and state level
but only in connection with performance of a federal contract or grant. It does not include
audits, site visits, corrective plans, or inspection of deliverables.
b. Conviction: means a judgment or conviction of a criminal offense by any court of competent
jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered
upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts
includes—
1) Only the federal share of the funding under any federal award with a recipient cost
share or match; and
2) The value of all expected funding increments under a federal award and options, even if
not yet exercised.
XXIX. Reporting Subawards and Executive Compensation
1. Reporting of first-tier subawards.
a. Applicability. Unless the recipient is exempt as provided in paragraph 4 of this award term,
the recipient must report each action that obligates $25,000 or more in federal funds that
does not include Recovery funds (as defined in Section 1512(a)(2) of the American
Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (See
definitions in paragraph 5 of this award term).
b. Where and when to report.
1) Recipients must report each obligating action described in paragraph 1 of this award
term to the Federal Funding Accountability and Transparency Act Subaward Reporting
System (FSRS.)
2) For subaward information, recipients report no later than the end of the month following
the month in which the obligation was made. For example, if the obligation was made
on November 7, 2016, the obligation must be reported by no later than December 31,
2016.
TWDB Contract No. 1900012532 Exhibit A, Page 25 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2020 DHS Standard Terms and Conditions
8
DHS Standard Terms and Conditions Version 10.1 December 31, 2019
c. What to report. The recipient must report the information about each obligating action that
the submission instructions posted at http://www.fsrs.gov.
2. Reporting Total Compensation of Recipient Executives.
a. Applicability and what to report. Recipients must report total compensation for
each of the five most highly compensated executives for the preceding completed
fiscal year, if—
1) The total federal funding authorized to date under this award is $25,000 or more;
2) In the preceding fiscal year, recipients received—
a) 80 percent or more of recipients’ annual gross revenues from federal
procurement contracts (and subcontracts) and federal financial assistance
subject to the Federal Funding Accountability and Transparency Act
(Transparency Act), as defined at 2 C.F.R. 170.320 (and subawards); and
b) $25,000,000 or more in annual gross revenues from federal procurement
contracts (and subcontracts) and federal financial assistance subject to the
Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and
c) The public does not have access to information about the compensation of
the executives through periodic reports filed under Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section
6104 of the Internal Revenue Code of 1986. (See the U.S. Security and
Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm. to determine if the public has
access to the compensation information.)
b. Where and when to report. Recipients must report executive total compensation
described in paragraph 2.a. of this award term:
1) As part of the recipient’s registration profile at https://www.sam.gov.
2) By the end of the month following the month in which this award is made, and annually
thereafter.
3. Reporting of Total Compensation of Subrecipient Executives.
a. Applicability and what to report. Unless recipients are exempt as provided in
paragraph 4. of this award term, for each first-tier subrecipient under this award,
recipients shall report the names and total compensation of each of the
subrecipient's five most highly compensated executives for the subrecipient's
preceding completed fiscal year, if—
1) In the subrecipient's preceding fiscal year, the subrecipient received—
a) 80 percent or more of its annual gross revenues from Federal procurement contracts
(and subcontracts) and Federal financial assistance subject to the Transparency
Act, as defined at 2 C.F.R. 170.320 (and subawards); and
TWDB Contract No. 1900012532 Exhibit A, Page 26 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2020 DHS Standard Terms and Conditions
9
DHS Standard Terms and Conditions Version 10.1 December 31, 2019
b) $25,000,000 or more in annual gross revenues from Federal procurement contracts
(and subcontracts), and federal financial assistance subject to the Transparency
Act (and subawards); and
c) The public does not have access to information about the compensation of
the executives through periodic reports filed under Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or Section
6104 of the Internal Revenue Code of 1986. (See the U.S. Security and
Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm. to determine if the public has
access to the compensation information.)
b. Where and when to report. Subrecipients must report subrecipient executive
total compensation described in paragraph 3.a. of this award term:
1) To the recipient.
2) By the end of the month following the month during which recipients make the
subaward. For example, if a subaward is obligated on any date during the month of
October of a given year (i.e., between October 1 and 31), subrecipients must report any
required compensation information of the subrecipient by November 30 of that year.
4. Exemptions
If, in the previous tax year, recipients had gross income, from all sources, under $300,000, then
recipients are exempt from the requirements to report:
a. Subawards, and
b. The total compensation of the five most highly compensated executives of any subrecipient.
5. Definitions For purposes of this award term:
a. Entity: means all of the following, as defined in 2 C.F.R. Part 25:
1) A governmental organization, which is a state, local government, or Indian tribe.
2) A foreign public entity.
3) A domestic or foreign nonprofit organization.
4) A domestic or foreign for-profitorganization.
5) A federal agency, but only as a subrecipient under an award or subaward to a non-
federal entity.
b. Executive: means officers, managing partners, or any other employees in management
positions.
c. Subaward: means a legal instrument to provide support for the performance of any portion
of the substantive project or program for which the recipient received this award and that
the recipient awards to an eligible subrecipient.
TWDB Contract No. 1900012532 Exhibit A, Page 27 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2020 DHS Standard Terms and Conditions
10
DHS Standard Terms and Conditions Version 10.1 December 31, 2019
1) The term does not include recipients’ procurement of property and services needed
to carry out the project or program.
2) A subaward may be provided through any legal agreement, including an agreement that
a recipient or a subrecipient considers a contract.
d. Subrecipient: means an entity that:
1) Receives a subaward from the recipient under this award; and
2) Is accountable to the recipient for the use of the federal funds provided by the
subaward.
e. Total compensation: means the cash and noncash dollar value earned by the executive
during the recipient's or subrecipient's preceding fiscal year and includes the following
(See 17 C.F.R. § 229.402(c)(2)):
1) Salary and bonus.
2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised
2004) (FAS 123R), Shared Based Payments.
3) Earnings for services under non-equity incentive plans. This does not include group
life, health, hospitalization or medical reimbursement plans that do not discriminate in
favor of executives and are available generally to all salaried employees.
4) Change in pension value. This is the change in present value of defined benefit
and actuarial pension plans.
5) Above-market earnings on deferred compensation which is not tax-qualified.
6) Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the executive exceeds $10,000.
XXX. SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide
emergency communication equipment and its related activities must comply with the
SAFECOM Guidance for Emergency Communication Grants, including provisions on technical
standards that ensure and enhance interoperable communications.
XXXI. Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the
provisions of resources and support to, individuals and organizations associated with terrorism.
Recipients are legally responsible to ensure compliance with the Order and laws.
TWDB Contract No. 1900012532 Exhibit A, Page 28 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2020 DHS Standard Terms and Conditions
11
DHS Standard Terms and Conditions Version 10.1 December 31, 2019
XXXII. Trafficking Victims Protection Act of 2000 (TVPA)
Trafficking in Persons.
1. Provisions applicable to a recipient that is a private entity.
a. Recipients, the employees, subrecipients under this award, and subrecipients' employees
may not—
1) Engage in severe forms of trafficking in persons during the period the award is in
effect.
2) Procure a commercial sex act during the period that the award is in effect.
3) Use forced labor in the performance of the award or subawards under the award.
b. DHS may unilaterally terminate this award, without penalty, if a recipient or a subrecipient
that is a private entity —
1) Is determined to have violated a prohibition in paragraph 1.a of this award term; or
2) Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph 1.a of this award term through
conduct that is either—
a) Associated with performance under this award; or
b) Imputed to recipients or subrecipients using the standards and due process for
imputing the conduct of an individual to an organization that are provided in
2 C.F.R. Part 180, “OMB Guidelines to Agencies on Government-wide Debarment
and Suspension (Nonprocurement),” as implemented by our agency at 2 C.F.R.
Part 3000.
2. Provision applicable to recipients other than a private entity.
DHS may unilaterally terminate this award, without penalty, if a subrecipient that is a private
entity—
a. Is determined to have violated an applicable prohibition in paragraph 1.a of this award term;
or
b. Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph 1.a of this award term through
conduct that is either—
1) Associated with performance under this award; or
2) Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, “OMB
Guidelines to Agencies on Government-wide Debarment and Suspension
(Nonprocurement),” as implemented by our agency at 2 C.F.R. Part 3000.
TWDB Contract No. 1900012532 Exhibit A, Page 29 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2020 DHS Standard Terms and Conditions
12
DHS Standard Terms and Conditions Version 10.1 December 31, 2019
3. Provisions applicable to any recipient.
a. Recipients must inform DHS immediately of any information received from any source
alleging a violation of a prohibition in paragraph 1.a of this award term.
b. It is DHS’s right to terminate unilaterally that is described in paragraph 1.b or 2 of this
section:
1) Implements TVPA, Section 106(g) as amended by 22 U.S.C. 7104(g)), and
2) Is in addition to all other remedies for noncompliance that are available to us under this
award.
c. Recipients must include the requirements of paragraph 1.a of this award term in any
subaward made to a private entity.
4. Definitions. For the purposes of this award term:
a. Employee: means either:
1) An individual employed by a recipient or a subrecipient who is engaged in the
performance of the project or program under this award; or
2) Another person engaged in the performance of the project or program under this award
and not compensated by the recipient including, but not limited to, a volunteer or
individual whose services are contributed by a third party as an in-kind contribution
toward cost sharing or matching requirements
b. Forced labor: means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through
the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.
c. Private entity: means any entity other than a state, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 C.F.R. § 175.25. It includes:
1) A nonprofit organization, including any nonprofit institution of higher education, hospital,
or tribal organization other than one included in the definition of Indian tribe at
2 C.F.R. § 175.25(b).
2) A for-profit organization.
d. Severe forms of trafficking in persons, commercial sex act, and coercion are defined in
TVPA, Section 103, as amended in 22 U.S.C. § 7102.
XXXIII. Universal Identifier and System of Award Management
1. Requirement for System for Award Management
Unless the recipient is exempted from this requirement under 2 C.F.R. § 25.110, the recipient
must maintain the currency of their information in the SAM until the recipient submits the final
financial report required under this award or receive the final payment, whichever is later.
This requires that the recipient review and update the information at least annually after the
initial registration, and more frequently if required by changes in the recipient’s information or
TWDB Contract No. 1900012532 Exhibit A, Page 30 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2020 DHS Standard Terms and Conditions
13
DHS Standard Terms and Conditions Version 10.1 December 31, 2019
another award term.
2. Requirement for unique entity identifier
If recipients are authorized to make subawards under this award, they:
a. Must notify potential subrecipients that no entity (see definition in paragraph 3 of this
award term) may receive a subaward from the recipient unless the entity has provided its
unique entity identifier to the recipient.
b. May not make a subaward to an entity unless the entity has provided its unique entity
identifier to the recipient.
3. Definitions
For purposes of this award term:
a. System for Award Management (SAM): means the federal repository into which an
entity must provide information required for the conduct of business as a recipient.
Additional information about registration procedures may be found on SAM.gov.
b. Unique Entity Identifier (UEI): means the identifier required for SAM registration to
uniquely identify business entities.
c. Entity: means all of the following, as defined at 2 C.F.R. Part 25, Subpart C:
1) A governmental organization, which is a state, local government, or Indian Tribe;
2) A foreign public entity;
3) A domestic or foreign nonprofit organization;
4) A domestic or foreign for-profit organization; and
5) A federal agency, but only as a subrecipient under an award or subaward to a non-
federal entity.
d. Subaward: means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which a recipient received this award
and that the recipient awards to an eligible subrecipient.
1) The term does not include the recipient’s procurement of property and services
needed to carry out the project or program. (See 2 C.F.R. § 200.330.)
2) A subaward may be provided through any legal agreement, including an
agreement that a recipient considers a contract.
e. Subrecipient means an entity that:
1) Receives a subaward from the recipient under this award; and
2) Is accountable to the recipient for the use of the federal funds provided bythe
subaward.
TWDB Contract No. 1900012532 Exhibit A, Page 31 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
2020 DHS Standard Terms and Conditions
14
DHS Standard Terms and Conditions Version 10.1 December 31, 2019
XXXIV. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of
2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
XXXV. Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos,
crests or reproductions of flags or likenesses of DHS agency officials, including use of the United
States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard
officials.
XXXVI. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if
applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304
and 4310.
TWDB Contract No. 1900012532 Exhibit A, Page 32 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
myRoles
Grant Application
Subgrant Application
OMB Circular A-87
Workflow Diagram
Cost Review (Grants)
FMA-PJ-06-TX-2019-002 (0): City of Pearland Flood Mitigation Assistance
Program FY 2020 [EMT-2020-FM-E006 (2)]
Complete all applicable fields (Eligible, Unit Quantity, and Unit Cost) in order to obtain the Total Cost Revision History
Elevation of Private Structures - Riverine
Cost Type Item Name Office Eligible Unit Quantity
Unit of
Measure Unit Cost Total Cost
Administrative
Expense
Program
Administration
Applicant N/A 1 EA $35,000.00 $35,000.00
Grants
1
######.##
(e.g., 10.25,
100.5, 1000)
EA
$
35000.00
########.## (e.g.,
10.00, 512.35,
11250.75)
$
35000.00
Construction
And Project
Improvement
Elevation -
Construction
Applicant N/A 5 EA $5,500.00 $27,500.00
Grants
5
######.##
(e.g., 10.25,
100.5, 1000)
EA
$
5500.00
########.## (e.g.,
10.00, 512.35,
11250.75)
$
27500.00
Construction
And Project
Improvement
Elevation -
Construction
Applicant N/A 1 EA $955,040.00 $955,040.00
Grants
1
######.##
(e.g., 10.25,
100.5, 1000)
EA
$
955040.00
########.## (e.g.,
10.00, 512.35,
11250.75)
$
955040.00
Relocation
Expenses
Temporary
living
expenses
Applicant N/A 5 EA $11,250.00 $56,250.00
Grants
5
######.##
(e.g., 10.25,
100.5, 1000)
EA
$
11250.00
########.## (e.g.,
10.00, 512.35,
11250.75)
$
56250.00
Proposed Total Cost (A):$1,073,790.00 *Total Eligible Cost (D):$1,073,790.00
Proposed Federal Share % (B):100.00000000%*Total Ineligible Cost (E = A - D):$0.00
Proposed Federal Share (C = A *
B):$1,073,790.00 *Eligible Federal Share (F = D *
B):$1,073,790.00
Proposed Non Federal Share (A -
C):$0.00 *Eligible Non-Federal Share (G =
D - F):$0.00
*Calculated based on the Eligible Cost (Grants)
numbers.
Back Save Revise
eGrants: Flood Mitigation Assistance
Version: 5.24.00.00 09/03/2020 09:00 AM Server: PROD
Skip Navigation Error Log Home eGrants Home Logout
myGrants Pre-Award Eligibility Awards Quarterly Reports Reports Search
Data Warehouse Privacy Policy Accessibility Contact Us Home eGrants Home Logout Download Plugins
Page 1 of 1eGrants - Flood Mitigation Assistance | Cost Review Grants
TWDB Contract No. 1900012532 Exhibit A, Page 33 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 1 of 28
The Department of Homeland Security
Notice of Funding Opportunity
FY 2019 Flood Mitigation Assistance
NOTE: If you are going to apply for this funding opportunity and have not obtained a
Data Universal Numbering System (DUNS) number and/or are not currently registered in
the System for Award Management (SAM), please take immediate action to obtain a DUNS
number, if applicable, and then to register immediately in SAM. It may take 4 weeks or
more after you submit your SAM registration before your registration is active in SAM,
and then an additional 24 hours for Grants.gov to recognize your information. Information
on obtaining a DUNS number and registering in SAM is available from Grants.gov at
http://www.grants.gov/web/grants/Applicants/organization-registration.html. Detailed
information regarding DUNS and SAM is also provided in Section D of this Notice of Funding
Opportunity (NOFO), subsection, Content and Form of Application Submission.
A. Program Description
Issued By
U.S. Department of Homeland Security (DHS),
Federal Emergency Management Agency (FEMA),
Federal Insurance and Mitigation Administration (FIMA),
Hazard Mitigation Assistance Division (HMA)
Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number)
97.029
Assistance Listings Title (formerly CFDA Title)
Flood Mitigation Assistance
Notice of Funding Opportunity Title
FY 2019 Flood Mitigation Assistance
NOFO Number
DHS-19-MT-029-000-99
Authorizing Authority for Program
Section 1366 of The National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448)
(42 U.S.C. 4104c)
Appropriation Authority for Program
Consolidated Appropriations Act, 2019 (Pub. L. No. 116-6)
Program Type
One-time
TWDB Contract No. 1900012532 Exhibit A, Page 34 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 2 of 28
Program Overview, Objectives, and Priorities
The Flood Mitigation Assistance (FMA) Program makes Federal funds available to States,
U.S Territories, Indian Tribal governments, and local communities to reduce or eliminate the
risk of repetitive flood damage to buildings and structures insured under the National Flood
Insurance Program (NFIP). The FMA program strengthens national preparedness and
resilience and supports the mitigation mission area through Strategic Goal #1 Building a
Culture of Preparedness, Objectives 1.1, 1.2, 1.3, and 1.4 of the 2018 – 2022 FEMA Strategic
Plan.
In Fiscal Year (FY) 2019, the FMA Program will prioritize proposals that address
community flood risk by setting aside $70 million for this purpose. FEMA will seek to fund
two types of community flood mitigation activities:
Advance Assistance for flood mitigation design and development of community flood
mitigation projects that will subsequently reduce flood claims, up to $4 million.
Mitigation projects that address community flood risk for the purpose of reducing NFIP
flood claim payments, remaining $70 million after Advance Assistance applications are
selected.
The remaining funding, at least $140 million, will be used for FMA technical assistance,
flood mitigation planning, and mitigation projects that reduce the risk of flooding to severe
repetitive loss (SRL) and repetitive loss (RL) properties. See Section E, Application Review
Information, of this NOFO for more information on FY 2019 FMA funding priorities.
Performance Metrics:
FEMA has specified minimum project criteria via regulation (44 Code of Federal
Regulations (CFR) Part 79), including that Applicants must demonstrate mitigation projects
are cost effective. Benefit-Cost Analysis (BCA) is the method by which the future benefits of
a hazard mitigation project are determined and compared to its costs. The end result is a
Benefit-Cost Ratio (BCR), which is calculated by a project’s total benefits divided by its total
costs. The BCR is a numerical expression of the "cost-effectiveness" of a project. A project is
considered to be cost effective when the BCR is 1.0 or greater, indicating the benefits of a
prospective hazard mitigation project are sufficient to justify the costs. Projects that are not
cost-effective will not be eligible.
B. Federal Award Information
Award Amounts, Important Dates, and Extensions
Available Funding for the NOFO: $210,000,000
Projected number of Awards: 120
Period of Performance: 36 Months
(Period of Performance for Community Flood Mitigation projects will be 48 months)
The Period of Performance (POP) starts with the acceptance of the award and ends no later
than 36 months from the funding Selections Date (see Section D, Application and
Submission Information, of this NOFO). Given the complexity of the Community Flood
Mitigation projects, the POP starts with the acceptance of the award and ends no later than 48
months from the funding Selection Date (see Section D, Application and Submission
Information, of this NOFO).
TWDB Contract No. 1900012532 Exhibit A, Page 35 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 3 of 28
An extension to the Period of Performance for grants under this program is allowed. For
details on the requirements for requesting an extension to the Period of Performance, please
refer to Section H, Additional Information Extensions, of this NOFO.
Projected POP Start Date: various
Projected POP End Date: 36 months
Projected Community Flood Mitigation POP End Date: 48 months
Funding Instrument
Grant
C. Eligibility Information
Eligible Applicants
States
District of Columbia
U.S. Territories
Federally-recognized Indian Tribal governments
Each State, Territory, or Native American Tribal government shall designate one agency to
serve as the Applicant for FMA funding. Certain political subdivisions (i.e., regional flood
control districts or county governments) may apply and act as subapplicants if they are part
of a community that is participating in the National Flood Insurance Program (NFIP) where
the political subdivision provides zoning and building code enforcement or planning and
community development professional services for that community.
Local governments, including cities, townships, counties, special district governments, and
non-Federally recognized tribal governments, or Federally-recognized tribes who choose to
apply as subapplicants, are considered subapplicants and must submit subapplications for
flood mitigation planning and projects to their State/territory/tribe Applicant agency. Contact
information for the State Hazard Mitigation Officers (SHMOs) is provided on the FEMA
website at http://www.fema.gov/state-hazard- mitigation-officers.
Eligibility Criteria
To be considered for funding, all Applicants must submit their FY 2019 FMA grant
application to FEMA via FEMA’s grant application system (see Section D, Application and
Submission Information, of this NOFO).
All subapplicants must be participating in the NFIP, and not be withdrawn or suspended, to
be eligible to apply for FMA grant funds. Structures identified in the subapplication must
have an NFIP policy in force at the opening of the application period, October 1, 2019, and
must maintain it through completion of the mitigation activity and for the life of the structure.
All subapplications submitted under the community flood mitigation Advance
Assistance priority (see Section E, Application Review Information, of this NOFO)
must prove that future projects submitted would benefit NFIP-insured properties by
TWDB Contract No. 1900012532 Exhibit A, Page 36 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 4 of 28
submitting a map and associated geospatial file(s) (e.g., Shapefile, KML/KMZ,
Geodatabase, or other GIS enabled document) delineating the proposed project’s
benefiting area.
All subapplications submitted under the community flood mitigation project priority
(see Section E, Application Review Information, of this NOFO) must prove that the
proposed project benefits NFIP-insured properties by submitting a map and
associated geospatial file(s) (e.g., Shapefile, KML/KMZ, Geodatabase, or other GIS
enabled document) delineating: the proposed project footprint boundary, the area
benefitting from project, and active NFIP policies (if this data is available).
All Applicants and subapplicants submitting project, advance assistance and technical
assistance subapplications must have a FEMA-approved mitigation plan by the application
deadline and at the time of obligation of grant funds in accordance with Title 44 of CFR Part
201. Subapplications submitted by Applicants or subapplicants that do not have an approved
and adopted mitigation plan as of the application deadline are ineligible.
All project, advance assistance and technical assistance subapplications submitted as part of a
FMA grant application must be consistent with the goals and objectives identified in: the
current, FEMA-approved State or Tribal (Standard or Enhanced) Mitigation Plan, and the
local mitigation plan for the jurisdiction in which the project is located. Hazard Mitigation
Plans should reflect state-wide mitigation priorities, across all potential Federal and non-
Federal mitigation funding sources. Current mitigation plans are not required for Applicants
and Subapplicants submitting planning subapplications to develop a new flood mitigation
plan or to update the flood portion of mitigation plan.
In addition, communities are encouraged, but not required, to pursue Plan Integration, which
is a process where communities look critically at their existing planning framework and align
efforts. Integration of hazard mitigation principles into other local planning mechanisms
(comprehensive plans, transportation plans, floodplain ordinances, etc.) and vice versa is
vital to build a safer, more resilient community. This two-way exchange of information
supports community-wide risk reduction, both before and after disasters occur. Not only will
the community’s planning efforts be better integrated, but by going through this process there
is a higher level of interagency coordination, which is just as important as the planning
mechanisms themselves. Additional information on Plan Integration can be found at
https://www.fema.gov/media-library/assets/documents/108893
To be eligible to receive community flood mitigation project funding, communities must be
in favorable standing with the NFIP. NFIP community status can be verified at
https://www.fema.gov/national-flood-insurance-program-community-status-book.
Cost Share or Match
Cost share is required under this program. Recipients (see Section F Federal Award
Administration Information, of this NOFO for definition) must provide a cost share of 25
percent of eligible activity costs derived from non-Federal sources with FEMA contributing
up to a 75 percent Federal cost share. The cost share applies to all projects under this
program, including community flood mitigation projects.
TWDB Contract No. 1900012532 Exhibit A, Page 37 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 5 of 28
The non-Federal cost-share contribution is calculated based on the total cost of the proposed
activity. For example, if the total cost is $400,000 and the non-Federal cost share is 25
percent, then the non-Federal contribution is $100,000: 25 percent of $400,000 is $100,000.
FEMA may contribute up to 100 percent Federal cost share for SRL properties. FEMA may
contribute up to 90 percent Federal cost share for RL properties.
An SRL property is a structure that:
(a) Is covered under a contract for flood insurance made available under the NFIP; and
(b) Has incurred flood-related damage
i. For which four or more separate claims payments (includes building and contents)
have been made under flood insurance coverage with the amount of each such claim
exceeding $5,000, and with the cumulative amount of such claims payments
exceeding $20,000, or
ii. For which at least two separate claims payments (includes only building) have been
made under such coverage, with the cumulative amount of such claims exceeding the
market value of the insured structure.
A RL property is a structure covered by a contract for flood insurance made available under
the NFIP that:
(a) Has incurred flood-related damage on two occasions, in which the cost of the repair, on
the average, equaled or exceeded 25 percent of the market value of the structure at the
time of each such flood event; and
(b) At the time of the second incidence of flood-related damage, the contract for flood
insurance contains Increased Cost of Compliance coverage.
To receive an increased Federal cost share, properties must meet one of the definitions for
SRL or RL properties. Applicants and subapplicants that are requesting an increased Federal
cost share must submit documentation with their application or subapplication demonstrating
that properties meet these definitions. If documentation is not submitted with the application
or subapplication to support a reduced non-Federal cost share, FEMA will provide no more
than 75 percent Federal cost share of the total eligible costs. The remaining 25 percent of
eligible activity costs are derived from non-Federal sources.
Structures with different Federal cost-share requirements can be submitted in a single project
subapplication. The overall project Federal cost share documented in the Cost Share Section
of the project subgrant subapplication should reflect the combined Federal cost shares of the
structures. For example, a project with $100,000 costs for one SRL structure funded at 100
percent Federal cost share plus $100,000 costs for one RL structure funded at 90 percent
Federal cost share will have an overall project Federal cost share of 95 percent, or $190,000,
of the $200,000 total cost for both structures.
For insular areas, including American Samoa, Guam, the Northern Mariana Islands, and the
U.S. Virgin Islands, FEMA automatically waives the non-Federal cost share when the non-
Federal cost share for the entire grant is under $200,000. If the non-Federal cost share for the
entire grant is $200,000 or greater, FEMA may waive all or part of the cost share. If FEMA
TWDB Contract No. 1900012532 Exhibit A, Page 38 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 6 of 28
does not waive the cost share, the insular area must pay the entire non-Federal cost-share
amount, not only the amount over $200,000.
More detailed information is provided in Part III, C, and Cost Sharing, of the HMA
Guidance, available on the FEMA website at http://www.fema.gov/media-
library/assets/documents/103279.
D. Application and Submission Information
Key Dates and Times
Date Posted to Grants.gov: 8/26/2019
Application Start Date: 9/30/2019
Application Submission Deadline: 01/31/2020 at 3:00 p.m.
[Eastern Standard Time]
Anticipated Funding Selection Date: 06/01/2020
Anticipated Award Date: 12/30/2020
To be considered timely, a FMA grant application must be submitted by the application
deadline via FEMA’s grant application system, and the Applicant must have received a
confirmation message in FEMA’s grant application system that indicates successful FMA
grant submission to FEMA. FEMA recommends that Applicants attach approved planning,
project, technical assistance, advance assistance and management costs subgrant applications
to their FMA grant applications at least 72 hours prior to the application deadline to allow
time for the Applicant to review and correct issues that may prevent subgrant applications
from being attached to a FMA grant application (see the Content and Form of Application
Submission subsection below). Applications not received by the application submission
deadline will not be accepted.
Other Key Dates
Event Suggested Deadline for Completion
Obtain DUNS Number Four weeks before actual submission
deadline
Obtain a valid Employer Identification
Number (EIN)
Four weeks before actual submission
deadline
Register with the System for Award
Management (SAM)
Four weeks before actual submission
deadline
Register for access to FEMA’s grant
application system
Four weeks before actual submission
deadline
Create an FMA grant application and attach
approved planning, technical assistance,
advance assistance, project, and
management costs subgrant applications in
FEMA’s grant application system
Seventy-two hours before actual
submission deadline
TWDB Contract No. 1900012532 Exhibit A, Page 39 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 7 of 28
Address to Request Application Package
FEMA will only process applications received via FEMA’s grant application system.
Information, training and resources on FEMA’s grant application system are available on the
FEMA website at https://www.fema.gov/application-submittal (see section G, DHS
Awarding Agency Contact Information, of this NOFO).
For a hardcopy of the full NOFO, please write or fax a request to:
Kayed Lakhia
Director, Hazard Mitigation Assistance Division, Mitigation Directorate
Federal Insurance and Mitigation Administration
Federal Emergency Management Agency
400 C Street, SW
Washington, DC 20472
FAX: (202) 646-2880
In addition, the following Telephone Device for the Deaf (TDD) and/or Federal Information
Relay Service (FIRS) number available for this Notice is 1-800-462-7585.
Content and Form of Application Submission
All Applicants must submit a complete FMA grant application via FEMA’s grant application
system by the application deadline to be considered for FMA funding. The required format
for grant and subgrant applications is built into FEMA’s grant application system,
Mitigation planning activities must be submitted in a planning subgrant application;
Community flood mitigation Advance Assistance activities must be submitted in a
planning subgrant application;
Community flood mitigation project activities and SRL or RL property mitigation
projects must be submitted in a project subgrant application;
Applicant management costs (for Applicants only) must be submitted in a management
costs subgrant application;
Technical assistance costs (for Recipients to which FEMA obligated at least $1 million
FMA awards in FY 2018) must be submitted in a technical assistance subgrant
application;
FMA grant applications, including applicant-approved planning, project, management
costs, advance assistance and technical assistance subapplications must be submitted in
an FY 2019 FMA grant application.
Blank copies of applications that conform to FEMA’s grant application system format are
available for reference only at https://www.fema.gov/application-submittal. FEMA will not
accept these as an application package.
Wherever possible, supporting documentation for applications should be attached
electronically in FEMA’s grant application system. Over-sized items that cannot be scanned
may be mailed to the respective FEMA Regional offices as necessary
(https://www.fema.gov/fema-regional-office-contact-information); however, Applicants must
provide information regarding the paper attachments and the date mailed to FEMA in the
Comments and Attachment section of the application in FEMA’s grant application system.
TWDB Contract No. 1900012532 Exhibit A, Page 40 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 8 of 28
Also, the documents must be postmarked by the submission deadline to be considered as part
of the application. The Applicant is responsible for following up with FEMA to ensure that
paper documents were received for consideration during the review process.
National Environmental Policy Act Requirements for Mitigation Projects.
Applicants and subapplicants applying for mitigation projects must provide information
needed to comply with the National Environmental Policy Act (NEPA) (42 U.S.C. 4321–
4370h) and the related DHS and FEMA instructions and directives (i.e., DHS Directive 023-
01, DHS Instruction Manual 023-01-001-01, FEMA Directive 108-1, FEMA Instruction 108-
1-1). The required information is included in the subgrant application in FEMA’s grant
application system.
Benefit Cost Analysis for Mitigation Projects.
Applicants and subapplicants applying for mitigation projects must provide a Benefit Cost
Analysis (BCA) or other documentation that validates cost-effectiveness. BCA is the method
of estimating the future benefits of a project compared to its cost. The end result is a benefit-
cost ratio (BCR), which is derived from a project’s total net benefits divided by its total
project cost. The total benefits and costs must be entered in the Cost-Effectiveness section of
the project subapplication and a FEMA-approved BCA must be attached as documentation,
as applicable. Planning, advance assistance, technical assistance and management costs
subapplications do not require a BCA.
FEMA has created software to ensure that the BCR is calculated in accordance with FEMA's
standardized methodologies and OMB Circular A-94, Guidelines and Discount Rates for
Benefit-Cost Analysis of Federal Programs, available on the Internet at
https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A94/a094.pdf FEMA’s
Benefit Cost Toolkit is available on the FEMA website at www.fema.gov/benefit-cost-
analysis. Version 5.3 or newer are the only versions FEMA will accept as documentation for
demonstrating cost effectiveness. A non-FEMA BCA methodology may only be used if pre-
approved by FEMA in writing. More detailed information is available in Part IV, I, Cost
Effectiveness, of the HMA Guidance, available on the FEMA website at
http://www.fema.gov/media-library/assets/documents/103279.
Application for Federal Assistance and Assurances and Certifications Forms.
Applicants must complete the following forms and attach them to their FMA grant
application in FEMA’s grant application system for submittal by the application deadline:
Application for Federal Assistance (SF-424),
Budget Information:
o Budget Information for Non-Construction Programs (SF-424A), OMB #4040-
0006, or Budget Information for Construction Programs (SF- 424C), and
Assurances and Certifications:
o Assurances for Construction Programs (SF-424D),
o Certifications Regarding Lobbying, Debarment, Suspension and Other
Responsibility Matters; and Drug-Free Workplace Requirements (FEMA Form
20-16C), and
TWDB Contract No. 1900012532 Exhibit A, Page 41 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 9 of 28
o Disclosure of Lobbying Activities (SF-LLL), (if the Applicant has engaged in or
intends to engage in lobbying activities).
The SF-424 family of forms is available on the Grants.gov website at
http://www.grants.gov/web/grants/forms/sf-424-family.html. The FEMA Form FF 20-16C,
Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility
Matters; and Drug-Free Workplace Requirements is available from the FEMA library online
at https://www.fema.gov/media-library/assets/documents/9754.
Applicants may require their subapplicants to complete and attach the grant application
and/or Assurance and Certifications forms to their planning, advance assistance, technical
assistance and project subapplications in FEMA’s grant application system.
Subapplicants should contact their Applicant agency for information specific to their
State/territory/tribe’s application process. Contact information for the SHMOs is provided on
the FEMA website at http://www.fema.gov/state-hazard-mitigation-officers.
Unique Entity Identifier and System for Award Management (SAM)
Each Applicant for this award must:
1. Be registered in SAM before submitting its application;
2. Provide a valid DUNS number in its application; and
3. Continue to maintain an active SAM registration with current information at all
times during which it has an active Federal award or an application or plan under
consideration by a DHS Federal Award Office (FAO).
DHS may not make a Federal award to an Applicant until the Applicant has complied with
all applicable DUNS and SAM requirements. If an Applicant has not fully complied with the
requirements by the time DHS is ready to make a Federal award, DHS may determine that
the Applicant is not qualified to receive a Federal award and use that determination as a basis
for making a Federal award to another Applicant.
How to Register to Apply
1. Instructions: Read the instructions below about registering to apply for DHS funds.
Applicants should read the registration instructions carefully and prepare the
information requested before beginning the registration process. Reviewing and
assembling the required information before beginning the registration process will
alleviate last-minute searches for required information.
The registration process can take up to 4 weeks to complete. Therefore, registration
should be done in sufficient time to ensure it does not affect your ability to meet
required application submission deadlines.
Organizations must have a DUNS number, active SAM registration, and FEMA grant
application system registration account to apply for grants.
If individual Applicants are eligible to apply for this grant funding opportunity, refer
to the NOFO subsection below: How to Submit an Application to DHS via
FEMA’s Grant Application System.
TWDB Contract No. 1900012532 Exhibit A, Page 42 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 10 of 28
2. Obtain a DUNS Number: All entities applying for funding, including renewal
funding, must have a DUNS number from Dun and Bradstreet (D&B).
For more detailed instructions for obtaining a DUNS number, refer to
https://www.grants.gov/web/grants/applicants/organization-registration/step-1-obtain-
duns-number.html
3. Register with SAM: In addition to having a DUNS number, all organizations
applying online through Grants.gov must register with SAM. Failure to register with
SAM will prevent your organization from applying through Grants.gov. SAM
registration must be renewed annually.
For more detailed instructions for registering with SAM, refer to
https://www.grants.gov/web/grants/Applicants/organization-registration/step-2-
register-with-sam.html
4. Register for access to FEMA’s Grant Application System: The next step in the
registration process is to create an account for FEMA’s grant application system. For
detailed instructions on registering, refer to https://www.fema.gov/application-
submittal.
5. Electronic Signature: When applications are submitted through FEMA’s grant
application system, the name of the AOR that submitted the application is inserted
into the signature line of the application, serving as the electronic signature.
How to Submit an Application to DHS via FEMA’s Grant Application System
1. Subapplicants must create planning, project, advance assistance and/or technical
assistance subgrant applications and submit them to their Applicant organization.
Subapplicants should contact their Applicant agency for information specific to their
State/tribe/territory’s application process. Contact information for the SHMOs is
provided on the FEMA website at http://www.fema.gov/state-hazard-mitigation-
officers.
If a subapplicant does not use FEMA’s grant application system to submit planning,
advance assistance, technical assistance and/or project subapplications to the
Applicant, then the Applicant must enter the subapplication(s) into FEMA’s grant
application system on the subapplicant’s behalf.
2. Applicants must review and approve planning, project, advance assistance and
technical assistance subgrant applications submitted by their subapplicants.
Applicants must ensure that accurate NFIP policy numbers and RLnumbers are
included in the Properties section of project subapplications in FEMA’s grant
application system to be considered for competitive property flood mitigation project
funding (see Section E, Review and Selection Process, of this NOFO).
3. Applicants must create an FMA grant application, approve the subgrant applications.
The approved planning, project, advance assistance, technical assistance, and
management costs subgrant applications may then be submitted and added to the
grant application by the Applicant and/or subapplicants.
TWDB Contract No. 1900012532 Exhibit A, Page 43 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 11 of 28
4. Applicants must rank all the subgrant applications included in their grant application
in FEMA’s grant application system.
Applicants may indicate their State/territory/tribe’s priorities for funding in the
Comments to FEMA section of the grant application; the subgrant ranking should not
be used for that purpose.
FEMA will select the highest ranked eligible subapplication(s) for Advance
Assistance from each Applicant not to exceed $200,000 total Federal cost share and
will select the highest ranked eligible community flood mitigation subapplication(s)
from each Applicant up to $10 million Federal cost share (see Section E, Review and
Selection Process, of this NOFO for further information).
Applicants submitting community flood mitigation Advance Assistance and project
subgrant applications must identify these subgrant applications as such in the
subapplication title. Community flood mitigation advance assistance must include
“Advance Assistance” in the subgrant application title. Community flood mitigation
projects must include “Community Flood Mitigation Project” in the subgrant
application title (see Section E, Review and Selection Process, of this NOFO for
further information).
5. The AOR must sign and submit the FMA grant application to FEMA via FEMA’s
grant application system by the application deadline.
Timely Receipt Requirements and Proof of Timely Submission
Online Submissions. All applications must be submitted to FEMA by 3 p.m. Eastern
Standard Time on the due date. Proof of timely submission is automatically recorded by
FEMA’s grant application system. An electronic date/time stamp is generated within the
system when the application is successfully submitted.
The Applicant with the AOR role who submitted the FMA grant applications prior to the
submission deadline will receive a confirmation message, including the assigned FMA
application number in FEMA’s grant application system (e.g., FMA-01-MA-2017). In
addition, once FEMA receives and delegates the FMA grant application to begin the review
process, FEMA’s grant application system will automatically send an email message to the
Point(s) of Contact (POC) identified in the grant application.
FEMA’s grant application system is programmed not to allow submittal of a FMA grant
application after the submission deadline. Applicants using slow Internet, such as dial-up
connections, should be aware that transmission of applications to FEMA’s grant application
could take some time.
Applicants and Subapplicants who experience system-related issues will be addressed
until 3 p.m. Eastern Standard Time on 01/29/2020. No new system-related issues will be
addressed after this deadline. Applications not received by the application submission
deadline will not be accepted.
Intergovernmental Review
An intergovernmental review may be required. Applicants must contact their State’s Single
Point of Contact to comply with the State’s process under Executive Order 12372 (see
http://www.fws.gov/policy/library/rgeo12372.pdf).
TWDB Contract No. 1900012532 Exhibit A, Page 44 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 12 of 28
Funding Restrictions
Federal funds made available through this award may only be used for the purpose set forth
in this award and must be consistent with the statutory authority for the award. Award funds
may not be used for matching funds for any other Federal grants/cooperative agreements,
lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition,
Federal funds may not be used to sue the Federal government or any other government entity.
Program Funding Restrictions
The maximum Federal cost share for FMA subapplications is as follows:
$200,000 per Applicant for Community Mitigation Advance Assistance applications;
$10 million per Applicant for Community Mitigation project applications;
$50,000 for technical assistance for Recipients to which FEMA obligated at least $1
million in FMA awards in FY 2018;
$50,000 for State flood hazard mitigation planning;
$25,000 for local flood hazard mitigation planning;
10 percent of the grant application budget for Applicant management costs for Applicants
to administer and manage grant and subgrant activities (see the Management and
Administration Costs subsection below); and
5 percent of plan and project subapplication budget for subapplicant management costs
for subapplicants to manage their plan or project activity (see the Management and
Administration Costs subsection below).
Allowable costs are:
Project design under Advance Assistance
Planning costs
Training-related costs
Domestic travel costs
Construction and renovation costs
Equipment costs
Applicants should analyze the cost benefits of purchasing versus leasing equipment,
especially high-cost items and those subject to rapid technical advances. Large equipment
purchases must be identified and explained. For more information regarding property
management standards for equipment, please reference 2 CFR Part 200, available on the
Internet at https://www.ecfr.gov/cgi-bin/text-
idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl
Unallowable costs are:
Exercise-related costs
Operational overtime costs
TWDB Contract No. 1900012532 Exhibit A, Page 45 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 13 of 28
More detailed information is available in Part III, E.1, Eligible Activities, of the HMA
Guidance, available on the FEMA website at http://www.fema.gov/media-
library/assets/documents/103279.
Pre-Award Costs
Pre-award costs directly related to developing the FMA grant application or subapplication
that are incurred within 8 months of the application period has opened but prior to the date of
the grant award are allowed subject to FEMA’s written approval. Such costs may have been
incurred prior to application submission, for example gathering NEPA data or developing a
BCA (see Section D, Application and Submission Information, of this NOFO), preparing
design specifications, or conducting workshops or meetings related to development and
submission of subapplications. To be eligible for FMA funding, pre-award costs must be
identified as separate line items in the cost estimate of the subapplication. Applicants and
subapplicants may identify such pre-award costs as their non-Federal cost share.
Pre-award costs may be cost shared or Applicants and subapplicants may identify them as
their non-Federal cost share (see Cost Share or Match subsection in Section C, Eligibility
Information, of this NOFO).
Costs associated with implementation of the submitted grant application or subapplication
that are incurred prior to the date of the grant award are not allowed. Mitigation activities
initiated or completed prior to the date of the grant award are not eligible.
Applicants and subapplicants who are not awarded grants or subgrants (awards/subawards)
will not receive reimbursement for the corresponding pre-award costs. More detailed
information is provided in Part IV, F.2, Pre-Award Costs, of the HMA Guidance, available
on the FEMA website at http://www.fema.gov/media-library/assets/documents/103279.
Management and Administration Costs.
Management costs are any indirect costs, any direct administrative cost, and any other
administrative expenses that are reasonably incurred in administering an award or subaward.
Applicant and subapplicant management cost activities directly related to the implementation
of the FMA program, such as subapplication development, geocoding mitigation projects,
delivery of technical assistance, managing awards and staff salary costs are eligible for FMA
funding in accordance with the HMA Guidance, available on the FEMA website at
http://www.fema.gov/media-library/assets/documents/103279.
Applicants may apply for Applicant management costs of up to 10 percent of the total FMA
grant application for management of the grant and all selected subgrants. Applicant requests
for management costs must be submitted in a separate management costs subgrant
application in FEMA’s grant application system (see the Content and Form of Application
Submission subsection).
Applicants and subapplicants may include for subapplicant management costs of up to 5
percent of the cost of a planning or project subapplication to manage the proposed activity.
For Applicants, this is in addition to the 10 percent Applicant management costs to manage
the overall grant. Subapplication management cost activities must be added to the Scope of
Work section and reflected in the Cost Estimate section subgrant applications in FEMA’s
grant application system.
TWDB Contract No. 1900012532 Exhibit A, Page 46 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 14 of 28
Management costs are only awarded in conjunction with awarded project, advance
assistance, technical assistance or planning subapplications. Applicants and subapplicants
who do not receive awards/subawards for any planning, advance assistance, technical
assistance or project subapplications will not receive reimbursement for management costs
(see the Review and Selection Process subsection in Section E of this NOFO).
Indirect Facilities and Administrative Costs.
Indirect costs are allowable under this program as described in 2 CFR 200.414. With the
exception of Recipients who have never received a negotiated indirect cost rate as described
in 2 CFR 200.414(f), Recipients must have an approved indirect cost rate agreement with
their cognizant Federal agency to charge indirect costs to this award. A copy of the approved
rate (a fully executed agreement negotiated with the Applicant’s cognizant Federal agency) is
required at the time of application and must be provided to FEMA before indirect costs are
charged to the award.
Other Submission Requirements
Environmental Planning and Historic Preservation (EHP) Compliance
Applicants and subapplicants proposing projects that have the potential to affect the
environment, including but not limited to modification or renovation of existing
buildings, structures and facilities, or new construction, including replacement of
facilities, must participate in the FEMA EHP review process. The EHP review process
involves the submission of a detailed project description that explains the goals and
objectives of the proposed project along with supporting documentation so that FEMA
may determine whether the proposed project has the potential to adversely affect
environmental resources and/or historic properties. EHP Job Aids and Supplements are
available on the FEMA website at https://www.fema.gov/media-
library/assets/documents/102051.
Mitigation Plan Requirement.
All Applicants and subapplicants must have a FEMA-approved mitigation plan at the
time of obligation of grant funds (as well as by the application deadline) to receive a
project award under this program in accordance with 44 CFR Part 201. More detailed
information is provided in Part III, E.5, Hazard Mitigation Plan Requirement, of the
HMA Guidance, available on the FEMA website at http://www.fema.gov/media-
library/assets/documents/103279.
Acquisition Project Requirements.
The subrecipient must provide FEMA with a signed copy of the Statement of Voluntary
Participation for each property post- award. The Statement of Voluntary Participation
formally documents the Notice of Voluntary Interest and information related to the
purchase offer. The Statement of Voluntary Participation is available on the FEMA
website at https://www.fema.gov/media-library/assets/documents/13708.
Subrecipients must apply deed-restriction language to all acquired properties to ensure
that the property is maintained in perpetuity as open space consistent with natural
floodplain functions, as agreed to by accepting FEMA mitigation award funding. Deed-
restriction language is applied to acquired properties by recording the open space and
deed restrictions. The FEMA Model Deed Restriction is available on the FEMA website
at https://www.fema.gov/media- library/assets/documents/28496.
TWDB Contract No. 1900012532 Exhibit A, Page 47 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 15 of 28
E. Application Review Information
Application Evaluation Criteria
Prior to making a Federal award, the DHS FAO is required by 31 U.S.C. § 3321 note, 41
U.S.C. § 2313 and 2 CFR. §200.25 to review information available through any OMB-
designated repositories of government-wide eligibility qualification or financial integrity
information. Therefore, application evaluation criteria may include the following risk-based
considerations of the Applicant:
1. Financial stability
2. Quality of management systems and ability to meet management standards
3. History of performance in managing Federal award
4. Reports and findings from audits
5. Ability to effectively implement statutory, regulatory, or other requirements
Review and Selection Process
FEMA will review each application to ensure compliance with applicable regulations at 44
CFR Part 79 and the HMA Guidance, including eligibility of the Applicant and subapplicant,
eligibility of proposed activities and costs, completeness of the subapplication, cost-
effectiveness and engineering feasibility of mitigation projects, and eligibility and
availability of non-Federal cost share. For more detailed information, see Part VI,
Application Review Information, of the HMA Guidance, available on the FEMA website at
http://www.fema.gov/media-library/assets/documents/103279.
FEMA will select subapplications up to the available funding amount of $210 million in the
following order.
1. Community Flood Mitigation - $70 million
a. Community Flood Mitigation – Advance Assistance
FEMA will select the highest ranked eligible subapplication(s) for Advance
Assistance from each Applicant not to exceed $200,000 total Federal cost share.
Maximum funding for all FMA Advance Assistance is $4 million.
Advance Assistance can be used to obtain data and to prioritize, select, and develop
community flood hazard projects for future funding based on current FEMA-
approved mitigation plans. FEMA will select subapplications that address flood risk
on a community level based on final priority scoring criteria and that benefit
communities with high participation and favorable standing in the NFIP.
Consideration of Advance Assistance early in the decision-making process can help
facilitate the development of a viable project, as well as project implementation. FY
2019 community flood mitigation Advance Assistance projects are not eligible for FY
2019 community flood mitigation project funding. There is no guarantee for future
HMA project funding if Advance Assistance is awarded.
All community flood mitigation Advance Assistance subapplications must include the
following elements:
TWDB Contract No. 1900012532 Exhibit A, Page 48 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 16 of 28
Use the planning application type and Advance Assistance code/activity type
within FEMA’s grant application system to be considered,
Be designated as a community flood mitigation Advanced Assistance project
in the subapplication title “Advance Assistance for X”, and
Prove that the proposed project benefits NFIP-insured properties by
submitting a map and associated geospatial file(s) (e.g., Shapefile,
KML/KMZ, Geodatabase, or other GIS enabled document) delineating:
o Estimated area benefitting from project
b. Community Flood Mitigation – Projects
FEMA will then select the highest ranked eligible community flood mitigation
subapplication(s) from each Applicant up to $10 million Federal cost share based on
final priority scoring criteria (see table below), as needed. Projects must benefit
communities with high participation and favorable standing in the NFIP for the
remaining $70 million. Applicants are not required to apply for Advance Assistance
funding to be eligible to receive a project award.
All community flood mitigation subapplications must include the following elements
in their applications:
Use the Community Flood Control code/activity type within FEMA’s grant
application system to be considered,
Be designated as community flood mitigation project in the subapplication
title “Community Flood Mitigation Project”, and
Prove that the proposed project benefits NFIP-insured properties by
submitting a map and associated geospatial file(s) (e.g., Shapefile,
KML/KMZ, Geodatabase, or other GIS enabled document) delineating:
o The proposed project footprint boundary,
o Area benefitting from project, and
o Active NFIP policies (if data available).
Eligible activities must benefit NFIP-insured properties and include, but are not
limited to:
o Infrastructure protective measures
o Localized flood control
o Floodwater storage and diversion
o Floodplain and stream restoration
o Water and sanitary sewer system protective measures
o Utility protective measures
o Stormwater management
o Aquifer storage and recovery
TWDB Contract No. 1900012532 Exhibit A, Page 49 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 17 of 28
o Wetland restoration/creation
Subapplications submitted for either the Community Flood Mitigation Advance
Assistance or Community Flood Mitigation project funding will be scored and ranked
based on the priorities in the following table, as needed:
TWDB Contract No. 1900012532 Exhibit A, Page 50 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 18 of 28
Final Priority Scoring Criteria for Community Flood Mitigation Projects &
Advance Assistance
Priority Description Total Points
NFIP Policy
Holder
Points will be assessed for every NFIP policy that is verified
within the benefiting area of the project
(5 per NFIP Policy)
5 x Each NFIP
Policy
Severe Repetitive
Loss (SRL) and
Repetitive Loss
(RL) Properties
Points will be assessed for project that contains SRL or RL
properties as defined in priority 4 below (10 per RL and 15 per
SRL property)
10 x each RL
15 x each SRL
Private-
Partnership Cost
Share
Cost share taken on by private organizations/businesses
emphasizing community participation, collaboration, and
investment. Points will be assigned based on percentage of
private cost share invested.
150
Building Code
Effectiveness
Grading Schedule
(BCEGS) rating
BCEGS rating assesses effectiveness of enforcement and
adequacy of building codes with emphasis on mitigation.
Classes weighted based on national class grouping ratings.
Highest weight will be assigned to class 1 and descending
through lower classes. (Graded Scale: 1 = 100, 2 = 90, 3 = 80,
4 = 70, 5 = 60, 5 = 50, 6 = 40, 7 = 30, 8 = 20, 9+ = 10)
10-100
Community Rating
System (CRS)
Participation
The CRS recognizes and encourages community floodplain-
management activities that exceed the minimum National
Flood Insurance Program standards. Depending on the level of
participation, flood insurance premium rates for policyholders
can be reduced up to 45%. Highest weight will be assigned to
class 1 and descending through lower classes. (Graded Scale: 1
= 100, 2 = 90, 3 = 80, 4 = 70, 5 = 60, 5 = 50, 6 = 40, 7 = 30, 8
= 20, 9 = 10)
10-100
Cooperating
Technical Partners
Program (CTP)
Participation
The CTP is a qualified partnership program in which
communities commit to collaborate in maintaining up-to-date
flood hazard maps and other flood hazard information. Points
will be assigned to CTP participating communities.
100
International
Building Codes
(IBC) Adopted
(2009 or newer)
IBC adoption epitomizes community commitment to
responsible building regulations. Points will be assigned to
IBC participating communities as follows: 2012 version or
lower adopted = 25 and 2015 version or higher adopted = 50.
25-50
Total Points Available 500+*
* In the event of a tie between two or more community flood mitigation applications:
FEMA will use the highest Benefit Cost Ratio (BCR) as a tiebreaker for projects
TWDB Contract No. 1900012532 Exhibit A, Page 51 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 19 of 28
After meeting the $70 million available for community flood mitigation or when all
eligible community flood mitigation project subapplications have been selected, FEMA
will select eligible subapplications for the remaining funds in the following order:
2. Technical Assistance
FEMA will select eligible technical assistance subapplications up to $50,000 Federal
cost share for Recipients to which FEMA obligated FMA awards totaling at least $1
million Federal cost share in FY 2018.
3. Flood Hazard Mitigation Planning
FEMA will select eligible planning subapplications up to $100,000 Federal cost share
per Applicant with a maximum of $50,000 Federal cost share for State mitigation
plan updates and $25,000 Federal cost share for the flood only portion of local
mitigation plans. FEMA may reduce the Federal cost share of any planning
subapplication that exceeds the statutory maximums.
4. Competitive funding for property flood mitigation projects
FEMA will select eligible flood mitigation project subapplications on a competitive
basis in the following prioritized order:
(a) Projects that will mitigate flood damage to at least 50 percent of structures
included in the subapplication that meet the definition in 42 U.S.C.
4104c(h)(3)(B)(ii) of an SRL property: At least two separate NFIP claim
payments have been made with the cumulative amount of such claims exceeding
the market value of the insured structure.
(b) Projects that will mitigate flood damage to at least 50 percent of structures
included in the subapplication that meet the definition of a RL property: Have
incurred flood-related damage on two occasions, in which the cost of the repair,
on the average, equaled or exceeded 25 percent of the market value of the
structure at the time of each such flood event.
(c) Projects that will mitigate flood damage to at least 50 percent of structures
included in the subapplication that meet the definition in 42 U.S.C.
4104c(h)(3)(B)(i) of an SRL property: four or more separate NFIP claims
payments have been made with the amount of each claim exceeding $5,000, and
with the cumulative amount of claims payments exceeding $20,000.
5. FEMA will select remaining eligible applications once all above priorities are
met based on benefits to the NFIP.
Applicants must ensure that accurate NFIP policy numbers and RL numbers are
included in all subapplications to be eligible to be selected for the above priorities.
For project subapplications in priority categories 5(a) through 5(c) above, FEMA will
prioritize projects as follows:
(a) The highest percentage of structures included in the subapplication that meet the
definition from 100 to 50 percent;
TWDB Contract No. 1900012532 Exhibit A, Page 52 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 20 of 28
(b) The largest number of structures included in the subapplication that meet the
definition; and
(c) FEMA-validated BCR.
If a project subapplication includes structures that meet the definition in more than
one of the priority categories, then the project will be considered under each of those
priority categories, and the structures that meet the definition of each priority
category will be counted for that category.
o For example, a project with structures that meet the definition in priority category
(a) is not selected for priority (a) because less than 50 percent of the structures
included in the subapplication meet that definition. However, the project also
contains structures that meet the definition in priority category (b). So the project
is considered for priority (b), and the percentage of structures included in the
subapplication that meet the definition in priority category (b) is used to
determine whether it is selected.
FEMA may select a subapplication out of priority order based on one or more of the
following factors:
o Availability of funding
o Balance/distribution of funds geographically or by type of Applicant
o Duplication of subapplications
o Program priorities and policy factors
o Other pertinent information
FEMA will designate the selected planning, project, advance assistance and technical
assistance subapplications as Identified for Further Review. Applicants with
planning, project, advance assistance and/or technical assistance subapplication(s)
that are Identified for Further Review that submitted a management costs
subapplication (see Content and Form of Application Submission subsection in
Section C of this NOFO) are eligible to receive Applicant management costs not to
exceed 10 percent of the selected planning and project subapplications.
Eligible subapplications that are not Identified for Further Review due to a lack of
available funding will be given a status of Not Selected.
Planning, project, advance assistance and technical assistance subapplications that do
not satisfy the eligibility and completeness requirements will be given a status of
Does Not Meet HMA Requirements.
At its discretion, FEMA may review a decision regarding a planning, project, or
technical assistance subapplication that is Not Selected or Does Not Meet HMA
Requirements only where there is an indication of substantive technical or procedural
error that may have influenced FEMA’s decision. There will be no reconsideration
regarding the amount of planning subapplications, Applicant management costs, or
technical assistance costs. Applicants must send requests for reconsideration based on
technical or procedural error to their FEMA Regional Office within 60 days of the
posting of subapplication status (see Anticipated Announcement and Federal Award
TWDB Contract No. 1900012532 Exhibit A, Page 53 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 21 of 28
Dates section of this NOFO). Subapplicants should contact their Applicant agency
regarding reconsideration requests, so that the Applicant may submit it to FEMA on
their behalf. Contact information for each SHMO is provided at
http://www.fema.gov/state-hazard-mitigation-officers.
The FEMA Regional Office will review reconsideration requests received from
Applicants and submit the Regional recommendation to FEMA Headquarters. FEMA
Headquarters will make a final determination to overturn or uphold the original
decision and send the response to the Applicant.
Prior to making an award, FEMA will evaluate Applicants to determine the level of
risk when there is a history of failure to comply with general or specific terms and
conditions of a Federal award or failure to meet the expected performance goals. If
FEMA determines that a Federal award will be made, special conditions that
correspond to the degree of risk assessed may be applied to the award, as specified in
Part VI, B, Risk Assessment Prior to PDM and FMA Award, of the HMA Guidance,
available on the FEMA website at http://www.fema.gov/media-
library/assets/documents/103279.
If the anticipated Federal award amount will be greater than the simplified acquisition
threshold, currently $250,000 (see 2 CFR 200.88):
(a) Prior to making a Federal award with a total amount of Federal cost share greater
than the simplified acquisition threshold, DHS is required to review and consider
any information about the Applicant that is in the designated integrity and
performance system accessible through SAM (currently FAPIIS).
(b) An Applicant, at its option, may review information in the designated integrity
and performance systems accessible through SAM and comment on any
information about itself that a Federal awarding agency previously entered.
(c) DHS will consider any comments by the Applicant, in addition to the other
information in the designated integrity and performance system, in making a
judgment about the Applicant’s integrity, business ethics, and record of
performance under Federal awards when completing the review of risk posed by
Applicants as described in 2 CFR 200.205 Federal awarding agency review of
risk posed by Applicants.
Anticipated Announcement and Federal Award Dates
FEMA anticipates announcing the status of applications by the Funding Selection Date of
06/01/2020.
FEMA will post the status of the planning, advance assistance, technical assistance and
project subapplications on the FEMA website at http://www.fema.gov/flood-mitigation-
assistance-grant-program and alert FMA webpage subscribers when the results of the review
are published. For information on how to sign up for a FEMA webpage subscription, visit
https://www.fema.gov/subscribe-receive-free-email-updates.
Applicants with planning, advance assistance, technical assistance and project
subapplications that are Identified for Further Review will receive notification through
FEMA’s grant application system via an automatic email to the point(s) of contact designated
TWDB Contract No. 1900012532 Exhibit A, Page 54 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 22 of 28
in the Contact Information section of their FMA grant application. Subapplicants should
contact their Applicant agency for information. Contact information for each SHMO is
provided at http://www.fema.gov/state-hazard-mitigation-officers.
F. Federal Award Administration Information
Notice of Award
FEMA will provide the Federal award package to the Applicant electronically via FEMA’s
grant application system. Award packages include an award letter, Obligating Document for
Awards/Amendments, and Articles of Agreement, including EHP review and/or other
conditions. An email notification of the award package will be sent through FEMA’s grant
application system to the Applicant POC(s) designated in the FMA grant application. See 2
CFR 200.210, Information contained in a Federal award at
http://www.gpo.gov/fdsys/granule/CFR-2014-title2-vol1/CFR-2014-title2-vol1-sec200-210.
When FEMA obligates funds for a grant to an Applicant, the Applicant and subapplicant are
denoted as Recipient and subrecipient, respectively. The Recipient and subrecipient agree to
abide by the grant award terms and conditions as set forth in the Articles of Agreement
provided in the award package. Recipients must accept all conditions in this NOFO as well as
any Special Terms and Conditions. For detailed information, see Part VI, A, Notice of
Award, of the HMA Guidance, available on the FEMA website at
http://www.fema.gov/media-library/assets/documents/103279.
Administrative and National Policy Requirements
All successful Applicants for all DHS grant and cooperative agreements are required to
comply with DHS Standard Administrative Terms and Conditions, which are available online
at DHS Standard Terms and Conditions.
The applicable DHS Standard Terms and Conditions will be for the last year specified at that
URL, unless the application is for a continuation award. In that event, the terms and
conditions in effect for the fiscal year that award was originally made will apply.
Pursuant to EO 13858 “Strengthening Buy-American Preferences for Infrastructure
Projects,” FEMA encourages recipients to use, to the greatest extent practicable and
consistent with the law, iron and aluminum as well as steel, cement, and other manufactured
products produced in the United States, in the Public Assistance and Hazard Mitigation Grant
Program for eligible public infrastructure repair and construction projects, as applicable,
affecting surface transportation, ports, water resources including sewer and drinking water,
and power. Such preference must be consistent with the law, including cost and contracting
requirements at 2 C.F.R. Part 200, and program requirements.
Before accepting the award, the AOR should carefully read the award package for
instructions on administering the grant award and the terms and conditions associated with
responsibilities under Federal awards. Recipients must accept all conditions in this NOFO as
well as any special terms and conditions in the Notice of Award to receive an award under
this program.
Environmental Planning and Historic Preservation Compliance.
As a Federal 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
TWDB Contract No. 1900012532 Exhibit A, Page 55 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 23 of 28
the agency, including grants-funded projects, comply with Federal EHP regulations, laws,
and Executive Orders as applicable. In some cases, FEMA is also required to consult with
other regulatory agencies and the public to complete the review process. The EHP review
process must be completed before funds are released to carry out the proposed project.
FEMA will not fund projects that are initiated without the required EHP review.
Construction Project Requirements.
Acceptance of Federal funding requires FEMA, the Recipient, and any subrecipients to
comply with all Federal, State, and local laws prior to the start of any construction activity.
Failure to obtain all appropriate Federal, State, and local environmental permits and
clearances may jeopardize Federal funding. Also:
1. Any change to the approved scope of work will require re-evaluation by FEMA for
Recipient and subrecipient compliance with the NEPA and other laws and Executive
Orders.
2. If ground-disturbing activities occur during construction, the Recipient and any
subrecipients must ensure monitoring of ground disturbance, and if any potential
archaeological resources are discovered, the subrecipient will immediately cease
construction in that area and notify the Recipient and FEMA.
Reporting
Recipients are required to submit financial and performance reports to FEMA as a condition
of their award acceptance throughout the period of performance, including partial calendar
quarters, as well as for periods where no grant award activity occurs. Future awards and fund
drawdowns may be withheld if these reports are delinquent, demonstrate a lack of progress,
or are insufficient in detail.
The following reporting periods and due dates apply:
Reporting Period Report Due Date
October 1 – December 31 January 30
January 1 – March 31 April 30
April 1 – June 30 July 30
July 1 – September 30 October 30
Federal Financial Reporting Requirements.
The Federal Financial Reporting Form (FFR) (SF-425) is available online at SF-425 OMB #4040-
0014.
Recipients must report obligations and expenditures on a quarterly basis through the FFR to
DHS/FEMA. Recipients must file the FFR electronically using the Payment and Reporting
System (PARS). Recipients must submit an FFR quarterly throughout the period of
performance, including partial calendar quarters, as well as for periods where no grant award
activity occurs. FEMA may withhold future awards and fund drawdowns if these reports are
delinquent, demonstrate lack of progress, or are insufficient in detail.
TWDB Contract No. 1900012532 Exhibit A, Page 56 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 24 of 28
Program Performance Reporting Requirements.
Recipients must report on the progress of the grant on a quarterly basis to DHS/FEMA
using the Quarterly Performance Report in FEMA’s grant application system. The
Quarterly Performance Reports must be submitted electronically in FEMA’s grant
application system quarterly throughout the period of performance, including partial
calendar quarters, as well as for periods where no grant award activity occurs. Reports are
due within 30 days from the end of the first Federal quarter following the initial grant
award and thereafter until the grant ends.
Closeout Reporting Requirements.
Within 90 days after the end of the period of performance, or after an amendment has
been issued to close out a grant, whichever comes first, Recipients must submit a final
FFR and final performance report detailing all accomplishments and a qualitative
summary of the impact of those accomplishments throughout the period of performance.
If applicable, an inventory of all construction projects that used funds from this program
must be reported with the final progress report.
After these reports have been reviewed and approved by FEMA, FEMA will issue a
closeout notice to close out the grant. The notice will indicate the period of performance
as closed, list any remaining funds that will be deobligated, and address the requirement
of maintaining the grant records for 3 years from the date of the final FFR.
The Recipient is responsible for returning any funds that have been drawn down but
remain as unliquidated on Recipient financial records.
Disclosing Suspension and Disbarment Information per 2 CFR 180.335
This reporting requirement pertains to disclosing information related to government-wide
suspension and debarment requirements. Before a recipient enters into a grant award
with a federal agency, the recipient must notify the federal agency if it knows if any of
the recipient’s principals under the award fall under one or more of the four criteria listed
at 2 CFR 180.335. At any time after accepting the award, if the recipient learns that any
of its principals falls under one or more of the criteria listed at 2 CFR 180.335, the
recipient must provide immediate written notice to the federal agency in accordance with
2 CFR 180.350
G. DHS Awarding Agency Contact Information
Contact and Resource Information
Program Questions.
General questions about the FMA program can be directed to the appropriate FEMA
Regional Office or SHMO. Contact information for FEMA Regional Offices is provided at
http://www.fema.gov/about-agency. Contact information for the SHMOs is provided at
http://www.fema.gov/state- hazard-mitigation-officers.
The HMA Helpline is available via telephone 1-866-222-3580 or email
HMAGrantsHelpline@fema.dhs.gov.
TWDB Contract No. 1900012532 Exhibit A, Page 57 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 25 of 28
Financial and Administrative Questions.
FEMA Regional Assistance Officers manage, administer, and conduct application budget
review; create the award package; approve, amend, and close out awards; and conduct cash
analysis, financial monitoring, and audit resolution for this program. Contact the appropriate
FEMA Regional Office for additional information. Contact information for FEMA Regional
Offices is provided at http://www.fema.gov/about-agency.
Technical Assistance.
Upon request, FEMA will provide technical assistance to Applicants and subapplicants in
preparing applications. FEMA encourages Applicants and subapplicants to seek technical
assistance early in the application period by contacting their appropriate FEMA Regional
Office. Contact information for FEMA Regional Offices is provided at
http://www.fema.gov/about-agency.
For questions about cost-effectiveness and FEMA’s BCA software, contact the BC Helpline
via telephone 1-855-540-6744 or email BCHelpline@fema.dhs.gov.
The Feasibility and Effectiveness Helpline is available for guidance on FEMA Building
Science publications by email FEMA-BuildingScienceHelp@fema.dhs.gov.
For questions about NEPA or EHP requirements, the EHP Helpline is available via telephone
1-866-222-3580 or email ehhelpline@fema.dhs.gov.
Resources and job aids intended to help Applicants and subapplicants prepare mitigation
planning and project applications are available on FEMA’s Hazard Mitigation Assistance
webpage at https://www.fema.gov/application-development-1. FEMA publications that
specify the documentation and information necessary for FEMA to review project
applications for feasibility and effectiveness, cost-effectiveness, and potential impacts on
environmental and cultural resources are available on the FEMA website at
https://www.fema.gov/hazard-mitigation-assistance- publications.
FEMA’s Grant Application System.
Information, training, and resources on FEMA’s grant application system for applicant and
subapplicant users are available on the FEMA website at https://www.fema.gov/application-
submittal.
H. Additional Information
Extensions
Extensions for the grant period of performance under this program are allowed, per Part VI,
D.4.1, Extensions, of the HMA Guidance, available on the FEMA website at
http://www.fema.gov/media-library/assets/documents/103279.
Recipients must submit proposed extension requests to FEMA for review and approval at
least 60 days prior to the expiration of the grant period of performance.
Extensions to the initial period of performance identified in the award will be considered
only through formal, written requests to the Recipient’s respective Region and must contain
specific and compelling justification as to why an extension is required. Recipients are
advised to coordinate with the Region as needed when preparing an extension.
All extension requests must address the following:
TWDB Contract No. 1900012532 Exhibit A, Page 58 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 26 of 28
1. Grant Program, Fiscal Year, and award number;
2. Verification that progress has been made as described in quarterly reports;
3. Reason for delay – this must include details of the legal, policy, or operational challenges
being experienced that prevent the final outlay of awarded funds by the applicable deadline;
4. Current status of the activity/activities;
5. Approved period of performance termination date and new project completion date;
6. Amount of funds drawn down to date;
7. Remaining available funds, both Federal and non-Federal;
8. Budget outlining how remaining Federal and non-Federal funds will be expended;
9. Plan for completion including milestones and timeframes for achieving each milestone and
the position/person responsible for implementing the plan for completion; and
10. Certification that the activity/activities will be completed within the extended period of
performance without any modification to the original Statement of Work approved by
FEMA.
Requests for extensions to a grant period of performance will be evaluated by FEMA but will
not be approved automatically. The Regional Administrator can extend the period of
performance for up to 12 months with justification. All requests to extend the grant period of
performance beyond 12 months from the original grant termination date must be approved by
FEMA Headquarters.
Other
Related HMA Programs
Hazard Mitigation Grant Program (HMGP): The HMGP is authorized by Section 404 of
the Stafford Act, 42 U.S.C. 5170c. The key purpose of HMGP is to ensure that the
opportunity to take critical mitigation measures to reduce the risk of loss of life and property
from future disasters is not lost during the reconstruction process following a disaster. HMGP
funding is available, when authorized under a Presidential major disaster declaration, in the
areas of the State requested by the Governor. Indian Tribal governments may also submit a
request for a major disaster declaration within their impacted areas.
The amount of HMGP funding available to the Applicant is based on the estimated total of
Federal assistance, subject to the sliding scale formula outlined in 44 CFR 206.432(b) that
FEMA provides for disaster recovery under the Presidential major disaster declaration. The
formula provides for up to 15 percent of the first $2 billion of estimated aggregate amounts
of disaster assistance, up to 10 percent for amounts between $2 billion and $10 billion, and
up to 7.5 percent for amounts between $10 billion and $35.333 billion. For States with
enhanced plans, the eligible assistance is up to 20 percent for estimated aggregate amounts of
disaster assistance not to exceed $35.333 billion. No more than 7 percent of the HMGP funds
available may be used for mitigation planning. The remaining funds may be used for
projects. Local governments are considered subapplicants and must apply to their Applicant
State/territory, who then may apply to FEMA on their behalf.
TWDB Contract No. 1900012532 Exhibit A, Page 59 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 27 of 28
HMGP Post Fire: The HMGP Post Fire is authorized by section 1204 of the Disaster
Recovery Reform Act (DRRA), Public Law 115-254. The key purpose of HMGP Post Fire
is to ensure that the opportunity to implement critical mitigation measures to reduce the risk
of loss of life and property from future disasters is not lost during the reconstruction process
following a major disaster or any area affected by a fire for which assistance was provided
under Section 420 Fire Management Assistance Grant (FMAG). HMGP Post Fire provides
mitigation assistance using the Hazard Mitigation Grant Program (HMGP) for Fire
Management Assistance declarations on or after October 5, 2018.
Pre-Disaster Mitigation (PDM): The PDM program, authorized by the Stafford Act, 42
U.S.C. 5133, is designed to assist States, U.S Territories, Indian Tribal governments, and
local communities to implement a sustained pre-disaster natural hazard mitigation program to
reduce overall risk to the population and structures from future hazard events, while also
reducing reliance on Federal funding in future disasters. Congressional appropriations
provide the funding for PDM. The total amount of funds distributed for PDM is determined
once the appropriation is provided for a given Fiscal Year. PDM funds can be used for
mitigation projects and planning activities.
Further information regarding these programs is available in the HMA Guidance, available
on the FEMA website at http://www.fema.gov/media-library/assets/documents/103279.
Payment
FEMA utilizes PARS for financial reporting, invoicing, and tracking payments. Additional
information on PARS can be obtained at
https://isource.fema.gov/sf269/execute/LogIn?sawContentMessage=true.
FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to
Recipients. To enroll in the DD/EFT, the Recipient must complete a SF-1199A, Direct
Deposit Form.
Conflict of Interest
To eliminate and reduce the impact of conflicts of interest in the subaward process,
Recipients must follow their own policies and procedures regarding the elimination or
reduction of conflicts of interest when making subawards. Recipients are also required to
follow any applicable State, local, or tribal statutes or regulations governing conflicts of
interest in the making of subawards.
The Recipient must disclose to FEMA, in writing, any real or potential conflict of interest as
defined by the Federal, State, local, or tribal statutes or regulations or their own existing
policies that may arise during the administration of the Federal award. Recipients must
disclose any real or potential conflicts to the FEMA Program Analyst within 15 days of
learning of the conflict of interest, per Part III, D.2, Conflict of Interest, of the HMA
Guidance, available on the FEMA website at http://www.fema.gov/media-
library/assets/documents/103279. Similarly, subrecipients must disclose any real or potential
conflict of interest to the Recipient as required by the Recipient’s conflict of interest policies,
or any applicable State, local, or tribal statutes or regulations.
Conflicts of interest may arise during the process of FEMA making a Federal award in
situations where a FEMA employee, officer, or agent, any members of his or her immediate
TWDB Contract No. 1900012532 Exhibit A, Page 60 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Page 28 of 28
family, or his or her partner has a close personal relationship, a business relationship, or a
professional relationship, with an Applicant, subapplicant, Recipient, subrecipient, or FEMA
employee.
TWDB Contract No. 1900012532 Exhibit A, Page 61 of 61
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
Exhibit B, Page 1 of 34
EXHIBIT B
ORIGINAL GRANT APPLICATION
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectAp…1/33
Entire Application View
Subgrant Project Application
Application Title: City of Pearland Flood Mitigation Assistance Program FY 2020 Subgrant Applicant: City of Pearland Application Number: Application Year: 2020 Grant Type: Project Application Address: 3519 Liberty Drive, Pearland, TX 77581-5416
Subapplicant Information
Name of Subapplicant City Of Pearland
State TX
Type of Subapplicant Local Government
Legal status, function, and facilities owned:
State Tax Number:
Federal Tax Number:
Other type name:
Federal Employer Identification (EIN)74-6028909
What is your DUNS Number?020796397 -
Is Subapplication subject to review by Executive Order 12372 Process?No. Program is not covered by E.O. 12372
Is the Subapplicant delinquent on any Federal debt?No
Explanation:
Federal Identification Processing Standard (FIPS) Place Code
Community Pearland (56348)
TWDB Contract No. 1900012532 Exhibit B, Page 2 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectAp…2/33
Contact
Authorized Subgrant Agent
Title Mr.
First Name Robert
Middle Initial
Last Name Upton
Title Director of Engineering
Agency/Organization City of Pearland
Address 1 3519 Liberty Drive
Address 2
City Pearland
State TX
ZIP 77581 - 5416
Phone 281-652-1641 Ext.
Fax
Email rupton@pearlandtx.gov
Point of Contact
Title Mr.
First Name Rajendra
Middle Initial
Last Name Shrestha
Title Assistant Director of Engineering
Agency/Organization Mr.
Address 1 3519 Liberty Drive
Address 2
City Pearland
State TX
ZIP 77581 - 5416
Phone 281-652-1649 Ext.
Fax
Email rshrestha@pearlandtx.gov
TWDB Contract No. 1900012532 Exhibit B, Page 3 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectAp…3/33
Community Information
Please provide the name of each community that will benefit from this mitigation activity by clicking on the Find Community button. You shall modify Congressional District for each
community by directly editing the textbox(es) provided. You should also notify your state NFIP coordinator so that it can be updated in the Community Information System database. When
you are finished, click the Save and Continue button below.
State County Code
Community Name
CID Number
CRS Community
CRS Rating
State Legislative District
US Congressional District
TX 4800771 PEARLAND, CITY OF 480077 Y 6 480077 22
TX 4800771 PEARLAND, CITY OF 480077 Y 6 480077 1
Comments
The City is primarily located in Congressional District 22. A small portion of the City is located in Congressional District 1. The City Council will consider general signatory authorization
for Grants at the September 28, 2020 meeting. The proposed Council action is attached.
Attachments
Name File Size (KB)
Email from C. Pearson to R. Upton 9.30.20.pdf 147
Resolution R2020-190 2020-09-28.pdf 1150
System of Award Management verification Pearland active.pdf 151
General Signatory Authorization - Grants and Public Assistance Applications AIR-20-320.pdf 168
State TX
Community Name PEARLAND, CITY OF
County Name TEXAS
County Code BRAZORIA COUNTY
City Code 480077
FIPS Code 039 Help
CID Number 480077 Help
CRS Community Y
CRS Rating 6
State Legislative District 480077
US Congressional District 22
FIRM or FHBM available?Yes
Community Status PARTICIPATING Help
Community participates in NFIP?Yes
Date entered in NFIP 12-19-1973
Date of most recent Community Assistance Visit (CAV)?12-17-2019 Help
State TX
Community Name PEARLAND, CITY OF
County Name TEXAS
County Code BRAZORIA COUNTY
City Code 480077
FIPS Code 039 Help
CID Number 480077 Help
CRS Community Y
CRS Rating 6
State Legislative District 480077
US Congressional District 1
FIRM or FHBM available?Yes
Community Status PARTICIPATING Help
Community participates in NFIP?Yes
Date entered in NFIP 12-19-1973
Date of most recent Community Assistance Visit (CAV)?12-17-2019 Help
TWDB Contract No. 1900012532 Exhibit B, Page 4 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectAp…4/33
Mitigation Plan
Is the entity that will benefit from the proposed activity covered by a current FEMA-approved multi-hazard mitigation plan in
compliance with 44 CFR Part 201?Yes
If Yes, please answer the following:
What is the name of the plan?2019 Pearland Hazard Mitigation Plan Update
What is the type of plan?Local Multihazard Mitigation Plan
When was the current multihazard mitigation plan
approved by FEMA?03-18-2019
Describe how the proposed activity relates to or is
consistent with the FEMA-approved mitigation plan.The proposed activity, elevation mitigation is consistent with the approved plan's action to identity SRL, RL
and insured properties and pursue mitigation projects to reduce risk.
If No or Not Known, please answer the following:
Does the entity have any other mitigation plans adopted?No
If Yes, please provide the following information.
Plan Name Plan Type Date Adopted Attachment (File Size)
Does the State/Tribe in which the entity is located have a current FEMA-approved mitigation plan in compliance with 44 CFR Part
201?Yes
If Yes, please answer the following:
What is the name of the plan?Texas Standard Mitigation Plan
What is the type of plan?Standard State Multi-hazard Mitigation Plan
When was the current multihazard mitigation plan
approved by FEMA?10-18-2018
Describe how the proposed activity relates to or is
consistent with the State/Tribe's FEMA-approved mitigation
plan.
The Texas Standard Mitigation Plan recommends that additional identification of specific actions or projects
the state is promoting and implementing to mitigate SRL and RL properties includes; elevation of existing
structures to at least base flood levels or higher if required by local ordinance, using techniques in accordance
with FEMA Program Guidance
If you would like to make any comments, please enter them below.
The approved City of Pearland plan update was not found in the repository so a copy of the plan and approval letter from TDEM is attached. The Texas State Plan is also attached.
To attach documents, click the Attachments button below.
Texas-SHMP-FINAL-Adopted-10.17.2018.pdf (21637 KB)
City of Pearland 2019 Final HMP Plan adopted by City of Pearland Council 2.25.19.pdf (14496 KB)
City of Pearland HMP Single-Jurisdiction Approval Letter TDEM to Locals (signed).pdf (891 KB)
TWDB Contract No. 1900012532 Exhibit B, Page 5 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
Scope of Work (Page 1 of 3)
Title of your proposed activity (should include the type of activity and location):
City of Pearland Flood Mitigation Assistance Program FY 2020
Hazard(s) Identified to be mitigated:
Flood
Proposed types of Mitigation Activity(ies):
Activity Code Activity Name
202.1 Elevation of Private Structures - Riverine
If Other or Miscellaneous selected above, please specify:
Provide a clear and detailed description of your proposed activity:
The proposed project is for the elevation of five flood prone properties considered SRL properties and located in the City of Pearland. Elevations will be conducted to raise structures
1.5-3' above the proposed BFE. Projects will be designed in compliance with NFIP standards in 44 CFR Part 60.
Is there construction in this project?
Y
Provide a detailed description of the proposed project's location (e.g. municipality, street address, major
intersecting streets and other important landmarks). Supporting documentation such as maps that clearly
identify the location and critical features to the project such as topography, waterways, adjacent community
boundaries, etc., should be attached:
The Project associated with the City's scope of work is to elevate residential private structures are all located within the boundaries of the City of Pearland. The addresses for each
property are provided below, geographic location/ID information is provided in the Properties section of this application, and a map is attached that provides project location in proximity
to floodplains, community boundaries, waterways, and the general topography of the area. The addresses are as follows: 2703 Green Tee Drive, Pearland, TX 77851 2705 Green Tee
Drive, Pearland, TX 77851 2822 Piper Road, Pearland, TX 77584 5102 Ryan Acres Drive, Pearland, TX 77584 3511 Pine Tree Drive, Pearland, TX 77584 FIRMS for each property can
be found with the property information package in the properties section.
Scope of Work (Page 2 of 3)
Latitude:
29.54987
Longitude:
-95.25706
Describe the need for this activity. Why should this mitigation activity be completed?
The properties described in this application are subject to severe repetitive loss. The importance of the proposed elevation of these properties is specifically to reduce or eliminate the
long-term risk of flood damage to these structures that are insured under the National Flood Insurance Program. Elevating the proposed structures higher than their current first/finish
floor elevation levels is critical for several reasons. For the property owner, this may reduce their NFIP premium levels, reduce or eliminate future damage from floods, reduce the
homeowner or local government burden of cleanup or further mitigation after a storm or flood, and make for a safer home for current and/or future owners. Severe and/or repetitive
losses usually occur when a home is built below base flood elevation. Homes built prior to federal flood guidelines are especially susceptible to repetitive loss. The city's flood plain
ordinance requires that homes be built or elevated a minimum of 1 above base flood elevation, however many of these homes were built before the ordinance was in place leaving
these homes vulnerable to flood events. The properties being elevated are all slab-on-grade, and will not reroute flood flow or conveyance once elevated.
Who will the mitigation activity benefit and/or impact?
The mitigation activity will directly benefit five homeowners. It will also have an indirect benefit to several others. The surrounding property owners will retain their neighbors, the
community itself will handle the matter of avoiding repetitive flood loss much better, and the taxing authorities will be able to retain these properties as part of its property tax roll. The
mitigation activity will benefit those properties that are considered severe repetitive loss or repetitive loss. By elevating the homes 1.5-3' above the BFE, NFIP losses will greatly be
reduced. This will reduce financial losses to the property owner and NFIP. Elevation of these properties will continue to benefit residents by reducing impacts of flood events and benefit
the community from less economic impacts. Also elevated homes will produce less debris after a flood disaster, resulting in recovery cost savings and less impact on landfills.
How will the mitigation activity be implemented?
The applicant intends to utilize the flood mitigation resources requested herein to facilitate a subgrant delivery model for disbursing the necessary construction activities to elevate five
homes. The program will be administered by the City, where all procurement, regulatory compliance, construction monitoring, permitting and inspections, financial management, and
code enforcement will reside. Subawardees will not receive actual grant funds, but will be allowed to apply for participation in the program, resulting in the ability to select from a pre-
approved, competitively solicited group of qualified specialists in home elevation, to complete the scope of work necessary to raise slab-on-grade properties to a reasonable level above
the base flood elevation.
Describe how the project is technically feasible and will be effective in reducing the risk by reducing or eliminating
damage to property and/or loss of life in the project area. Please include engineering design parameters and
references to the following: preliminary schematic or engineering drawings/design; applicable building codes; engineering practices and/or best practices; level of protection (e.g., life safety, 100-yr floor protection with
freeboard, 100-yr wind design, etc.):
One way to combat flood losses is by elevating a home higher than where flood waters are estimated to reach in a major flood. The applicant has included the costs of engineering
design parameters and other architectural work in the proposed scope of work and budget.
Who will manage and complete the mitigation activity?
The applicant, City of Pearland, will complete the mitigation activity with the use of qualified, competitively-solicited contractors.
Scope of Work (Page 3 of 3)
Will the project address the hazards identified and what risks will remain from all hazards after project implementation (residual risk)?
The projects will address the hazards of floods by elevating homes 1.5-3' above the BFE. This will result in reduced flood losses to structures and contents. Flood risks will remain,
however elevating homes above the proposed BFE will greatly reduce this risk However, while the intrusion of flood water into these structures will be reduced or eliminated, these
projects are not designed to prevent flooding of other portions of the properties subject to this application. Their driveways, yards, parking lots or other non-livable areas will not be
mitigated. Therefore, an event such as a major disaster may still result in the need for emergency protective measures to be provided to these property owners, including but not limited
to rescues, sheltering or other emergency services.
When will the mitigation activity take place?
Implementation of the mitigation activity will begin immediately after notification of the award.
Why is this project the best alternative. What alternatives were considered to address the
Risk and why was the proposed activity considered the best alternative?TWDB Contract No. 1900012532 Exhibit B, Page 6 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectAp…6/33
This project is the best alternative because the properties are relatively disconnected in terms of their proximity to one another. Elevating these homes is better than conducting a
buyout-acquisition, as the alternative would produce a "checkerboard" style of mitigation, and would leave the respective neighborhoods without the aesthetic characteristics they once
had, and would not necessarily improve drainage in an impactful way. The property owners impacted by severe or repetitive loss, as well as those recently impacted by Hurricane
Harvey, are not interested in moving and losing their homesteads. Their commitment to the community, their residential property, and their livelihood in the City are compelling towards
their choice to remain in their current homes. The other alternative of doing nothing will not address any of the issues these homes face when it floods.
Please identify the entity that will perform any long-term maintenance and provide a maintenance schedule and cost information. The subapplicant or owner of the area to be mitigated is responsible for maintenance (including costs of long-term care) after the project is completed:
Homeowners will assume the role of long term maintenance on the properties. The city will ensure that new construction or renovations to the structure meet the proper requirements of
the flood plain ordinance and NFIP standards.The City operates and administers a number of housing and community development activities, primarily via its Entitlement Jurisdiction
status as a recipient of Community Development Block Grant funds from the U.S. Department of Housing & Urban Development (HUD). Similarly to how the City provides long-term
maintenance of investments made in low-moderate income homes subject to local housing rehabilitation program activities, Pearland will administer a program that includes monitoring
of depreciable value of improvements, maintenance requirements for subapplicants/subgrantees, and compliance with federal retention and reversion of asset rules. Currently, the City
places depreciating liens on homes that have been repaired/improved with federal funding, and has successfully recaptured those made in homes that were subsequently sold or
reverted. The application process will partially be used to track these investments, and the City's enterprise management system has a fixed asset management component that keeps
track of these items, even though they are now wholly owned or operated by the City. Staff will utilize this same system to periodically monitor homeowner compliance with the program
asset-inventory requirements, and the documentation of annual inspections will be maintained in our files.
If you would like to make any comments, please enter them below:
Attachments (File Size):
Elevation Implementation Plan.doc (45 KB) Letter to SHPO.pdf (4136 KB) Confirmation - 106 Review - SHPO.pdf (78 KB) Pearland Property Inventory List FMA 2019 elevation application rev 9.15.20 removing 2701 Green Tee.xlsx (12 KB) SHPO RESPONSE RECEIVED 2.20.20.pdf (113 KB) FEMABrazoria100yr.pdf (3363 KB) FEMABrazoria500yr.pdf (3979 KB) FEMAProjectAreas.pdf (2590 KB) ProjectAreas.zip (5 KB) ProjectProperties.zip (8 KB) ResidentialAddresses.zip (6 KB)
TWDB Contract No. 1900012532 Exhibit B, Page 7 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectAp…7/33
Properties
Damaged Property Address:
Address line 1 2703 Green Tee Dr
Address line 2
City Pearland
County Harris
State TX
ZIP 77584
Owner Information:
First Name Steven
Middle Name
Last Name Keniston
Phone
Home Office
832-236-8853 Ext.
Cell
Owner's Mailing Address:
Address line 1 2703 Green Tee Dr
Address line 2
Other (PO Box, Route, etc)Pearland
City Pearland
State TX
ZIP 77584
Does this property have other co-owners or holders of recorded interest?
Y
Co-owner or Owner of Property Interest Information:
First Name Melinda
Middle Name ?
Last Name Keniston
Phone
Home Office
Ext.
Cell
Co-owner's Mailing Address:
Address 1 2703 Green Tee Dr
Address 2
Other (PO Box, Route, etc)Pearland
City Pearland
State TX
ZIP 77584
Comments
Attachments
No attachments Found
Property Information:
Latitude 29.560481
Longitude -95.242072
Year Built 1978
Structure Type Single Family
Property Tax Identification Number 103160000000009
Legal Description
TWDB Contract No. 1900012532 Exhibit B, Page 8 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectAp…8/33
Does this property have an NFIP Policy Number Yes
Policy Number RL10209757
FMA Repetitive Loss Yes
FMA Severe Repetitive Loss Yes
Property Locator Number RL10209757
Hazards to be mitigated:Flood
* Property Action Elevation
Property Information II:
Substantially Damaged?No
Purchase Offer Amount 0.00
Base Flood Elevation 36.9 feet
First Floor Elevation 35.4 feet
Number of feet the lowest floor elevation of the structure is being raised above Base
Flood Elevation 0 feet
Foundation type SOG
* Flood Zone Designation Area of special flood hazard with water surface elevations determined (A1-30, AE)
How was cost-effectiveness determined for this property:BCA
Comments
Attachments
Name File Size (KB)Date Attached
EC 2703 Green Tee Drive.pdf 158 01-28-2020
2703 Green Tee Drive.pdf 7419 11-22-2019
2703 Green Tee-Flood Insurance Receipt 2018 2019.pdf 360 01-21-2020
TWDB Contract No. 1900012532 Exhibit B, Page 9 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectAp…9/33
Properties
Damaged Property Address:
Address line 1 2705 Green Tee Dr
Address line 2
City Pearland
County Harris
State TX
ZIP 77584
Owner Information:
First Name Cynthia
Middle Name
Last Name Taylor
Phone
Home Office
713-875-4161 Ext.
Cell
Owner's Mailing Address:
Address line 1 2705 Green Tee Dr
Address line 2
Other (PO Box, Route, etc)Pearland
City Pearland
State TX
ZIP 77584
Does this property have other co-owners or holders of recorded interest?
Y
Co-owner or Owner of Property Interest Information:
First Name Cynthia
Middle Name ?
Last Name Taylor
Phone
Home Office
Ext.
Cell
Co-owner's Mailing Address:
Address 1 2705 Green Tee Dr
Address 2
Other (PO Box, Route, etc)Pearland
City Pearland
State TX
ZIP 77584
Comments
Attachments
No attachments Found
Property Information:
Latitude 29.560324
Longitude -95.242286
Year Built 1974
Structure Type Single Family
Property Tax Identification Number 103160000000008
Legal Description
TWDB Contract No. 1900012532 Exhibit B, Page 10 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…10/33
Does this property have an NFIP Policy Number Yes
Policy Number RL10295100
FMA Repetitive Loss Yes
FMA Severe Repetitive Loss Yes
Property Locator Number RL10295100
Hazards to be mitigated:Flood
* Property Action Elevation
Property Information II:
Substantially Damaged?No
Purchase Offer Amount 0.00
Base Flood Elevation 36.6 feet
First Floor Elevation 35.3 feet
Number of feet the lowest floor elevation of the structure is being raised above Base
Flood Elevation 0 feet
Foundation type SOG
* Flood Zone Designation
How was cost-effectiveness determined for this property:BCA
Comments
Attachments
Name File Size (KB)Date Attached
2705 Green Tee Drive-complete.pdf 5879 01-13-2020
TWDB Contract No. 1900012532 Exhibit B, Page 11 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…11/33
Properties
Damaged Property Address:
Address line 1 5102 Ryan Acres Dr
Address line 2
City Pearland
County Brazoria
State TX
ZIP 77584
Owner Information:
First Name Jeffery
Middle Name
Last Name Brown
Phone
Home Office
281-222-8177 Ext.
Cell
Owner's Mailing Address:
Address line 1 5102 Ryan Acres Dr
Address line 2
Other (PO Box, Route, etc)Pearland
City Pearland
State TX
ZIP 77584
Does this property have other co-owners or holders of recorded interest?
Y
Co-owner or Owner of Property Interest Information:
First Name Christina
Middle Name ?
Last Name Brown
Phone
Home Office
Ext.
Cell
Co-owner's Mailing Address:
Address 1 5102 Ryan Acres Dr
Address 2
Other (PO Box, Route, etc)Pearland
City Pearland
State TX
ZIP 77584
Comments
Attachments
No attachments Found
Property Information:
Latitude 29.547179
Longitude -95.299101
Year Built 1960
Structure Type Single Family
Property Tax Identification Number 244874
Legal Description
TWDB Contract No. 1900012532 Exhibit B, Page 12 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…12/33
Does this property have an NFIP Policy Number Yes
Policy Number RL00042391
FMA Repetitive Loss Yes
FMA Severe Repetitive Loss Yes
Property Locator Number RL00042391
Hazards to be mitigated:Flood
* Property Action Elevation
Property Information II:
Substantially Damaged?No
Purchase Offer Amount 0.00
Base Flood Elevation 48.98 feet
First Floor Elevation 46.7 feet
Number of feet the lowest floor elevation of the structure is being raised above Base
Flood Elevation 0 feet
Foundation type SOG
* Flood Zone Designation Area of special flood hazard with water surface elevations determined (A1-30, AE)
How was cost-effectiveness determined for this property:BCA
Comments
Attachments
Name File Size (KB)Date Attached
5102 Ryan Acres Dr.pdf 9898 11-22-2019
TWDB Contract No. 1900012532 Exhibit B, Page 13 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…13/33
Properties
Damaged Property Address:
Address line 1 3511 Pine Tree Dr
Address line 2
City Pearland
County Brazoria
State TX
ZIP 77584
Owner Information:
First Name Michael
Middle Name
Last Name Vorholt
Phone
Home Office
281-468-6348 Ext.
Cell
Owner's Mailing Address:
Address line 1 3511 Pine Tree Dr
Address line 2
Other (PO Box, Route, etc)
City Pearland
State TX
ZIP 77584
Does this property have other co-owners or holders of recorded interest?
Y
Co-owner or Owner of Property Interest Information:
First Name Carey
Middle Name ?
Last Name Vorholt
Phone
Home Office
Ext.
Cell
Co-owner's Mailing Address:
Address 1 3511 Pine Tree Dr
Address 2
Other (PO Box, Route, etc)
City Pearland
State TX
ZIP 77584
Comments
Attachments
No attachments Found
Property Information:
Latitude 29.542597
Longitude -95.227298
Year Built 1998
Structure Type Single Family
Property Tax Identification Number 505811
Legal Description
TWDB Contract No. 1900012532 Exhibit B, Page 14 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…14/33
Does this property have an NFIP Policy Number Yes
Policy Number RL10226876
FMA Repetitive Loss Yes
FMA Severe Repetitive Loss Yes
Property Locator Number RL10226876
Hazards to be mitigated:Flood
* Property Action Elevation
Property Information II:
Substantially Damaged?No
Purchase Offer Amount 0.00
Base Flood Elevation 0 feet
First Floor Elevation 0 feet
Number of feet the lowest floor elevation of the structure is being raised above Base
Flood Elevation 35.6 feet
Foundation type SOG
* Flood Zone Designation
How was cost-effectiveness determined for this property:BCA
Comments
Attachments
Name File Size (KB)Date Attached
3511 Pine Tree Dr.pdf 8347 11-22-2019
FFE 3511 Pine Tree Dr..pdf 914 01-21-2020
TWDB Contract No. 1900012532 Exhibit B, Page 15 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…15/33
Properties
Damaged Property Address:
Address line 1 2822 Piper Rd
Address line 2
City Pearland
County Brazoria
State TX
ZIP 77584
Owner Information:
First Name Gary
Middle Name
Last Name Lucas
Phone
Home Office
713-408-9221 Ext.
Cell
Owner's Mailing Address:
Address line 1 2822 Piper Rd
Address line 2
Other (PO Box, Route, etc)
City Pearland
State TX
ZIP 77584
Does this property have other co-owners or holders of recorded interest?
Y
Co-owner or Owner of Property Interest Information:
First Name Stephanie
Middle Name ?
Last Name Lucas
Phone
Home Office
Ext.
Cell
Co-owner's Mailing Address:
Address 1 2822 Piper Rd
Address 2
Other (PO Box, Route, etc)
City Pearland
State TX
ZIP 77584
Comments
Attachments
No attachments Found
Property Information:
Latitude 29.556582
Longitude -95.328964
Year Built 1985
Structure Type Single Family
Property Tax Identification Number 248450
Legal Description
TWDB Contract No. 1900012532 Exhibit B, Page 16 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…16/33
Does this property have an NFIP Policy Number Yes
Policy Number 1151825002
FMA Repetitive Loss Yes
FMA Severe Repetitive Loss Yes
Property Locator Number 1151825002
Hazards to be mitigated:Flood
* Property Action Elevation
Property Information II:
Substantially Damaged?No
Purchase Offer Amount 0.00
Base Flood Elevation 0 feet
First Floor Elevation 50.5 feet
Number of feet the lowest floor elevation of the structure is being raised above Base
Flood Elevation 0 feet
Foundation type SOG
* Flood Zone Designation X (OTHER)
How was cost-effectiveness determined for this property:BCA
Comments
Attachments
Name File Size (KB)Date Attached
2822 Piper Rd.pdf 8600 11-22-2019
2822 Piper Flood Insurance-05-01-2020 to 05-01-2021.pdf 950 09-15-2020
FFE 2822 Piper Rd.pdf 797 01-21-2020
2822 Piper Road SRL Justification.docx 1001 09-15-2020
TWDB Contract No. 1900012532 Exhibit B, Page 17 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…17/33
Schedule
Description Of Task Starting Point Unit Of Time Duration Unit Of Time Work Complete By
Procurement for Program/Construction Management 1 MONTHS 3 MONTHS City Staff
Homeowner and Prospective Elevation Contractor
Meeting to discuss process with City 3 MONTHS 4 MONTHS City Staff and PM
Elevation contractors selected and bidding process to
homeowner begins 5 MONTHS 15 MONTHS Homeowners, PM, City, EC Contractors
Architectural review, permits pulled and utilities turned
off 5 MONTHS 18 MONTHS Elevation contractor
Elevation construction 6 MONTHS 22 MONTHS Elevation contractor
Close out of grant 23 MONTHS 24 MONTHS City staff and PM
Estimate the total duration of the proposed activity:24 MONTHS
TWDB Contract No. 1900012532 Exhibit B, Page 18 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…18/33
Cost Estimate
202.1 - Elevation of Private Structures - Riverine Federal Share: $ 1,073,790.00
Item Name Cost Classification
Unit Quantity
Unit of Measure Unit Cost ($)Cost Estimate ($)
Program Administration Administrative Expense 1.00 Each $ 35,000.00 $ 35,000.00
Elevation - Construction Construction And Project Improvement 1.00 Each $ 955,040.00 $ 955,040.00
Temporary living expenses Relocation Expenses 5.00 Each $ 11,250.00 $ 56,250.00
Elevation - Construction Construction And Project Improvement 5.00 Each $ 5,500.00 $ 27,500.00
Total Cost $ 1,073,790.00
Total Project Cost Estimate: $ 1,073,790.00
TWDB Contract No. 1900012532 Exhibit B, Page 19 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…19/33
Cost Share
Activity Cost Estimate $ 1,073,790.00
Federal Share Percentage 100%
Non-Federal Share Percentage 0%
Dollars Percentage
Proposed Federal Share $ 1,073,790.00 100%
Proposed Non-Federal Share $ 0.00 0%
Non-Federal Funds
Source Agency Name of
Source Agency Funding Type Amount ($) Action
Grand Total $ 0.00
If you would like to make any comments, please enter them below.
The five properties are SRL, therefore FEMA guidance suggests there is 100% federal share and 0% local share. If there are any local costs, it will be borne by the homeowner.
Attachments
Name File Size (KB)
Budget Estimate Rationale revised 9.15.20.docx 31
Pearland Property Inventory List FMA 2019 elevation application rev 9.15.20 removing 2701 Green Tee.xlsx 12
Pearland Budget with task breakdown rev due to 8.7.20 RFI removing 2701 Green Tee final 9.15.20.xlsx 14
Final SF424C_2_0-V2.0 Pearland FMA 2019 rev.pdf 221
Signatory Authorization.pdf 299
FMA 2019 Application Funds Commitment.pdf 378
TWDB Contract No. 1900012532 Exhibit B, Page 20 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…20/33
Cost Effectiveness
Attach the Benefit Cost Analysis (BCA), if completed for this project
Name File Size (KB)
Net Present Value of Project Benefits (A)$ 1204105
Total Project Cost Estimate (B)$ 1073790
What is the Benefit Cost Ratio for the entire project (A/B)?1.12
If you would like to make any comments, please enter them below.
For properties with a .75 BCR or higher (there were four), the City requested an additional Notice of Voluntary Interest form (NVIs) from those four homeowners to determine how many
residents lived at the home and how many worked full time. That additional information was calculated to provide additional benefits. Those NVI¿s are attached to the application.
Attachments
Name File Size (KB)
BCA Report Pearland 9-15-20.pdf 114
BCA_Toolkit_6_Template Pearland 9-15-20.xlsx 79
fema_bca_toolkit_release-notes-july-2020.pdf 154
2705 Green Tee Dr NOV.pdf 53
3511 Pine Tree Dr NOV.pdf 519
5102 Ryan Acres-NOV.pdf 317
Pearland BCA Spreadsheet revised 9.15.20.xlsx 16
Pearland 2020 BCA Technical Memo Revised 9.15.20.doc 58
5102 Ryan Acres Map.pdf 507
5102 Ryan Discharge rates.pdf 19
5102 Ryan EC.pdf 635
5102 Ryan Flood Profile.pdf 171
Pearland BCA Export - Text.docx 84
Pearland BCA Export.xlsx 18
TWDB Contract No. 1900012532 Exhibit B, Page 21 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…21/33
A. National Historic Preservation Act - Historic Buildings and Structures
* 1. Does your project affect or is it in close proximity to any buildings or structures 50 years or more in age?Yes
If Yes, you must confirm that you have provided the following:
The property address and original date of construction for each property affected (unless this information is already noted in the Properties section),
A minimum of two color photographs showing at least three sides of each structure (Please label the photos accordingly),
A diagram or USGS 1:24,000 scale quadrangle map displaying the relationship of the property(s) to the project area.
To help FEMA evaluate the impact of the project, please indicate below any other information you are providing:
Information gathered about potential historic properties in the project area, including any evidence indicating the age of the building or structure and presence of
buildings or structures that are listed or eligible for listing on the National Register of Historic Places or within or near a National Register listed or eligible historic
district. Sources for this information may include the State Historic Preservation Officer, and/or the Tribal Historic Preservation Officer (SHPO/THPO), your local
planning office, historic preservation organization, or historical society.
Consideration of how the project design will minimize adverse effects on known or potential historic buildings or structures, and any alternatives considered or
implemented to avoid or minimize effects on historic buildings or structures. Please address and note associated costs in your project budget.
For acquisition/demolition projects affecting historic buildings or structures, any data regarding the consideration and feasibility of elevation, relocation, or flood
proofing as alternatives to demolition.
Attached materials or additional comments.
Comments:
The residential properties being elevated/mitigated with the proposed funds are, in some cases, older than 50 years. However, these are not historic structures.
Attachments:
Name File Size (KB)
Letter to TCEQ.pdf 589
SHPO RESPONSE RECEIVED 2.20.20.pdf 113
Letter to SHPO.pdf 4136
Confirmation - 106 Review - SHPO.pdf 78
Letter to TxDOT.pdf 7355
Letter to USACE.pdf 7368
B. National Historic Preservation Act - Archeological Resources
* 1. Does your project involve disturbance of ground?Yes
If Yes, you must confirm that you have provided the following:
A description of the ground disturbance by giving the dimensions (area, volume, depth, etc.) and location
The past use of the area to be disturbed, noting the extent of previously disturbed ground.
A USGS 1:24,000 scale or other site map showing the location and extent of ground disturbance.
To help FEMA evaluate the impact of the project, please indicate below any other information you are providing:
Any information about potential historic properties, including archeological sites, in the project area. Sources of this information may include SHPO/THPO, and/or the
Tribe's cultural resources contact if no THPO is designated. Include, if possible, a map showing the relation of any identified historic properties to the project area.
Attached materials or additional comments.
Comments:
The elevation of residential structures will require the ground immediately below and surrounding the footprint of the properties to be disturbed. However each was previously disturbed
when constructed.
Attachments:
Name File Size (KB)
C. Endangered Species Act and Fish and Wildlife Coordination Act
* 1. Are Federally listed threatened or endangered species or their critical habitat present in the area affected by the project?No
If Yes, you must confirm that you have provided the following:
Information you obtained to identify species in or near the project area. Provide the source and date of the information cited.
To help FEMA evaluate the impact of the project, please indicate below any other information you are providing:
Any request for information and associated response from the USFWS, the National Marine Fisheries Service (NMFS) (for affected ocean-going fish), or your State
Wildlife Agency, regarding potential listed species present and potential of the project to impact those species.
Attached materials or additional comments.TWDB Contract No. 1900012532 Exhibit B, Page 22 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…22/33
Comments:
* 2. Does your project remove or affect vegetation?No
If Yes, you must confirm that you have provided the following:
Description of the amount (area) and type of vegetation to be removed or affected.
A site map showing the project area and the extent of vegetation affected.
Photographs or digital images that show both the vegetation affected and the vegetation in context of its surroundings.
To help FEMA evaluate the impact of the project, please indicate below any other information you are providing:
Attached materials or additional comments.
Comments:
* 3. Is your project in, near (within 200 feet), or likely to affect any type of waterway or body of water?No
If Yes, and project is not within an existing building, you must confirm that you have provided the following:
A USGS 1:24,000 scale quadrangle map showing the project activities in relation to all nearby water bodies (within 200 feet).
Any information about the type of water body nearby including: its dimensions, the proximity of the project activity to the water body, and the expected and possible
changes to the water body, if any. Identify all water bodies regardless whether you think there may be an effect
A photograph or digital image of the site showing both the body of water and the project area.
To help FEMA evaluate the impact of the project, please indicate below any other information you are providing:
Evidence of any discussions with the US Fish and Wildlife Service (USFWS), and/or your State Wildlife Agency concerning any potential impacts if there is the
potential for the project to affect any water body.
Attached materials or additional comments.
Comments:
Attachments:
Name File Size (KB)
D. Clean Water Act, Rivers and Harbors Act, and Executive Order 11990 (Protection of Wetlands)
* 1. Will the project involve dredging or disposal of dredged material, excavation, adding fill material or result in any modification to water bodies or
wetlands designated as "waters of the U.S" as identified by the US Army Corps of Engineers or on the National Wetland Inventory?No
If Yes, you must confirm that you have provided the following:
Documentation of the project location on a USGS 1:24,000 scale topographic map or image and a copy of a National Wetlands Inventory map or other
available wetlands mapping information.
To help FEMA evaluate the impact of the project, please indicate below any other information you are providing:
Request for information and response letter from the US Army Corps of Engineers and/or State resource agencies regarding the potential for wetlands, and
applicability of permitting requirements.
Evidence of alternatives considered to eliminate or minimize impacts to wetlands.
Attached materials or additional comments.
Comments:
Attachments:
Name File Size (KB)
E. Executive Order 11988 (Floodplain Management)
* 1. Does a Flood Insurance Rate Map (FIRM), Flood Hazard Boundary Map (FHBM), hydrologic study, or some other source indicate that the project is
located in or will affect a 100 year floodplain, a 500 year floodplain if a critical facility, an identified regulatory floodway, or an area prone to flooding?
Yes
If Yes, please indicate in the text box below any documentation to identify the means or the alternatives considered to eliminate or minimize impacts to floodplains (See
the 8 step process found in 44 CFR Part 9.6.) to help FEMA evaluate the impact of the project:
EHP guidance dictates that elevations in the floodplain will require Pearland to notify the public under EO 11988. Upon notification of award or intent to award, Pearland will notify by the
public by posting it in a public building and on its website.
* 2. Does the project alter a watercourse, water flow patterns, or a drainage way, regardless of its floodplain designation? No
If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project:TWDB Contract No. 1900012532 Exhibit B, Page 23 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…23/33
Hydrologic/hydraulic information from a qualified engineer to demonstrate how drainage and flood flow patterns will be changed and to identify down and
upstream effects.
Evidence of any consultation with US Army Corps of Engineers (may be included under Part D of the Environmental Information).
Request for information and response letter from the State water resource agency, if applicable, with jurisdiction over modification of waterways.
Attached materials or additional comments.
Comments:
FIRMS for each of the properties located in the floodway can be found in the respective property folders and include: 2701, 2703 and 2705 Green Tee Drive and 5102 Ryan Acres
Drive.
Attachments:
Name File Size (KB)
F. Coastal Zone Management Act
* 1. Is the project located in the State's designated coastal zone?Yes
If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project:
Information resulting from contact with the appropriate State agency that implements the coastal zone management program regarding the likelihood of the
project’s consistency with the State’s coastal zone plan and any potential requirements affecting the cost or design of the proposed activity.
Attached materials or additional comments.
Comments:
A State of Texas coastal zone map is attached.
Attachments:
Name File Size (KB)
CoastalBoundaryMap.pdf 0
G. Farmland Protection Policy Act
* 1. Will the project convert more than 5 acres of “prime or unique” farmland outside city limits to a non-agricultural use?No
Comments:
Attachments:
Name File Size (KB)
H. RCRA and CERCLA (Hazardous and Toxic Materials)
* 1. Is there a reason to suspect there are contaminants from a current or past use on the property associated with the proposed project?No
If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project:
Comments and any relevant documentation.
Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic
materials related to project implementation.
Attached materials or additional comments.
Comments:
* 2. Are there any studies, investigations, or enforcement actions related to the property associated with the proposed project?No
If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project:
Comments and any relevant documentation.
Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic
materials related to project implementation.
Attached materials or additional comments.
Comments:
* 4. Do you know if any of the current or past land-uses of the property affected by the proposed project or of the adjacent properties are associated with
hazardous or toxic materials?No
If Yes, please indicate below any other information you are providing to help FEMA evaluate the impact of the project:
Comments and any relevant documentation.
Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic
materials related to project implementation.TWDB Contract No. 1900012532 Exhibit B, Page 24 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…24/33
Attached materials or additional comments.
Comments:
Attachments:
Name File Size (KB)
I. Executive Order 12898, Environmental Justice for Low Income and Minority Populations
* 1. Are there low income or minority populations in the project’s area of effect or adjacent to the project area?No
If Yes, you must confirm that you have provided the following:
Description of any disproportionate and adverse effects to these populations.
To help FEMA evaluate the impact of the project, please indicate below any other information you are providing:
Description of the population affected and the portion of the population that would be disproportionately and adversely affected. Please include specific
efforts to address the adverse impacts in your proposal narrative and budget.
Attached materials or additional comments.
Comments:
Attachments:
Name File Size (KB)
J. Other Environmental/Historic Preservation Laws or Issues
* 1. Are there other environmental/historic preservation requirements associated with this project that you are aware of?No
If Yes, please indicate in the text box below a description of the requirements, issues or public involvement effort.
* 2. Are there controversial issues associated with this project?No
If Yes, please indicate in the text box below a description of the requirements, issues or public involvement effort.
* 3. Have you conducted any public meeting or solicited public input or comments on your specific proposed mitigation project?Yes
If Yes, please indicate in the text box below a description of the requirements, issues or public involvement effort.
The City conducted a public meeting on October 16, 2019 for citizens to participate in the planning and development of the proposed project.
Attachments:
Name File Size (KB)
K. Summary and Cost of Potential Impacts
* 1. Having answered the questions in parts A. through J., have you identified any aspects of your proposed project that have the potential to impact
environmental resources or historic properties?No
If Yes, you must confirm that you have:
Evaluated these potential effects and provided the materials required in Parts A through J that identify the nature and extent of potential impacts to environmental
resources and/or historic properties.
Consulted with appropriate parties to identify any measures needed to avoid or minimize these impacts.
Considered alternatives that could minimize both the impacts and the cost of the project.
Made certain that the costs of any measures to treat adverse effects are realistically reflected in the project budget estimate.
Comments:
Attachments:
Name File Size (KB)
TWDB Contract No. 1900012532 Exhibit B, Page 25 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…25/33
Evaluation (Page 1 of 2)
Is the recipient participating in the Community Rating System (CRS)?Yes
If yes, what is their CRS rating?6
Is the recipient a Cooperating Technical Partner (CTP)?No
Is the recipient a Firewise Community?No
If yes, please provide their Firewise Community number.
Has the recipient adopted building codes consistent with the International Codes?Yes
Has the recipient adopted the National Fire Protection Association (NFPA) 5000 Code?No
Have the recipient's building codes been assessed on the Building Code Effectiveness Grading Schedule
(BCEGS)?No
If yes, what is their BCEGS rating?
Is this a small, impoverished community?
TWDB Contract No. 1900012532 Exhibit B, Page 26 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…26/33
Evaluation (Page 2 of 2)
How will this mitigation activity leverage involvement of partners to enhance its outcome? If any property owners are subject to the federal share of expenditures which the City
does not believe there are, the property owner will be required to provide such
matching funds, and will allow the leverage necessary to meet project costs. City-
wide, there are other investments being made in resolving severe repetitive, repetitive
and Hurricane Harvey related losses, in the form of buyouts/acquisitions,
infrastructure improvements in the form of drainage and wastewater treatment
facilities, and improvements being made in overall mitigation planning by the City.
How will this mitigation activity offer long-term financial and social benefits or promote resiliency
for the community?
This mitigation activity will prevent these severe repetitive loss homeowners from
having to consider buyouts, which remove the property values from the local tax roll.
While small, these areas depend on some degree of stability and vibrancy in their tax
base, as these pay for the types of non-disaster improvements that are of long-term
benefits and that promote resiliency for the community.
Please provide the percent of the population benefiting from this mitigation activity.1.0
Please explain your response.
While there are approximately 625 homes and businesses within the Wagon Trail,
Mimosa Acres and West Lea communities affected by the severe repetitive losses,
repetitive losses and/or Harvey-affected losses. Of those 5 property owners have met
all of the FEMA requirements to be included in an application.
Does this mitigation activity protect a critical facility?No
If yes, please select the type of critical facilities to be protected
Comments:
The actual percentage is .0096 but the percentage above would not allow that number. It is 6/625.
Name File Size (KB)Date Attached
TWDB Contract No. 1900012532 Exhibit B, Page 27 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…27/33
Assurances and Certifications
Please click the link in the status column to view forms.
Forms Status
Part II: Assurances Construction Programs.Complete
Part II: Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibilities Matters; and Drug-Free Workplace Requirements.Complete
Part III: SF-LLL, Disclosure of Lobbying Activities (Complete only if applying for a grant of more than $100,000 and have lobbying activities using Non-Federal funds.
See the Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibilities Matters; and Drug-Free Workplace Requirements form for lobbying activities
definition.)
Not Applicable
TWDB Contract No. 1900012532 Exhibit B, Page 28 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…28/33
Attachments
Name File Size (KB)
Signatory Authorization.pdf
299
SF 424D assurances - construction programs - re-signed.pdf
2132
coversheet 2016 - re-signed.pdf
906
TWDB Contract No. 1900012532 Exhibit B, Page 29 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…29/33
Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements.
Attachments
Name File Size (KB)
Certification Regarding Lobbying.pdf 738
Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each
application for FEMA funding. States and State agencies may elect to use a Statewide certification.
TWDB Contract No. 1900012532 Exhibit B, Page 30 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…30/33
Comments and Attachments
Name of Section Comment Attachment File Size (KB)
Community
The City is
primarily
located in
Congressional
District 22. A
small portion
of the City is
located in
Congressional
District 1. The
City Council
will consider
general
signatory
authorization
for Grants at
the
September
28, 2020
meeting. The
proposed
Council action
is attached.
Email from C. Pearson to R. Upton 9.30.20.pdf 147
Resolution R2020-190 2020-09-28.pdf 1150
System of Award Management verification Pearland active.pdf 151
General Signatory Authorization - Grants and Public Assistance Applications AIR-20-320.pdf 168
Mitigation Plan
The approved
City of
Pearland plan
update was
not found in
the repository
so a copy of
the plan and
approval letter
from TDEM is
attached. The
Texas State
Plan is also
attached.
City of Pearland HMP Single-Jurisdiction Approval Letter TDEM to Locals (signed).pdf 891
Texas-SHMP-FINAL-Adopted-10.17.2018.pdf 21637
City of Pearland 2019 Final HMP Plan adopted by City of Pearland Council 2.25.19.pdf 14496
Scope of Work
SHPO RESPONSE RECEIVED 2.20.20.pdf 113
FEMABrazoria100yr.pdf 3363
FEMABrazoria500yr.pdf 3979
Pearland Property Inventory List FMA 2019 elevation application rev 9.15.20 removing 2701 Green Tee.xlsx 12
Confirmation - 106 Review - SHPO.pdf 78
ProjectAreas.zip 5
ProjectProperties.zip 8
ResidentialAddresses.zip 6
FEMAProjectAreas.pdf 2590
Elevation Implementation Plan.doc 45
Letter to SHPO.pdf 4136
Cost Share
The five
properties are
SRL,
therefore
FEMA
guidance
suggests
there is 100%
federal share
and 0% local
share. If there
are any local
costs, it will be
borne by the
homeowner.
Pearland Property Inventory List FMA 2019 elevation application rev 9.15.20 removing 2701 Green Tee.xlsx 12
Budget Estimate Rationale revised 9.15.20.docx 31
Final SF424C_2_0-V2.0 Pearland FMA 2019 rev.pdf 221
Pearland Budget with task breakdown rev due to 8.7.20 RFI removing 2701 Green Tee final 9.15.20.xlsx 14
FMA 2019 Application Funds Commitment.pdf 378
Signatory Authorization.pdf 299
Cost
Effectiveness
For properties
with a .75
BCR or higher
(there were
four), the City
requested an
additional
Notice of
Voluntary
Interest form
(NVIs) from
those four
homeowners
to determine
how many
residents lived
at the home
and how
many worked
full time. That
additional
Pearland BCA Export.xlsx 18
Pearland BCA Export - Text.docx 84
5102 Ryan Flood Profile.pdf 171
5102 Ryan EC.pdf 635
5102 Ryan Discharge rates.pdf 19
5102 Ryan Acres Map.pdf 507
Pearland 2020 BCA Technical Memo Revised 9.15.20.doc 58
5102 Ryan Acres-NOV.pdf 317
3511 Pine Tree Dr NOV.pdf 519TWDB Contract No. 1900012532 Exhibit B, Page 31 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…31/33
information
was
calculated to
provide
additional
benefits.
Those NVI¿s
are attached
to the
application.
2705 Green Tee Dr NOV.pdf 53
fema_bca_toolkit_release-notes-july-2020.pdf 154
BCA_Toolkit_6_Template Pearland 9-15-20.xlsx 79
BCA Report Pearland 9-15-20.pdf 114
Pearland BCA Spreadsheet revised 9.15.20.xlsx 16
Evaluation
The actual
percentage is
.0096 but the
percentage
above would
not allow that
number. It is
6/625.
EHP - A - National Historic Preservation Act - Historic Buildings and Structures
EHP - B - National Historic Preservation Act - Archeological Reources
TWDB Contract No. 1900012532 Exhibit B, Page 32 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…32/33
FEMA Grants Application
Attachments
Name File Size (KB)
Signatory Authorization.pdf
299
SF424C_2_0-V2.0.pdf
167
FMA-PJ-06-TX-2019-002-RFI-Pearland Response 9.15.20.docx
2773
Certification Regarding Lobbying.pdf
738
SF424 re-signed 9.29.20.pdf
1863
SF 424D assurances - construction programs - re-signed.pdf
2132
Close Window
TWDB Contract No. 1900012532 Exhibit B, Page 33 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
3/19/2021 Federal Emergency Management Agency E-Grants
https://eservices.fema.gov/FEMAMitigation/grant/review/ViewSubgrantApplication.action?applicationID=41228&applicationName=subgrantProjectA…33/33
Comments for FEMA
TWDB Review has identified that this application is complete.
Go Back Close Window
TWDB Contract No. 1900012532 Exhibit B, Page 34 of 34
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
EXHIBIT C, Page 1 of 1
EXHIBIT C
IMPLEMENTATION PLAN
The implementation plan will be provided to the TWDB for review and approval within
90 days of execution of this contract. The approved implementation plan will become a
permanent part of this CONTRACT.
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
TWDB Contract No. 1900012532
EXHIBIT D, Page 1 of 1
EXHIBIT D
TASK AND EXPENSE BUDGETS
TASK BUDGET
TASK DESCRIPTION AMOUNT ($)
1 Program Administration Fee 35,000.00
2 Project Planning 27,500.00
3 Temporary Housing 56,250.00
4 Elevation 955,040.00
TOTAL $1,073,790.00
EXPENSE BUDGET
Expense Category Total Budget
Salaries & Wages1 35,000.00
Fringe2 0.00
Travel3 0.00
Subcontract Services 27,500.00
Subcontractor (Elevation) 955,040.00
Equipment 0.00
Other Expenses4 56,250.00
Overhead5 0.00
TOTAL $1,073,790.00
1 Salaries and Wages is defined as the cost of salaries of engineers, draftsmen, surveymen, clerks,
laborers, etc., for time directly chargeable to this CONTRACT.
2 Fringe is defined as the cost of social security contributions, unemployment, excise, and payroll taxes,
workers compensation insurance, retirement benefits, medical and insurance benefits, sick leave,
vacation, and holiday pay applicable thereto.
3 Travel is limited to the maximum amounts authorized by the U.S. General Services Administration, as
amended or superseded.
4Other Expenses is defined to include the cost of temporary housing for the homeowner while the
elevation is being performed for this CONTRACT.
5 Overhead is defined as the costs incurred in maintaining a place of business and performing
professional services similar to those specified in this CONTRACT.
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
Updated 10/06/2020
NEW CONTRACT
PAYABLE RECEIVABLE
CONTRACT AMOUNT $___________________________ BOARD APPROVAL DATE (IF APPLICABLE)___________________
Contract No. CONTRACTOR DATE
AND
INITIAL
Procurement & Contract Services _______________________________ Contract Specialist
Assign contract number; Enter contract information intoCAS and Worklog; Assignment Date____________________________
Obtain Budget Coding from Budget Officer for CIF
Request TWDB Vendor Set-Up & Direct Deposit Form fromContractor (need VID for CIF)
Prepare Draft contract, CIF, and Letter (if applicable)
PCS Approval Do FFATA, HB 1295 or IT Requirements apply? ☐Yes ☐No
Manager/Director, Contracting and Purchasing reviews and approves
☐Kaye Schultz Contract Attorney reviews and approves Comments:
☐
Contract Manager reviews and approves Provide contractor e-mail information for signatory and others who require a copy of the executed contract
☐Program Manager reviews and approves
☐Glenn Jennings
☐Shanna Packer
☐Joseph Monyer
☐Loren Sammon
Budget Officer verifies Fund, Object of Expense, MOF, Department Code, PCA, Work Number, and Fiscal Year information
☐Chris Hayden Review Budget Entry
Review and Comment if needed
☐Larry French
☐Carla Guthrie
☐Kevin Kluge
☐Temple McKinnon
☐Darrell Thompkins
☐Saul Nuccitelli
☐Clay Schultz
☐Mark Wyatt
☐
Division Director reviews and approves
☐Ashley Harden
☐Edna Jackson
☐John Dupnik ☐Rebecca Trevino
☐Richard Wade
☐Jessica Zuba Deputy Executive Administrator/CFO reviews, approves, and signs transmittal letter (if delegated; < $25,000)
PCS _______________________________ Contract Specialist
Verify/Accept internal review comments
Upload executed contract into CAS
Update all pertinent fields in CAS
Update Worklog
Move files to Active Contracts Folder
By signing this form, you are certifying that this packet and its contents meet with your approval
EMAIL ADDRESSES:
April Weiss (Receivable)Eldrisha Eubanks (Payable)Letty Molina
Jared Basurto
Jenny KimCameron Turner
1,073,790.00
1900012532 City of Pearland
Daniel Cardin
04/12/2021
DC
04/12/21
n ct
4/13/21
n
KS
4/13/21
n Niamh Gray
5/3/21
NG
n Kathy Hopkins kch
5-6-21
n
See CIF
4-14-21
gj
4 CHH 4.19.21 4.19.21
CHH
4
4
4
AW
4/13/21
EE 4/13/21
n SN,
5/20/21
n
Daniel Cardin
Rasika Perera, rperera@pearlandtx.gov, Robert Upton: rupton@pearlandtx.gov;
Rajendra Shrestha, RShrestha@pearlandtx.gov; Joel Hardy, JHardy@pearlandtx.gov
n
DocuSign Envelope ID: 78B5C588-FB72-40E3-859D-2BAEF53EB4EE
5/28/2021
6/2/2021
DocuSign Envelope ID: 98D00B76-E956-45C2-8825-68A4F925A0E9
6/9/2021
6/9/2021