(a) This Memorandum of Understanding ("Agreement")
is between the Texas Division of Emergency Management ("TDEM") and
the Texas Water Development Board ("TWDB"), each an agency of the
State of Texas.
(b) Whereas, the 86th Legislature, R.S. passed Senate
Bill 7 relevant portions of which were effective immediately;
(c) Whereas, the governor signed Senate Bill 7 on June
13, 2019;
(d) Whereas, Senate Bill 7 establishes the Hurricane
Harvey Account ("Account") as a part of the Texas Infrastructure Resiliency
Fund ("Fund") under Texas Water Code §16.454;
(e) Whereas, pursuant to Texas Water Code §16.454,
the Texas Water Development Board ("TWDB") may only use the Account
to provide money to the Texas Division of Emergency Management ("TDEM")
to provide financing for projects related to Hurricane Harvey;
(f) Whereas, the TDEM manages the Federal Hazard Mitigation
Grant Program and the Federal Public Assistance Grant Program;
(g) Whereas, the TDEM has previously reviewed hazard
mitigation project funding requests;
(h) Whereas, the TWDB is a State agency with a mission
to provide leadership, information, education, and support for planning,
financial assistance, and outreach for the conservation and responsible
development of water for Texas;
(i) Whereas, the TDEM is charged with carrying out
a comprehensive all-hazard emergency management program for the state
and for assisting cities, counties, and state agencies in planning
and implementing their emergency management programs;
(j) Now, Therefore, in consideration of the benefits
to the State of Texas, the parties hereby agree as follows:
(1) Services to be Performed:
(A) TDEM responsibilities:
(i) It shall be the sole responsibility of TDEM to
administer funds received from the TWDB from the Hurricane Harvey
Account in accordance with Texas Water Code §16.454, and any
federal program, including applicable federal regulations, as permitted
by Texas Water Code §16.454(b), under which the funds will be
spent.
(ii) In accordance with Texas Water Code §16.454(f),
TDEM will periodically provide an Application to the Executive Administrator
of the TWDB ("EA") for the project funding requests that both TDEM
and the EA find meet the requirements of Texas Water Code §§16.454(c),
16.454(f)(1) through (3), and 16.454(g). The TDEM Application will
include supporting documentation that demonstrates how the application
for each entity that will receive funding meets any applicable prioritization
and the criteria in Texas Water Code §16.454.
(iii) TDEM will accept and prioritize eligible flood
project, other than public assistance grants, requests for funding
from the Hurricane Harvey Account.
(iv) In prioritizing the projects for the Hazard Mitigation
Program, TDEM used a prioritization system, which the TWDB has reviewed
and is acceptable to the TWDB.
(v) TDEM will provide the TWDB regular quarterly reports
that include all information necessary for the TWDB to meet the transparency
requirements of Texas Water Code §16.459.
(I) The report must include the following for each
project:
(-a-) the expected completion date;
(-b-) the current status of the project;
(-c-) proposed benefit of the project;
(-d-) initial cost estimate and variances to the initial
cost estimate, if the variances are over 5%;
(-e-) a list of the eligible political subdivisions
receiving money from the Fund;
(-f-) a list of each political subdivision served by
each project; and
(-g-) an estimate of matching funds for the project;
and
(-h-) status of repayment, if there was a loan made
for the project.
(II) If applicable, the prioritization system for prioritizing
flood projects and the number of points awarded by TDEM.
(vi) TDEM will provide any additional supporting information
as may be requested by the TWDB.
(vii) TDEM will maintain sufficient records and receipts
as may be required by the Texas Comptroller of Public Accounts to
ensure the funds are distributed in accordance with Texas Water Code §16.454
and to satisfy the State Auditor's Office review.
(viii) On or before August 1, 2031, TDEM will return
any remaining funds to the TWDB.
(B) TWDB responsibilities:
(i) After receipt of each TDEM Application (and supporting
documentation), TWDB will promptly transfer funds in an amount equal
to the requested funding amount that meets the prioritization criteria
and the statutory criteria of Texas Water Code §§16.454(c),
16.454(f)(1) through (3), and 16.454(g).
(ii) The EA of the TWDB will have the right to request
additional supporting information as necessary to comply with the
requirements of Texas Water Code §16.459.
(2) Basis for Calculating Reimbursable Costs: Not applicable
as services and resources under this Agreement are provided for disaster
relief.
(3) Agreement Amount: The total amount of this Agreement
may not exceed $0.00.
(4) Term: This Agreement is effective upon signature
of both parties. This Agreement may be terminated at the request of
either party. The Agreement will otherwise terminate at the earlier
of either when the account is exhausted, or September 1, 2031. If
the Account contains funding on September 1, 2031, the remaining balance
shall be transferred to the TWDB Flood Plan Implementation Account.
(5) Certifications:
(A) Each party certifies that:
(i) The services specified above are necessary and
authorized for activities that are properly within the statutory functions
and programs of the parties; and
(ii) The services, materials, or equipment contracted
for are not required by Section 21 of Article XVI of the Constitution
of Texas to be supplied under contract given to the lowest responsible
bidder.
(B) TWDB certifies that it has the authority to agree
to the above services.
(C) TDEM certifies that it has the authority to agree
to the above services.
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