| (a) Limitations of funding. The Board has sole discretion
in determining which activities are necessary for the development
or revision of RFPs. However, no funds provided by the Board may be
expended by RFPGs for the following:
(1) activities for which the EA determines existing
information, data, or analyses are sufficient for the planning effort
including but not limited to:
(A) model development, modeling, or collection of data
describing flood hazard exposure or flood risks where information
for evaluation of flood hazard exposure or flood risks is currently
available from other sources or that will be made available by TWDB
or others in sufficient time, with appropriate methodologies and details
to be utilized by the RFPG in development of their RFP;
(B) detailed technical evaluations of FMEs or FMSs
or FMPs, including regarding feasibility, cost, or impacts, where
recent, sufficient information for planning is available, including
from the Board or other entity, to evaluate the FMEs or FMPs or FMSs;
(C) evaluations of topics not directly related to the
regional flood planning contract scope of work or related flood planning
rules for development of regional flood plans; and
(D) revision of the Board-adopted state population
projections.
(2) activities directly related to the preparation
of applications for state or federal permits or other approvals, activities
associated with administrative or legal proceedings by regulatory
agencies, and preparation of engineering plans and specifications;
(3) costs associated with administration of the plan's
development by the Planning Group Sponsor or RFPG members, including
but not limited to:
(A) compensation for the time or expenses of RFPGs
members' service on or for the RFPG;
(B) costs of administering the RFPGs, other than those
explicitly allowed under subsection (b) of this section;
(C) costs for training;
(D) costs of developing an application for funding
or reviewing materials developed due to this grant; and
(4) analysis or other activities related to planning
for disaster response or recovery activities; and
(5) analyses of benefits and costs of FMSs beyond the
scope of such analyses that is specifically allowed or required by
regional flood planning guidance to be provided by the EA unless the
RFPG demonstrates to the satisfaction of the EA that these analyses
are needed to determine the selection of the FMS or FMP.
(b) The following administrative costs are eligible
for funding if the RFPG or its chairperson approves that the expenses
are eligible for reimbursement and are correct and necessary:
(1) travel expenses, as authorized by the General Appropriations
Act, are available only for attendance at a posted meeting of the
RFPG unless the travel is specifically authorized by the RFPG and
EA;
(2) costs associated with providing translators and
accommodations for persons with disabilities for public meetings when
required by law or deemed necessary by the RFPGs and certified by
the chairperson;
(3) direct costs, of the Planning Group Sponsor, for
placing public notices for the legally required public meetings and
of providing copies of information for the public and for members
of the RFPGs as needed for the efficient performance of planning work;
(4) the cost of public notice postings including a
website and for postage for mailing notices of public meetings;
(5) the Planning Group Sponsor’s personnel costs,
for the staff hours that are directly spent providing, preparing for,
and posting public notice for RFPG meetings, including time and direct
expenses for their support of and attendance at such RFPG meetings
in accordance with, and as specifically limited by, the flood planning
grant contract with the Board;
(6) the reasonable cost of purchase or rental of audio-visual
equipment that is necessary to comply with Texas Government Code Chapter
551 related to Open Meetings; and
(7) the cost of rental space to hold RFPG meetings.
(c) Subcontracting. An RFPG through the Planning Group
Sponsor's contractor or subcontractor may obtain professional services,
including the services of a planner, land surveyor, licensed engineer,
or attorney, for development or revision of a regional flood plan
only if such services are procured on the basis of demonstrated competence
and qualifications through a request for qualifications process in
accordance with Texas Government Code Chapter 2254.
|
