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HomeMy WebLinkAbout2020-04-21 10:00AM REGULAR MEETING`I BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS. COURT. THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON APRIL 21, 2020 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance -U.S. and Texas Flag — Commissioner Aldrich 2. Call for Citizen input and/or concerns Consider and take action on agenda items 3-16 3. Request from Elections Administrator for a payment authorization to Texas Voting Systems, I nc. in the amount of $32,500.00 for election services contract for the March Primaries. PO was not requested in advance. 4. Approval of Texas Department of Emergency Management Public Assistance for Texas Covid-19 (DR -4485) Grant Terms & Conditions. 5. Consider and take action to amend or rescind Order Canceling the Split Payment of Property Taxes in Brazos County. 6. Approval of the following Job Descriptions: • a. General Counsel (Class Code 0241) for County Judge) • b. Chief of Staff/Legal Officer (Class Code 0240) for County. Judge.) 7. Order 20-011 Providing For The Deferment Of The Payment Of The Hotel Occupancy Taxes. 8. Order 20-012 For Emergency Amendment Fiscal Year 2020. 9. Request from the County Attorney for the following personnel changes with effective date as of April 18, 2020. This will have a decrease to the FY 20 County Attorney's budget in the amount of $146,037.00. • a. Delete Civil Attorney - CountyAttomey, Class Code 0508 Position 1, Group NA Step NA, Pay Code 013 • b. Delete Civil Attorney -County Attorney, Class Code 0508 Position 2, Group NA Step NA, Pay Code 013 10. Request from the County Judge for the following personnel changes with effective date as of April 18, 2020. This will have an increase to the FY 20 County Judge's budget in the amount of $146,037.00. • a. Create Chief of Staff/Legal Officer, Class Code 0240 Position 1, Group NA Step NA, Pay Code 013 • b. Create General Counsel, Class Code 0241 Position 1, Group NA Step NA, Pay Code 013 11. Approval to purchase one 2020 Chevrolet Tahoe PPV instead of a Ford F-150 to replace Unit 4131 in the Sheriff Department. The total cost for the one vehicle is $31,650. 12. Approval of the Treasurer's Report for February 2020. 13. Expenditure Journal Entries • FY 19/20 040023 - 040023 14. Budget Amendments. Budget Amendments FY 19/20 29.1 - 29.4 15. Personnel Change of Status. Personnel Action forms 16. Payment of Claims. 17. Juvenile director's report on detention population. 18. Sheriff's report on inmate population. 19. Announcement of interest items and possible future agenda topics. 20. Call for Citizen input and/or concerns 21. Adjourn. vol. 311 pg. 04 r PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Cou rt Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. it is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated.'Volation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a -Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court In part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. 313 P9. MINUTES APRIL 21, 2020 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, April 21, 2020 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1, Present by Phone; Sammy Catalena, Commissioner of Precinct 2, Present by Phone; Nancy Berry, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance -U.S. and Texas Flag — Commissioner Aldrich 2. Call for Citizen input and/or concerns Judge Peters read an email from Robert Rose regarding the spiritual hotline for the record and a copy of the email is attached. Commissioner Berry asked when the spiritual hotline began and if the County is involved. Judge Peters cautioned about discussing, but added he believes the phone line has been discontinued. Bruce Erratt, Civil Counsel stated that the County is not involved in the hotline. Consider and take action on agenda items 3-16 3. Request from Elections Administrator for a payment authorization to Texas Voting Systems, I nc. in the amount of $32,500.00 for election services contract for the March Primaries. PO was not requested in advance. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 4. Approval of Texas Department of Emergency Management Public Assistance for Texas Covid-19 (DR -4485) Grant Terms & Conditions. A copy of the grant is attached. Motion: Approve, Moved by Commissioner Nancy Bevy, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 5. Consider and take action to amend or rescind Order Canceling the Split Payment of Property Taxes in Brazos County. Judge Peters explained the issue with the split pay option. Kristy Roe, Tax Assessor - Collector sends notices of payment in October based on what she receives from the taxing entities. The first half of the payment has to be paid by December 1st and must be exactly half of the total amount. If an entity goes over the cap an election is now required to be held in November. This does not allow enough time to certify an election and mail out corrected amounts. Judge Peters said he is concerned that people will pay their taxes according to amount sent out in October and not realize the amount has changed and the payment will no longer be the exact half owed therefore, they will be delinquent and the entire amount will need to be paid by January 31st. Judge Peters urged citizens to be careful to check they have made the accurate payment before December 1 st. Commissioner Aldrich wanted to clarify the reason the decision was made to discontinue the split payment option was based on the information given to the Court which included 5% of Texas Counties offer this option, 10% of Brazos County citizens use this option and it accounts for 18% of the total receipts. He said that the over 65 citizens' payments will not be affected. Commissioner Aldrich said that the overwhelming negative reactions to the decision and the economic effects of COVID-19 is why he has made the motion to rescind the order. He added that he would like to see changes like correcting the language to Senate Bill 2. He also mentioned that improving software and increasing staff at the Tax Office may need to be considered to maintain the split pay option. Commissioner Cauley stated she has received calls from constituents concerned this will raise taxes but she has assured them that it will not. Vol. 3-2L— Pg.JaAy-- Judge Peters said they have received many concerns and the Court has listened. He just wants to remind everyone that if an election is triggered this is a consequence. Commissioner Aldrich said he appreciates all those who have contacted the Court and voiced their concerns. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 6. Approval of the. following Job Descriptions: • a. General Counsel (Class Code 0241) for County Judge) • b. Chief of Staff/Legal Officer (Class Code 0240) for County Judge) A copy of the job descriptions is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 7. Order 20-011 Providing For The Deferment Of The Payment Of The Hotel Occupancy Taxes. Commissioner Aldrich noted that the 2% that Brazos County receives is all we can defer and the .75 % to Texas A&M cannot be deferred according to the I nterlocal Agreement (I LA). A copy of the order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. - 8. Order 20-012 For Emergency Amendment Fiscal Year 2020. A copy of the order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 9. Request from the County Attomey for the following personnel changes with effective date as of April 18, 2020. This will have a decrease to the FY 20 County Attorneys budget in the amount of $146,037.00. • a. Delete Civil Attorney -County Attorney, Class Code 0508 Position 1, Group NA Step NA, Pay Code 013 • b. Delete Civil Attorney -County Attorney, Class Code 0508 Position 2, Group NA Step NA, Pay Code 013 A copy of the position control changes is attached. 10. Request from the County J udge for the following personnel changes with effective date as of April 18, 2020. This will have an increase to the FY 20 County J udge's budget in the amount of $146,037.00. • a. Create Chief of Staff/Legal Officer, Class Code 0240 Position 1, Group NA Step NA, Pay Code 013 • b. Create General Counsel, Class Code 0241 Position 1, Group NA Step NA, Pay Code 013 Judge Peters explained the reason for transferring the two civil positions from the County Attorney/ He said he spoke to Rod Anderson who is in agreement. Judge Peters said Ed Bull has been extremely helpful assisting him during this pandemic. He said that he will be Chief of Staff as well as counsel and Bruce Erratt will continue as general counsel. Judge Peters also thanked Chief Stewart for his work during this time. Commissioner Berry agreed saying she thinks this is an excellent idea. A copy of the position control changes is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 11. Approval to purchase one 2020 Chevrolet Tahoe PPV instead of a Ford F-150 to replace Unit #131 in the Sheriff Department. The total cost for the one vehicle is $31,650. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 12. Approval of the Treasurer's Report for February 2020. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for February 2020. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 13. Expenditure Journal Entries • FY 19/20 040023 - 040023 A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 14. Budget Amendments. Budget Amendments FY 19/20 29.1 - 29.4 29.1 Reallocate funds for General Capital Improvement Fund -Jail Kitchen Expansion. 29.2 Transfer funds from Non -Departmental to Information Technology. 29.3 Reallocate funds for HAVA Grant. 29.4 Reallocate funds for General Capital Improvement Fund - Juvenile Expansion. dol. _I_ .v Pg-afi_ Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 15. Personnel Change of Status. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 16. Payment of Claims. Claims 8024919 — 8025078 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Catalena, Cauley, Peters. 17. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 15 juveniles in the detention center, 13 are male and 2 are female, and 20 have -electronic monitors. Ms. Ricketson noted that there is 1 youth in isolation as per their protocol but everyone is healthy. 18. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 475 inmates in jail, 398 inmates are male and 77 are female, 46 have electronic monitors and 1 is pending for monitor. Sheriff Kirk said they have 3 staff members in quarantine and 4 inmates in isolation, but there have been no positive tests for COVI D-19. 19. Announcement of interest items and possible future agenda topics. Judge Peters stated that Governor Abbott announced changes to his executive order stating that state parks can re -open, elective surgeries can resume and beginning Friday "Retail to Go" can start. He said effective today he will rescind the Brazos County Shelter In Place Order to avoid confusion and we will continue to follow the order from the Governor. Commissioner Cauley asked if all County services are opening back up. Judge Peters answered no, this really does not change anything. We will continue to follow the Governor's order and continue social distancing. The order of rescission is attached. 20. Call for Citizen input and/or concerns There was no citizen's input. 21. Adjourn. Fv7,—ae 11— The foregoing minutes of the Commissioners Court Meeting held April 21, 2020 have been examined and are approved in open Court this 5th day of May 2020, in Bryan, Brazos Coun Duane Peters County Judge Sammy Catale a Commissioner, Precinct 2 elf Irma Cauley Commissioner, Precinct 4 Attest: C� Karen McQueen County Clerk S e Aldrich Commissioner, Precinct 1 Nancy Bei Commissioner, Precinct 3 Pg /of O/L-' BRAZOS COUNTY COMMISSIONER'S COURT DAY OF , 20 zo too AM/M/I, LA Name (PLEASE PRINT) Organization (PLEASE PRINT) 60 . d Q,c�- I i— Co-usF. Oaf z A -AA kQ`'91 vol. l.3 p9 PgIL of B RAZ O S COUNTY COMMISSIONER'S COURT d21 s DAY De -0 Name (PLEASE PRINT) i Organization (PLEASE PRINT) Cheryl L. Coffman From: robert rose <bicyclethings@yahoo.com> Sent: Monday, April 20, 2020 4:07 PM To: Cheryl L. Coffman; Santos Navarrette Subject: Citizen Input Re: County Spiritual Helpline Brazos County Disclaimer ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments unless you recognize the sender and have verified that the content is,safe. Never enter USERNAME, PASSWORD or sensitive information on pages linked from this email.***** ............. ..............I............ ................................................................................................. Greetings, It's come to my attention that the Brazos County Health District has invested in establishing a spiritual helpline. While this effort may be well intentioned, it violates the Establishment Clause of the First Amendment of the United States Constitution, as well as legal precedent. Brazos County should not be utilizing taxpayer funded resources to promote Christianity or any other religion. Furthermore, I am concerned about the potential liability for Brazos County by allowing unlicensed and uninsured people to effectively provide counseling to people seeking help. Brazos County should know better than to directly violate civil rights and subject the county to liability. ask that you stop County participation in this spiritual helpline. Thank you for your attention. Sincerely, Robert Rose Bryan, Texas 3201 Walnut Creek Ct. Bryan 77807 979.575.4148 vol.V pq. GRANT TERMS AND CONDITIONS This Grant Agreement (consisting of these terms and conditions and all exhibits) is made and entered into by and between the Texas Division of Emergency Management (IDEM), an agency of the State of Texas, hereinafter referred to as " TDEM," and the grant recipient, Brazos County hereinafter referred to as the "Subrecipient." Furthermore, TDEM and the Subrecipient are. collectively hereinafter referred to as the "Parties." All subawards made under this grant agreement are subject to the same terms and conditions below. Subrecipient may not assign or transfer any interest in this Grant without the express, prior written consent of TDEM and DHS/FEMA. '.'The term Recipient and pass-through entity have the same meaning as "Grantee," as used in governing statutes, regulations, and DHS/FEMA guidance. b. A Recipient is also a "non-federal entity" for grants administration purposes. c. A Subrecipient is also known as a "Subgrantee" as used in governing statutes regulations and DHS/ FEMA guidance. d. A Subrecipient is also a "non-federal entity" for grants administration purposes. e. The "Grant" referred to in this agreement is a subgrant to the Subrecipient passed thru from TDEM to the Subrecipient. f. Certifying Official will be the Mayor, Judge, or Executive Director authorized to execute these grant terms and conditions, and to submit changes of Subrecipient Agents. f. Projects and any subsequent versions for those projects accepted by the Subrecipient and subsequently obligated or deobligated by DHS/FEMA are considered subawards to this grant agreement. A. Standard of Performance. Subrecipient shall perform all activities as approved by TDEM. Any change to a project shall receive prior written approval by TDEM and, if required, by FEMA. Subrecipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1. Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit X- 2. Assurances — Construction Programs, hereinafter referred to as "Exhibit B" 3. Certifications for Grant Agreements, hereinafter referred to as "Exhibit C' 4. State of Texas Assurances, hereinafter referred to as "Exhibit D" 5. Environmental Review Certification, hereinafter referred to as "Exhibit E" 6. Additional Grant Conditions, hereinafter referred to as "Exhibit F" 7. Additional Grant Certifications, hereinafter referred to as "Exhibit G' 8. Request for Information and Documentation referred to as "Exhibit H" B. Failure to Perform. In the event Subrecipient fails to implement and complete the project(s) approved and awarded, or comply with any provision of this Grant, Subrecipient shall be liable to TDEM for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds TDEM —April 2020 Vol. 3 — pg. �� Page 1 of 20 GRANT TERMS AND CONDITIONS or any other grant program funds administered by TDEM until repayment to TDEM is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement and complete projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by TDEM. C. Fundina Obliaations. TDEM shall not be liable to Subrecipient for any costs incurred by Subrecipient that are not allowable costs. 1. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by TDEM under this Grant shall not exceed the total cumulative award amounts listed on the Subawards (projects and subsequent versions). 2. Subrecipient shall contribute the match funds listed on the subaward. Subrecipient shall refund to TDEM any sum of these Grant funds that has been determined by TDEM or DHS/FEMA to be an overpayment to Subrecipient or that TDEM determines has not been spent by Subrecipient in accordance with this Grant. No refund payment(s) shall be made.from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Subrecipient shall make such refund to TDEM within thirty (30) calendar days after TDEM requests such refund D. Performance Period. The performance period for this Grant is listed on the subaward letter for each project. All projects shall be completed within the performance period AND all reimbursement reauests shall be submitted to TDEM within 60 days of the and of the performance period. Subrecipient shall have expended all Grant funds and submitted reimbursement requests, invoices and any supporting documentation to TDEM within 60 days of the end of the performance period. TDEM shall not be obligated to reimburse expenses incurred after the performance period or submitted after the deadline. E. Uniform Administrative Reauirements, Cost Principals and Audit Requirements. Except as specifically modified by law or this Grant, Subrecipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non-exclusive list is provided below [not all may apply in every projects]: • Public Law 93-288, as amended (Stafford Act) • 44 CFR, Emergency Management and Assistance • Disaster Mitigation Act of 2000 • OMB Regulations 2 CFR, Grant and Agreements • Executive Order 11988, Floodplain Management Executive Order 11990, Protection of Wetlands • Executive Order 12372, Intergovernmental Review of Programs and Activities • Executive Order 12549, Debarment and Suspension • Executive Order 12612, Federalism • Executive Order 12699, Seismic Design • Executive Order 12898, Environmental Justice • Coastal Barrier Resources Act, Public,Law 97-348 • Single Audit Act, Public Law 98-502 • Sandy Recovery Improvement Act publications Page 2 of 20 TDEM ApH12020 Vol. GRANT TERMS AND CONDITIONS • 16 U.S.C. § 470, National Historic Preservation Act • 16 U.S.C. § 1531, Endangered Species Act References • FEMA program publications, guidance and policies F. State Reauirements for Grants. Subrecipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, (UGMS) at:_ hftp://www.window.state.tx.us/procurement/catrad/u.qms.pd and the program State Administrative Plan, available at: https://arants.tdem.texas. Qov Subrecipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant and the approved application. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: 1. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for focal government employees; 2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office, influencing positively or negatively the payment, loan, or gift to a person or political organization_ for a political purpose, and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; 3. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who uses alcoholic beverages on active duty and Subrecipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; 4. Texas General Appropriations Act, Art. IX, Section 6.13, Which requires Subrecipient to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and 5. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grant may only be expended if Subrecipient timely completes and files its reports. G. Restrictions and General Conditions. 1. Use of Funds. DHS/FEMA Grant funds may only be used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Page 3 of 20. TDEM —April 2020 Voi. pg.j GRANT TERMS AND CONDITIONS Federal funds may not be used to sue the Federal government or any other government entity. 2. Federal Employee Prohibition. Federal employees are prohibited directly benefiting from any funds under this Grant. 3. Points of Contacts. Within 10 calendar days of any change, Subrecipient shall notify TDEM of any change in designated of Subrecipient Agents as submitted during the execution of this agreement, and any subsequent changes submitted by Subrecipient. In the event a Subrecipient hires a consultant to assist them with managing its Public Assistance grants, they must be listed on the Designated Subrecipient Agent Form. TDEM will direct all correspondence to the Subrecipient but will cc: the consultant on all email exchanges. The Subrecipient will be responsible for sharing written communications with the consultant. The Subrecipient will remain the primary point of contact and must be included in all decision making activities. 4. DUNS Number. Subrecipient confirms its Data Universal Numbering Systems (DUNS) Number is accurate and is registered on Sams.gov. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or hftp://fedqov.dnb.com/webform 5. Central Contractor Registration and Universal Identifier Requirements. Subrecipient maintains that it has registered on the System for Award Management (SAM) at www.sam.gov or other federally established site for contractor registration, and entered TDEM-required information. Subrecipient shall keep current, and then review and update the information at least annually. Subrecipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial report or receives final Grant award payment. Subrecipient agrees that it shall not make any subaward agreement or contract related to this Grant withoutfirst obtaining the vendor/subawardee's mandatory DUNS number. See Section §200.32 of OMB 2 C.F.R. 6. Reportinq Total Compensation of Subrecipient Executives. 2 C.F.R. §200.331; see FEMA Information Bulletin 350. a. Applicability and what to report: Subrecipient shall report whether Subrecipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §200.331. Subrecipient shall report whether 80% or more of Subrecipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Subrecipient answers "yes" to both questions, Subrecipient shall report, along with Subrecipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Subrecipient's five most highly compensated executives for the preceding completed fiscal year. b. Where and when to report: Subrecipient shall report executive total compensation at www.sam.gov or other federally established replacement site. By signing this Grant, Subrecipient certifies that, if required, Subrecipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Subrecipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. 7. Debarment and Suspension. Subrecipient shall comply with Executive Order -12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or - TDEM —April 2020 Vol. � Pg. a5d Page 4 of 20 GRANT TERMS AND CONDITIONS suspending those persons deemed irresponsible in their dealings with the Federal government. 8. Direct Deposit. A completed direct deposit form from Subrecipient shall be provided to TDEM, prior to receiving any payments under the provisions of this grant. The direct deposit form is currently available at grants.tdem.texas.gov under Resources/Public Assistance. 9. Property Management and Inventory. Subrecipient shall maintain property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property Subrecipient shall develop and implement a control system to prevent loss, damage or theft of property and Subrecipient shall investigate and document any loss, damage or theft of property funded under this Grant. 10. Site Visits. DHS/FEMA and/or TDEM, through its authorized representatives, have the right at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS/FEMA on the premises of Subrecipient or a contractor under this Grant, Subrecipient shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. H. Procurement and Contractina. 1. Procurements. Subrecipient shall comply with all applicable federal; state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 2 C.F.R. 200. 318-326 and Appendix II to Part 200 (A -C) and (E -J) 2. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 2 C.F.R. 200.326 and Appendix II (A), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3. Procurement activities must follow the most restrictive of Federal, State and Local procurement regulations: a. _Procurement by micro -purchase, b. Procurement by small purchase c. Procurement by sealed bid d. Procurement by competitive proposal e. Procurement by non-competitive proposal, solely when the award of a contract is unfeasible under the other methods The State must be contacted for approval to use a noncompetitive procurement method. Failure to follow eligible procurement methods will result in ineligible costs. Other types of agreements for services must have State approval prior to use or execution. A copy of the local procurement policy must be provided to the State before initial payment. Page 5 of 20 TDEM —April 2020 � Vol. 31 2) ._,__� P9• r� ��.(L0 GRANT TERMS AND CONDITIONS The cost plus a percentage of cost and percentage of construction cost methods of contracting are ineligible. Must perform cost/price analysis for every procurement action in excess of the Simplified Acquisition Threshold. MILIJ negotiate profit as a separate element where required. 4. Evidence of non -debarment for vendors must be documented through, http://www.sam.gov/portal/public/SAM and htti)://www.window.state.b(.us/procurement/prog/vendor performance/debarred/ and submitted for review. 5. Comply with rules related to underutilized businesses (small and minority businesses, women's enterprises and labor surplus firms) at 2 CFR 200.321 I. Monitoring. Subrecipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program -related criteria are met. TDEM, or its authorized representative, reserves the right to perform periodic desk/office- based and/or on-site monitoring of Subrecipient's compliance with this Grant and of the adequacy and timeliness of Subrecipient's performance pursuant to this Grant. After each monitoring visit, if the monitoring visit reveals deficiencies in Subrecipient's performance under this Grant, a monitoring report will be -provided to the Subrecipient and shall include requirements forthe timely correction of such deficiencies by Subrecipient. Failure by Subrecipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. J. Audit. 1. Audit of Federal and State Funds. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act (OMB 2 C.F.R. 200.501, formerly A- 133). Subrecipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. 2. Right to Audit. Subrecipient shall give the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), the Comptroller General of the United States, the. Texas State Auditor, TDEM, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of Grant funds received and performances rendered under this Grant. Subrecipient shall permit TDEM or its authorized representative to audit Subrecipient's records. Subrecipient shall provide any documents, materials or information necessary to facilitate such audit. 3. Subrecipierifs Liability for Disallowed Costs. Subrecipient understands and agrees that it shall be liable to TDEM for any costs disallowed pursuant to any financial or compliance audit(s) of these funds. Subrecipient further understands and agrees that reimbursement to TDEM of such disallowed costs shall be paid by Subrecipient Page 6 of 20 TDEM —April 2020 Vol. Pa. , GRANT TERMS AND CONDITIONS from funds that were not provided or otherwise made available to Subrecipient pursuant to this Grant or any other federal contract. 4. Subrecipient's Facilitation of Audit. Subrecipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as TDEM may require of Subrecipient. Subrecipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subrecipient and the requirement to cooperate is included in any subcontract it awards. 5. State Auditor's Clause. Subrecipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Subrecipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records. requested. Subrecipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's -Office is included in any subgrants or subcontracts ' it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Subrecipient relating to this Grant. K. Retention and Accessibility of Records. 1. Retention of Records. Subrecipient shall follow its own internal retentaion policy, or the state's retention policy, whichever is stricter. At a minimum, the subrecipient shall maintain fiscal records and supporting documentation forall expenditures of this Grant's funds pursuant to the applicable OMB 2 C.F.R. Subpart D — Post Federal Award Requirements, §200.333-337, and this Grant. Subrecipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or TDEM may direct Subrecipient to retain documents or to transfer certain records to DHS/FEMA custody when DHS/FEMA determines that the records possess long term retention value. 2. Access to Records. Subrecipient shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, _TDEM, or any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by Subrecipient pertaining to this Grant including records concerning, the past -.use. of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Subrecipient. L. Chances, Amendments. Susnension or Termination 1. Modification. DHS/FEMA or TDEM may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Subrecipient's acceptance of the changes to this Grant. Any. alteration, addition, or deletion to this Grant by Subrecipient is not valid. 2. Effect of Chancres in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state. laws, regulations or policy are automatically incorporated. into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event DHS/FEMA or TDEM determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Subrecipient shall be notified of the changes in writing. Once notification has Page 7 of 20 TDEM —April 2020 Vol. s�,l Pa• GRANT TERMS AND CONDITIONS been made, any subsequent request for funds will indicate Subrecipient's acceptance of the changes to this Grant. 3. Suspension. In the event Subrecipient falls to comply with any term of this Grant, TDEM may, upon written notification to Subrecipient, suspend this Grant, in whole or in part, withhold payments to Subrecipient and prohibit Subrecipient from incurring additional obligations of this Grant's funds. 4. Termination. TDEM shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if TDEM determines that Subrecipient has failed to comply with any term of this Grant. TDEM shall provide written notice of the termination and include: a. The reason(s) for such termination; b. The effective date of such termination; and c. In the case of partial termination, the portion of this Grant to be terminated. d. Appeal may be made to the Deputy Chief of the Texas Division of Emergency Management - Recovery & Mitigation. M. Enforcement. If Subrecipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, TDEM or DHS/FEMA may take one or more of the following actions, as appropriate in the circumstances: 1. Increased monitoring of projects and require additional financial and performance reports 2. Require all payments as reimbursements rather than advance payments 3. Temporarily withhold payments pending correction of the deficiency . 4. Disallow or deny use of funds and matching credit for all or part of the cost of the activity or action not in compliance; 5. Request DHS/FEMA to wholly or partially de -obligate funding for a project 6. Temporarily withhold cash payments pending correction of the deficiency by subrecipient or more severe enforcement action by TDEM or DHS/FEMA; 7. Withhold further awards for the grant program 8. Take other remedies that may be legally available In taking an enforcement action, TDEM will provide Subrecipient an opportunity for a hearing, appeal, or other administrative proceeding to which Subrecipient is entitled under any statute or regulation applicable to the action involved. The costs of - Subrecipient _ resulting from obligations incurred by Subrecipient during a suspension or after termination of this Grant are not allowable unless TDEM or DHS/FEMA expressly authorizes them in the notice of suspension or termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: • The costs result from obligations which were properly incurred by Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non -cancellable; and • The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Subrecipient from being subject to "Debarment and Suspension" under E.O. Page 8 of 20 TDEM —April 2020 .Vol. 3 Pg. O�%3 GRANT TERMS AND CONDITIONS 12549. 2 C.F.R., Appendix II to Part 200, (1). N. Conflicts of Interest. The subrecipient will maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts and will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. O. Closing of this Grant. TDEM will close each subaward after receiving all required final documentation from the Subrecipient. if the close out review and reconciliation indicates that Subrecipient is owed additional funds, TDEM will send the final payment automatically to Subrecipient. If Subrecipient did not use all the funds received, TDEM will recover the unused funds. At the completion and closure of all Subrecipient's projects (subawards), TDEM will request the Subrecipient to Certify the completion of all projects (subawards) in accordance of the grants terms and conditions to, state there are no further claims under this subgrant. The closeout of this Grant does not affect: 1. DHS/FEMA or TDEM's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Subrecipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Subreciplent or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. P. Notices. All notices and other communications pertaining to this agreement shall be delivered in electronic format and/or writing and shall be transmitted by fax, e-mail, personal hand -delivery (and receipted for) or deposited in the United States Mail, as certified mail, return receipt requested and postage prepaid, to the other party. TDEM -April 2020 Vol. 33 pg.a(�,� Page 9 of 20 GRANT TERMS AND CONDITIONS EXHIBIT A ASSURANCES - NON -CONSTRUCTION PROGRAMS See Standard Form 4248 As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project cost) to ensure proper planning, management and completion of the project described in this Grant 2. Will give the Department of Homeland Security, the Texas Division of Emergency Management, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents relatedto this Grant and will establish a proper accounting system in aarordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of persoriaV or organizational conflict of interest or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Mark System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race,.color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex, (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil.Rights Act of 1968 (42 U.S.C. §§3601 at seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (t) any other nondiscrimination provisions in the specific statute(s) under which agreement.for Federal assistance is being made; and 0) the requirements of anyother nondiscrimination statute(s) which may apply to the application. 7. Will comply or has already complied with the requirements of Titles Il and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. S. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501- 1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. S. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction sub -agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental qualitycontrol measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by 42 U.S.C. 4311 at seq, and Executive Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, Including protection against natural disasters. To comply with NEPA for DHS grant -supported activities, DHS -FEMA requires the environmental aspects to be reviewed and evaluated before final action on the application; (b) notification of violating facilities pursuant to EO 11738: (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 at seq.); (f)comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 at seq.) related to protecting components or potential components ofthe national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 at seq.). 14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026-044 (Directive) regarding the protection of human subjects involved in research, development, and related activities supported by this Grant. "Research' means a systematic investigation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also state and local law for research using autopsy materials. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 at seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory -Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 15. W71 comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 at seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the -required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal .laws, - executive orders, regulations, grant guidance, and policies governing this Grant Page 10 of 20 TDEM —April 2020 vol. 13 Pg. GRANT TERMS AND CONDITIONS EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this Grant 2. Will give the Department of Homeland Security, the Texas Division of Emergency Management, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of this Grant 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex, (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 at seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the agreement 11. Will comply or has already complied with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91.646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work -Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally- assisted construction sub -agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in ficodplains in accordance with EO 11988; (e) assurance of project consistency with. the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11 73B) providing for the protection of and enhancement of the quarity of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of. 1968 (16 U.S.C. §§1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic -Preservation Act of 1956, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this Grant. Page 11 of 20 TDEM —April 2020 Vol. ��L�_ P9• GRANT TERMS AND CONDITIONS Exhibit C Certifications for Grant Agreements The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief. A. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying be Included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be -subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at28 C.F.R. Part 67, Section 67.510. (Federal Certification), the Subrecipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. Subrecipient can access debarment information by going to www.sam.gov and the State Debarred Vendor List at:_ www.window.state.b(.us/procurementbrog/vendor performance/debarred. 2 Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; 4. Have not within a three-year period preceding this Grant had one or more public transactions (Federal, State, or local) terminated for cause or default; or a Where Subrecipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this Grant. (Federal Certification). E. Federal funds will be used to supplement existing funds, and will not replace.(supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Subrecipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds and Subrecipient will require such compliance in any subgrants or contract at the next tier. G Subrecipient will comply with the Drug-free Workplace Act, in Subpart B of 2 C.F.R. Part 3001. H Subrecipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF -424, item number 17 for additional information and guidance. L Subrecipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Grant. J. Subrecipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of funds in this Grant. Page 12 of 20 TDEM —April 2020 Vol. pg. z GRANT TERMS AND CONDITIONS EXHIBIT D State of Texas Assurances As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Subrecipients governing body or of the Subrecipient's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Subrecipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Subrecipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process of achieving compliance with such rules if the Subrecipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances, When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section _.36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subrecipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, II, and 111 of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91- 646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. . Page 13 of 20 TDEM —April 2020 1 CO Vol. 3 Pg. GRANT TERMS AND CONDITIONS 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93- 234. Section 102(a) requires the purchase of flood insurance In communifles where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 at seq.); (f) conformity of federal actions to State (Clear Air) Implem entation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968 (18 U.S.C. §§1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C.'5470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 at seq.). 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 at seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commer cially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 at seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal taxforms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed athttos://www.sam.gov/portal/public/SAM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, at seq. Page 14 of 20 TDEM — April 2020 Vol. GRANT TERMS AND CONDITIONS EXHIBIT E Environmental Review As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. shall assess its federally funded projects for potential impact to environmental resources and historic properties. 2. shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by TDEM. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. 3. shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of any activity prior to completion of FEMA's EHP review will result in a non-compliance finding and TDEM will not authorize or release Grant funds for non-compliant projects. 4. as soon as possible upon receiving this Grant, shall provide information to TDEM to assist with the.legally-required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to TDEM for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898 — Environmental Justice. Subrecipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. 5. shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. 6. _ shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. 7. if ground disturbing activities occur during project implementation, Subrecipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Subrecipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. Page 15 of 20 TDEM —April 2020 n ��� GRANT TERMS AND CONDITIONS EXHIBIT F Additional Grant Conditions 1. Additional damage requiring a new Public Assistance project to be written must be reported within 60 days following the Project Scoping meeting with the State- Federal team. 2. All work must be done prior to the approved project completion deadline assigned to each Project (POP). Should additional time be required, a time extension request must be submitted which: a.) Identifies the projects requiring an extension. b.) Explains the reason for an extension. c.) Indicates the percentage of work that has been completed. d.) Provides an anticipated completion date. The reason for an extension must be based on extenuating circumstances or unusual project requirements that are beyond the control of your jurisdiction/organization. Failure to submit a time extension request 60 days prior to the end of the period of performance may result in reduction or withdrawal of federal funds for approved work. 3. Any significant change to a project's approved Scope of Work must be reported and approved through TDEM and FEMA before starting the project. Failure to do so will jeopardize grant funding. The Subrecipient shall submit requests for cost overruns requiring additional obligations to TDEM, who will forward to FEMA for review and approval prior to incurring costs. 4. The Project Completion and Certification Report must be submitted to TDEM within 60 days of all approved work being completed for each project. If any project requires the purchase of insurance as a condition of receiving federal funds, a copy of the current policy must be attached to this report, or Duplication of Benefits form certifying other funds were received to complete the project. 5. A cost overrun appeal on small Public Assistance projects must be reported to the Texas Division of Emergency Management (TDEM) within 60 days of completing the last small project in order to be considered for additional funding. 6. Appeals may be filed on any determination made by FEMA or TDEM. All appeals must be submitted to TDEM within 60 days from receiving written notice of the action you wish to appeal. Should you wish to appeal a determination contained in the project application, the 60 days will start the day the application is signed. Appeals for Alternative Projects will be subject to the terms of the signed agreement for the Alternative Project. 7. Public ,Assistance program projects will not receive funding until all of the requirements identified in the comments section of the Project Worksheet are met. _ 8. You may request a payment of funds on projects by initiating a Request for Reimbursement (RFR) in TDEM's Grant Management System (GMS) or an Advance of Funds Request (AFR), and including documentation supporting your request. Small Public Assistance projects are paid upon obligation and will be initiated by TDEM personnel. Payments for open projects must be requested at least quarterly if expenditures have been made in that quarter. 9. Subrecipients will be required to submit quarterly project reports (QPR) for open large projects using TDEM's GMS. Your assigned Grant Coordinator will coordinate the due date for your specific reporting. Public Assistance program small projects are typically exempt from quarterly reporting, however TDEM reserves the right to require QPRs on any smalls requiring a POP extension. The first quarterly report will be due at the end of the first full quarter following the quarter in which the project was obligated. No quarterlies are required for projects that Subrecipient has initiated a closeout request and has provided a certificate of completion. Failure to submit required quarterly reports for two or more quarters can result in withholding or deobligation of funding for Subrecipients until all reports are submitted and up-to-date. Page 16 of 20 TDEM — April 2020 Vol. Pg. GRANT TERMS AND CONDITIONS 10.Subrecipients expending $750,000 or more in total Federal financial assistance in a fiscal year will be required to provide an audit made in accordance with OMB Uniform Guidance; Cost Principles, Audit, and Administrative Requirements for Federal Awards, Subpart F. A copy of the Single Audit must be submitted to your cognizant State agency or TDEM within nine months of the end of the subrecipient's fiscal year. Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter must be sent to TDEM certifying to this. 11. Subrecipients will not make any award to any party which is debarred or suspended, or is otherwise excluded from participation in the Federal assistance programs (EO 12549, Debarment and Suspension). Subrecipient must maintain documentation validating review of debarment list of eligible contractors. 12.Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment. A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of equipment is valued over $5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If the fair market value of a piece of equipment is less than $5,000, the property can either be retained, sold or designated as surplus with no further obligation to FEMA. 13.TDEM will be using the new FEMA Public Assistance Delivery Model to facilitate the writing of project worksheets (Portal). Subrecipient will be responsible for establishing and maintaining an active account in the Portal and to provide and upload timely, all information requested that is needed to write accurate project worksheets. The Portal will provide the Subrecipient visibility of the entire project writing process. 14.TDEM will be using its new Grant Management System (GMS) for Subrecipient grant management functions. Subrecipient will access GMS to initiate Requests for Reimbursements (RFR), Advance of Funds Requests (AFR), Time Extensions, Scope and Cost changes requests, Quarterly Reports, Project Closeouts, Appeals, and other items deemed necessary by IDEM. Requested forms and processes may be adjusted and changed to accommodate GMS processes and requirements. Subrecipient agrees to monitor GMS as necessary to properly manage and complete awarded projects under this agreement. 16.2 CFR 200.210(a)(15), 2 CFR 200.331(a)(1)(xiii) and (a)(4) make reference to indirect cost rates. The Subrecipient may use the negotiated Indirect Cost Rate approved by its cognizant agency, or may use the 10% de minimis rate of modified total direct costs (MTDC) (as per § 200.414) when receiving Management Costs. Page 17 of 20 TDEM—ApOl2020 vola sJ pg.—27R— GRANT TERMS AND CONDITIONS EXHIBIT G Additional Grant Certifications Subrecipient certifies that It has the ability to meet or exceed the cost share required for all subawards (Projects) and amendments (versions) under this Grant Agreement. Subrecipient certifies there has not been, nor will there be, a duplication of benefits for this project. Match Certification Subrecipient certifies that it is not delinquent on any Federal Debt. For Hazard Mitigation Projects Only; Applicant certifies that if there is a Maintenance Agreement needed for this facility copy of that agreement will be provided to TDEM. Federal Executive Order 12898 compliance requirements — If there are any concentrations of low income or minority populations in or near the HMGP project: 1. Applicant certifies that the HMGP project result will not result in a disproportionately high or adverse effect on low income or minority populations. OR 2. Applicant certifies that action will betaken to ensure achievement of environmental justice for low income and minority populations related to this HMGP project. Page 19 of 20 TDEM — September 2019 Vol. p9. Request for Information and Documentation Policy and Guideline It is crucial to the success of the overall Grant Program and to the timely completion and closure of awarded projects that timelines be established for providing information and documentation. TDEM has developed a framework to support this endeavor following a progressive series of communications for the Subrecipient (RFI). TDEM will work with you throughout the RFI process as communication is the key to your success. RFI Timelines First Informal Request The primary contact for the Subrecipient will receive the RFI via email with five business days to respond. Second Informal Request A second email to the primary contact will be sent with an additional five business days to respond. Third Informal Request A phone call will be made to the primary contact with a third email requesting the information to be provided within five business days. The Regional Section Administrator and State Coordinator will be copied. Fourth Formal Request The Supervising Program Director of Recovery will issue a certified letter to the highest ranking official highlighting previous requests and an additional ten days to provide the requested information. Final Formal Request A final request by certified letter will be issued by the Deputy Assistant Director of Recovery, Mitigation, and Standards, or the Assistant Director of the Texas Division of Emergency Management to the highest ranking official giving the final ten business days to respond or deobligation of the project will begin. Final Action If the RFI is not sufficiently answered, the project will be deobligated, and any previously paid funds must be returned to IDEM. Reference: RMS Services Grant Program Request for information and Documentation August 2017 Vol.` Pg. GRANT TERMS AND CONDITIONS Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by them. Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A" Assurances — Construction Programs, hereinafter referred to as "Exhibit B" Certifications for Grant Agreements, hereinafter referred to as "Exhibit C' State of Texas Assurances, hereinafter referred to as "Exhibit D" Environmental Review Certification, hereinafter referred to as "Exhibit F Additional Grant Conditions, hereinafter referred to as "Exhibit F" Additional Grant Certifications, hereinafter referred to as "Exhibit G' Request for Information and Documentation referred to as "Exhibit H" Please sign below to acknowledged acceptance of the grant and all exhibits in this agreement, and to abide by all terms and conditions. Signature of Certifying Official Date Duane Peters, County Judge Printed Name and Title TDEM — September 2019 ua. �3 Pa, � Page 20 of 20 a -V 1; OF T F� e 1j; RECEIVED _ Brazos County Template Revision1.208/1512012 Job Description APR 16 2M OF "Tree" Last Updated: Class Number: 0240 Title: Chief of Staff/Legal Officer Pay Group: N/A Department: County Judge FLSA Status: Exempt Reports To: County Judge Approved Date: EEOC Category: General Summa Accountable for coordinating and evaluating the functions of the County Judge/Commissioners Court to ensure ongoing operations, policy development, performance enhancement, sound communication, and identification and resolution of issues in support of the County Judge/Commissioners Court. Essential Duties: Administers and coordinates the activities of departments reporting to the County Judge/Commissioners Court to ensure ongoing operation, policy development and execution. Participates in the annual budget process and facilitates budget implementation. Oversees the preparation of weekly agendas and court orders. Function as a liaison on behalf of the County Judge/Commissioners when appropriate. Performs research on relevant topics and legislation on the national, state and local level. Coordinate, execute, and maintain an internal communications plan to facilitate communication within County government. Engage with the public, businesses and community organizations on behalf of the County Judge/Commissioners to facilitate productive government interaction with those groups and other entities. Provides guidance of all County departments to ensure that County business is conducted in the most efficient and cost-effective manner. Ensures the proper administration of all affairs of the County which the County Judge &/or Commissioners Court has authority to control. Act as a main consultant to the County Judge. Advise Commissioners Court and elected officials on civil legal matters (economic development, labor, subdivision regulations, tax, open records, conflicts of interest, land interests, Federal, State and Local regulations, grants, interlocal agreements, bid proposals, construction, and constitutional claims). Prepare and interpret contracts, review and analyze real estate documents. Perform legal research, interpret statutes, case law and constitutional law. Prepare legal documents including contracts, briefs, legal opinions, motions and pleadings. Confer with other legal counsel, interview witnesses, negotiate settlements and make court appearances as necessary. APPROVED Other Duties as assigned. Su ervision Received: From County Judge Duane Peters Date Given: County Judge Education Required: Education and experience equivalent to a Bachelor's Degree in business, public administration, Juris Doctor or in a job related field of study. Preferred: Experience Required: Ten (10) years administrative experience in business, public administration, law or related field required. Preferred: Experience in civil trial, governmental, appellate law and related experience. Certificates, Licenses, Registrations Vol. 313 P.g. 224e- I Required: State of Texas law license. Preferred: Physical Demands Typical: Light lifting and carrying of approximately 20 pounds or less. Knowledge, Skills, & Abilities Typical: Must have a working knowledge of Criminal Law, Family Law, Mental Health Law and Bail Bond Law. Possess the ability to understand and apply the law. Excellent oral and written communication skills. Experience in consulting and operations. Strong interpersonal skills and a knack for productive collaboration across varying departments. Detail -oriented and data -driven. Able to successfully organize, lead and direct large teams of people. Possess an encouraging, can -do attitude. Effective manager. Impeccable time management and multi -tasking skills. Business -minded and a strategic planner. Proven problem solver who can make clear-headed decisions while under pressure. Ability to analyze and compile large sets of data and present effective reports. Highly experienced with project coordinating and management. Self -motivated and self- sufficient. Proven creative thinker with strong business acuity. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is frequently required to work under time pressures to meet deadlines, to perform multiple tasks simultaneously, to perform tedious and exacting work; and to work closely with others as part of a team. Vol. pg.�7-- Brazos County Job Description Last Updated: September 2012 RECEIVE' Template Revision 12 08/15/2012 APR 16 2W Class Number: 0241 Title: General Counsel Pay Group: N/A Department: County Judge FLSA Status: Exempt Reports To: County Judge Approved Date: EEOC Category: Professionals General Summary: Performs professional legal work advising the Commissioner's Court, other County elected Officials, department heads, and various boards' commissions on civil legal matters. Essential Duties: Advise on civil legal matters, including economic development, labor matters, subdivision regulations, tax matters, open records, conflicts of interest, land interests, federal and local regulations, grants, interlocal agreements, bid proposals, construction, corporate formation, and constitutional claims. Work involves representing the County and its employees in court and advising officials on issues with legal implication for the County. Employee is responsible for preparing and interpreting contracts, reviewing and analyzing real estate documents, and performing all legal work in preparation for court appearances, including, but not limited to: performing legal research, interpreting statutes and constitutional provisions, preparing briefs and motions, drafting all necessary pleadings in environmental, eminent domain and civil cases, identifying all proper parties to litigation, securing service on all parties, interviewing witnesses, taking depositions and securing full discover, seeking interlocutory or appellate relief as appropriate, conferring with other legal counsel, making all necessary court appearances, negotiating settlements as authorized, etc. Other Duties as assigned. Supervision State of Texas law license. Zo cue Peter Date - �ounty Judge Received: From County Judge Given: This is a non -supervisory position. Education Required: Juris doctor degree plus minimum of four (4) years in the practice of law. Preferred: Must have a working knowledge of Criminal Law, Family Law, Mental Health Law and Bail Bond Law. Possess the ability to understand and apply the law. Experience Required: 1 Experience in civil trial, governmental, appellate law and related experience. I Preferred: Certificates, Licenses, Registrations Required: Preferred: State of Texas law license. Zo cue Peter Date - �ounty Judge Physical Demands Typical: Light lifting and carrying of approximately 20 pounds or less. Knowledge, Skills, & Abilities Typical: Must have a working knowledge of Criminal Law, Family Law, Mental Health Law and Bail Bond Law. Possess the ability to understand and apply the law. Vol,3122 Pg. am Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is frequently required to work under time pressures to meet deadlines, to perform multiple tasks simultaneously, to perform tedious and exacting work; and to work closely with others as part of a team. ORDER 20-011 PROVIDING FOR THE DEFERMENT OF THE PAYMENT OF THE HOTEL OCCUPANCY TAXES WHEREAS, on the 23`d day of July 2013, Order -'#13-005, the Commissioners Court of Brazos County, Texas created a "two and .75/100 percent Hotel Occupancy Tax; and WHEREAS, the negative impact of the COVID-19 pandemic, including "Shelter in Place" directions from the national government, state government, city governments and Brazos County have had a significant economic impact on local hoteliers; WHEREAS, the Cities of College Station and Bryan, Texas, have deferred Hotel Occupancy Tax payments due to these conditions; NOW THEREFORE, it is ordered that the payment of the two percent (2.090) of the Hotel Occupancy Tax collected by hoteliers between March 1, 2020 through July 31, 2020 are due and payable to Brazos County December 31, 2020. Payment of the ".75/100 percent' of the Hotel Occupancy Tax collected by the County pursuant to an ILA with Texas A&M University Is not deferred and must be paid when due. This Order does not prohibit the timely payment of the Hotel Occupancy Tax by hoteliers that do not want to defer payments. ORDERED thisj_ day of .2020 Duane Peters County Judge Commissioner Steve Aldrich Precinct I Commis over Nancy Berry Precinct 3 Commissiyfier Sammy Catalena -Prean Commissioner --Irma Cauley, Precinct 4 r �J ATTEST: "'�'�..4e��_ Karen McQueen, County C el rk ORDER 20-012 FOR EMERGENCY AMENDMENT FISCAL YEAR 2020 APRIL 21, 2020 This Order for Emergency Amendment to the Brazos County Adopted Budget for Fiscal Year 2020 ("Amendment") is entered by the County of Brazos, ("County") a political subdivision of the State of Texas, acting by and through its County Commissioners Court ("Court"). Following the adoption of the Brazos County Budget for Fiscal Year 2020 ("Budget"), On March 13, 2020 the Brazos County Judge declared a Local State Disaster due to a Public Health Emergency. The Brazos County Judge has since expressed the necessity to eliminate two (2) Civil Attorney positions within the County Attorney's Office and create two (2) positions within the County Judge's Office, one being Chief of Staff/Legal Officer and the other being General Counsel, to help respond to the Local State of Disaster as well as maintain efficient operation of the county currently and into the future. The new positions would be effective April 18, 2020. Brazos County has been under a declared Local State of Disaster due to a Public Health Emergency since March 13, 2020 and will continue to be under the same for the foreseeable near future. Additionally, Brazos County has been under a "Shelter in Place Order" since March 23, 2020 issued by the Brazos County Judge and has been under an "Essential Services and Activities Order" enacted by Governor Greg Abbott since March 31, 2020. Both Orders are set to currently expire at the end of the day April 30, 2020. Brazos County has been dealing with the global pandemic of COVID-19 and this emergency action is necessary to prepare the County to continue its response to the pandemic now and in the future as we move forward. The Brazos County Commissioner Court finds that it is necessary to amend its Budget to delete the following positions to create the following new position: a. Delete Two (2) full-time Civil Attorney -County Attorney b. Create One (1) full-time General Counsel -County Judge c. Create One (1) full-time Chief of Staff/Legal Officer -County Judge Emergency Order Amending the Brazos County Adopted Budget for Fiscal Year 2020 Page 1 Vol. 3 PVDl Texas Local Government Code §111.010(c) provides that: "The commissioners court may authorize an emergency expenditure as an amendment to the original budget only in a case of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention. If the court amends the original budget to meet an emergency, the court shall file a copy of its order amending the budget with the county clerk, and the clerk shall attach the copy to the original budget." The Court finds that the emergency expenditure as an amendment to the original budget is authorized to adequately respond to the COVID-19 Global Pandemic and continue the operations of Brazos County efficiently now and in the future. PASSERO ED this 2 s pril 2020. 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P .b•I F- The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.06) Witness my hand this -LI day of A.D. 2020 Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this T�, day of Duane Peters, County Judge teve 'ch, Commissioner Precinct #1. Sammy CatalenCommissioner Precinct 42 Nancy Berry, ommissioner Precinc 3 �M4A A0 -1 a aul y, f `ssione cinct #4 Tieasurer's Report for the MONTH FEBRUARY 2020 von. pg.—Q2`c'�. aapnl ijunoD OWG si'aad ou7anQ �[HA ddV 1 N N N W w A A A N N oNo 000 Ooo is is a� w w 01 Ol 61 w w V V V W W N N !"P to N N N 1-•t FN -t ?Q Oo ?o A A rn m tsw w rn rr rn w w a M w D O c n A m v wv 1 O cDi D Xm O He a H z w -I m A N o to Dc wwww0 Xn MMM t9toWA mO •D NNNNr:� 0-1 Nov VVVVN AwNFi t A o0 WA ••\� n r wF+m ��coon mz 01�� CC tnN O CDOCD 0 0 0 0 Z m am 1-40 0 0 00000 o -A D D A O D r r r z O8NA um o 0H - H ozW0000�" -1 NN Ow cc r r o vW z r m m w D a M < v m X A N to n O X H AF-�F+vZ D•o wI�F+w 000v,� n n FA+t0itLn0•rl-I cz N N N O S Z 0000 I O O O O O M m i _ v M 0 u nmn im m n N 2 O H H O u V 02 n< C cA DEOA z r 1D 9 me DDDD� v-0vv ►loci i {� N N N N m 3 a O O O O H i xsxx m n H EnH 2 2 2 2 aa0a H H mmmm O 111 z N N N W w A A A N N oNo 000 Ooo is is a� w w 01 Ol 61 w w V V V W W N N !"P to N N N 1-•t FN -t ?Q Oo ?o A A rn m tsw w rn rr rn w w a M w D O c n A m v wv 1 O cDi D Xm O He a H z w -I m A N BRAZOS COUNTY, TEXAS BUDGET AMENDNIENT(S) FOR THE 2019-2020 BUDGET YEAR NO. 19/10 29.1— 29,4 On this the 21st day of April, 2020 at a regular meeting of the Com-missioners' Court, the -following members were present' A. Duane Peters, County Judge, Presiding B. Steve Aldrich; Commissioner, Precinct I C. SanunyCatalena, Commissioner, Precinct 2 D. NancyBerry, Commissioner, Precinct 3 E. Inria Cauley,.Comniissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WIIEREM, on 21 st-dayof April 1-020 the Court heard and approved a budget amendments) for. the 201)-2020 budget: year for Brazos County, Texas, and WHEREAS,.expenditure is necessary due to the necessity to -meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 10 September 2019, the follo«,,ing amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 21 st day of April 2020. THE CONINJISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. BY Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120.29.1 412'112020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease Capital hnproventent General Capital Fund hn rovement Capital Outlav 4,690.00 Capital hnprovcment Fund Other Financin • Sources 4.650.00 CO 2020 Other Finaneine Sources 4,690.00 CO 2020 1 Jaff Kitchen Expansion Cavital Outlay 4,690.00 4500 63000500 80286000 CR Equipment - Other 4,690.00 4500 91122000 DR Transfer to CO 2020 4.690.00 4320 49015000 CR Transfer fm Capital Ira r• Fund 4,690.00 4320 63432100 80101003 DR Buildine Renov - Jail 4,690.00 General Capital Im' rovement Fund and CO 2020 Reallocation of funds to the appropriate division for the kitchen renovation at the Jail. nnp ;Date:13/202& _ Y artment AP oval=_ CountyJudgeApproval. -_._, wDate FU _. or�:(cwtintiiie Pu es OnN• �. �..'r� � �. ! . ., ;.._ � � � :' .- � m .M -. `;n �.�,.+;"_�.� � < ,y >a�ii'a ;; ;J>�`.�£° FUND DIV ACCT DRJCR ACCOUNTNAME Increase Decrease 4500 63000500 80286000 CR Equipment - Other 4,690.00 4500 91122000 DR Transfer to CO 2020 4.690.00 4320 49015000 CR Transfer fm Capital Ira r• Fund 4,690.00 4320 63432100 80101003 DR Buildine Renov - Jail 4,690.00 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 19120 - 29.2 412112020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease General Fund Commissioners' Court Non•De ariment Contractual Services 12;551:60 General Fund Information Technolocv 1. T. Services Departmental Suppon 452.60 General Fund Information Tcclmoloav 1. T. Services Contractual Services 12.049.00 DRICR ACCOUNTNAME Increase Decrease 0100 11000500 71025000 CR ContractServi-es 12.551.60 0100 14000200 60500000 DR Equipment &- IT Enhancements 452.60 0100 14000200 71020000 DR Com uter Conuacts 12.099.00 L` Commissioners' Court and Information Teehnalugv Reallocation of funds to the appropriate division for the monthly fees and a ui meat nmlcd for die redundant internet connection projecL nop, i j Zubty A royal. _. Date I . e.AP.Proval.m _ Date,:_ For AceountWL- Pu csOnh, F -. '� � .. �..: _�:..�� �- . x -� rr;' M'.:. . • , .�+" ." FUND DIV ACCT DRICR ACCOUNTNAME Increase Decrease 0100 11000500 71025000 CR ContractServi-es 12.551.60 0100 14000200 60500000 DR Equipment &- IT Enhancements 452.60 0100 14000200 71020000 DR Com uter Conuacts 12.099.00 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 19120 - 29.3 Reallocation of funds to the appropriate division to purchase additional hardssare and sofhsarc to be used with the Brazos County Voting System to assist with the teal ballots for upcoming Date:, entA oval. ;County JOde Approval__. F.orAcceotintiu' .Pu Only FUND DN ACCT DRICR ACCOUNT NAME Increase Decrease 3000 212100 60500000 CR Equipment & R Enhancements 28,x00,00 3000 212100 80203000 DR Cori user-Natdware 13,400,00 3000 212100 80211000 DR Computer - sollware 15,000.00 r r�; M, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 19120 - 29.4 4/2112020 FUND DEPARTMENT DIVISION CATEGORY DESCRIPTION Increase Decrease 2017 Certs of Obligations Juvenile Expansion . -Capital Outlay 23,505,06 2017 Certs of Obligations Odwr Financing Sources 23.505.06 General Fund Odrer Financine Sources 29.505.06 General Fund Juvenil. Administration Departmental Support 8.347.90 General Fund Juvenile Administration Minor Ae uisitions 20.157.16 63431700 80170000 CR Building - JuvenlleE> anion 28.505.06 4317 91300000 DR Tram ter to General Fund 28.505.06 0100 49020500 CR Transfer from CO 2017 23,505.06 O100 31000100 60500000 DR Equipment & IT Enhancement 8.347.90 0100 31000100 67205000 DR Network Cast 30.1 57.16 2017 Cert of Obligation -Juvenile Expansion and Juvenile Administration Reallocation of funds to the appropriate departmentls account to purchase ucnvurk equipment Cor die Juvenile Expansion. In FY 2018, General Capital hnprovetuent Funds were addod to 2017 Certificate ofOblieatibns to Wp fund the Juvenile Exanion. ;,, - ---�;_i=,{err,•.,,, e nt'Ap 01 �L7ate Date:;" _ _ - _ :4!15!2020' ':County Judge Approval'_ ,: _- Date For Aecoflni3 o:Pu '" iAtil =, _ _. _ FUND DIV ACCT DRICR ACCOUNT NAME Increase Decrease 4317 63431700 80170000 CR Building - JuvenlleE> anion 28.505.06 4317 91300000 DR Tram ter to General Fund 28.505.06 0100 49020500 CR Transfer from CO 2017 23,505.06 O100 31000100 60500000 DR Equipment & IT Enhancement 8.347.90 0100 31000100 67205000 DR Network Cast 30.1 57.16 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: April 21, 2020 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To County Judge Bull, Ed Erratt, Bruce Pre -Trial Bond Supervision Beaty, Margaret Sheriff Administration Tax Office Dodson, Adam Lampkin, Star Westbrook, Roger Approved in Commissioners' Court: April 21, 2020: County Judge's or Commissioner's Signature: (This Copy to -be -attached to minutes) Change of Status Change of Status Employment Change of Status Change of Status Separation