13 - Authorizing necessary documents to pursue the Coronavirus Relief Fund created by the CARES Act

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A municipality may yield any portion of its allocated funds to the county within which it exists or a county may yield any portion of its allocated funds to a municipality within its footprint for eligible expenses. This may be accomplished in one of the following ways: 1. By a grant amendment, as described in section 1.6, where by funds are deobligated from the original subrecipient and then added to previously un -awarded costs items or categories of the receiving jurisdiction's grant award. 2. A subrecipient may use funds pursuant to this agreement to subcontract with another political subdivision within its jurisdiction for eligible and necessary expenditures incurred due to the public health emergency. The subrecipient is responsible for ensuring subcontractor eligibility and maintaining all required documentation. Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that the State of Texas, TDEM, and this Grant Agreement are subject to the Texas Public Information Act, Texas Government Code Chapter 552 (the "PIA"). The grantee acknowledges that TDEM will comply with the PIA, as interpreted by judicial opinions and opinions of the Attorney General of the State ofTexas. The grantee acknowledges that information created or exchanged in connection with this Grant Agreement, including all reimbursement documentation submitted to TDEM, is subject to the PIA, whether created or produced by the grantee or any third party, and the grantee agrees that information not otherwise excepted from disclosure under the PIA, will be available in a format that is accessible by the public at no additional charge to TDEM or State of Texas. The grantee will cooperate with TDEM in the production of documents or information responsive to a request for information. 1,9 Remedies fnr Non- Compfiance If TDEM determines that the grantee materially fails to comply with any term of this grant agreement, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or any other applicable requirement, TDEM, in its sole discretion may take actions including: 1. Temporarily withholding cash payments pending correction of the deficiency or more severe enforcement action by TDEM; 2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in compliance; 3. Disallowing claims for reimbursement; 4. Wholly or partially suspending or terminating thisgrant; 5. Requiring return or offset of previous reimbursements; 6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs administered by TDEM until repayment to TDEM is made and any other compliance or audit finding is satisfactorily resolved; 7. Reducing the grant award maximum liability of TDEM; 8. Terminating this Grant Agreement; 9. Imposing a corrective action plan; 7 1 '2