ASSISTANCE AGREEMENT - PHMSA FY23 NGDISM GRANTASSISTANCE AGREEMENT
1. Award No.
693JK32540003NGDI
2. Modification No.
3. Effective Date
4. CFDA No.
20.708
5. Awarded To
CITY OF CLEARWATER
100 S MYRTLE AVE
CLEARWATER FL 33756552011/24/2026
3. Sponsoring Office
PIPELINE AND HAZARDOUS MATERIALS SA
Office of Pipeline Safety (PHP)
1200 New Jersey Avenue SE, East Bldg, 3rd
Washington DC 20590
7. Period of Performance
11/25/2024
through
8. Type of Agreement
9. Authority
10. Purchase Request or Funding Document No.
PH956-25-0003
X Grant
❑ Cooperative Agreement
❑ Other
11. Remittance Address
CITY OF CLEARWATER
Attn: MONICA D. MITCHELL
100 S. MYRTLE AVE
CLEARWATER FL 33756
12. Total Amount
Govt. Share: $93,918.00
Cost Share : $0.00
Total : $93,918.00
13. Funds Obligated
This action: $93,918.00
Total : $93,918.00
14. Principal Investigator
15. Program Manager
SHAKIRA MACK
Phone: 202-366-5090
16. Administrator
PIPELINE AND HAZARDOUS MATERIALS SA
Acquisition Services Division
1200 New Jersey Avenue SE, East Bldg,
Washington DC 20590
3a
17. Submit Payment Requests To
18. Paying Office
PHMSA Delphi eInvoicing System
https://einvoice.esc.gov
19. Submit Reports To
20. Accounting and Appropriation Data
1402112281.2025.PSGRT05010.50D0200000.41010.61000000.0000000000.0000000000.0000000000.0000000000
21. Research Title and/or Description of Project
City of Clearwater FY 2023
For the Recipient
For the United States of America
22. Signature of Person Authorized to Sign
25. Signature of Grants/Agreements Officer
23. Name and Title
24. Date Signed
26. Name of Officer
DAMOND SMITH
27. Date Signed
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED
693JK32540003NGDI
PAGE OF
2 12
NAME OF OFFEROR OR CONTRACTOR
CITY OF CLEARWATER
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
DUANTITY
(C)
U(ID)
UNIT PRICE
(E)
AMOUNT
(F)
00001
UEI: SG2DQRMWJYL6
The purpose of this Agreement is to award a new
grant under the Natural Gas Distribution
Infrastructure & Safety Modernization (NGDISM)
grant program to the City of Clearwater.
Prepay Indicate: YES
City of Clearwater - Natural Gas Distribution
Infrastructure Safety Modernization (NGDISM)
Grant - Equipment only.
Obligated Amount: $93,918.00
POINTS OF CONTACT:
Grants Management Contact: Tracy Hanks,
202-944-0830, tracy.hanks.ctr@dot.go
ESC Payment Questions:
9-amc-amz-phmsa-invoices@faa.gov
The obligated amount of award: $93,918.00. The
total for this award is $93,918.00.
93,918.00
PHMSA FY23 NGDISM Grant Terms and Conditions
Table of Contents
ARTICLE 1 - PURPOSE 4
1.1 Purpose 4
ARTICLE 2 - PHMSA ROLE 4
2.1 PHMSA Responsibilities 4
ARTICLE 3 - RECIPIENT ROLE
3.1 Statements on the Project
3.2 Statements on Authority and Capacity
3.3 PHMSA Reliance
3.4 Project Delivery
3.5 Rights and Powers Affecting the Project
4
4
5
5
5
6
ARTICLE 4 - AWARD AMOUNT, OBLIGATIONS, AND TIME PERIODS
6
4.1 Federal Award Amount 6
4.2 Budget Period. 6
4.3 Period of Performance 6
ARTICLE 5 - STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES
5 Notification Requirement
5.2 Scope and Statement of Work Changes.
5.3 Schedule Changes.
5.4 Budget Changes
5.5 PHMSA Acceptance of Changes
.1
6
6
6
6
7
8
ARTICLE 6 - GENERAL REPORTING TERMS
8
6.1 Report Submission. 8
6.2 Alternative Reporting Methods 8
6.3 Paperwork Reduction Act Notice 8
ARTICLE 7 - PROGRESS AND FINANCIAL REPORTING
8
7.1 Quarterly Project Progress Reports and Recertifications. 8
7.2 Final Progress Reports and Financial Reporting 8
9
8.1 Site Visits and Desk Audits 9
8.2 Compliance with Pipeline Safety Regulations. 9
ARTICLE 8 - PERFORMANCE MEASUREMENT
ARTICLE 9 - NONCOMPLIANCE AND REMEDIES 9
9.1 Noncompliance Determinations 9
9.2 Remedies 10
9.3 Other Oversight Entities 10
ARTICLE 10 - AGREEMENT TERMINATION 11
10.1 PHMSA Termination 11
10.2 Closeout Termination 11
10.3 Post -Termination Adjustments 11
10.4 Non -Terminating Events 12
10.5 Other Remedies 12
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PHMSA FY23 NGDISM Grant Terms and Conditions
ARTICLE 11 - MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND
RECORDS 12
11.1 Recipient Monitoring and Record Retention 12
11.2 Financial Records and Audits 12
11.3 Internal Controls 13
ARTICLE 12 - CONTRACTING 13
12.1 Procurement Standards 13
12.2 Buy America 13
12.3 Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment 13
12.4 Government -wide Debarment and Suspension (Non -Procurement) 14
12.5 Contracting with Small Businesses, Small Minority -Disadvantaged Businesses, and
Small Businesses which are Women -Owned, Veteran -Owned, Disabled Veteran -
Owned or located in HUBZone Areas 14
ARTICLE 13 - COSTS, PAYMENTS, AND UNEXPENDED FUNDS 15
13.1 Limitation of Federal Award Amount 15
13.2 Project Costs 15
13.3 Timing of Project Costs 15
13.4 Recipient Recovery of Federal Funds 15
13.5 Unexpended Federal Funds 16
13.6 Timing of Payments to the Recipient 16
13.7 elnvoicing 16
13.8 Payments 17
13.9 Information Supporting Expenditures 19
13.10 Indirect Cost Rate 19
ARTICLE 14 - LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY 19
14.1 Liquidation of Recipient Obligations 19
14.2 Funds Cancellation 19
ARTICLE 15 - AGREEMENT MODIFICATIONS 20
15.1 Bilateral Modification 20
15.2 PHMSA Unilateral Modifications 20
15.3 Other Modifications 20
ARTICLE 16 - FEDERAL FINANCIAL ASSISTANCE, ADMINIS I'RATIVE, AND
NATIONAL POLICY REQUIREMENTS 20
16.1 Uniform Administrative Requirements for Federal Awards 20
16.2 Federal Law and Public Policy Requirements 20
16.3 Federal Freedom of Information Act 20
16.4 History of Performance 21
16.5 Whistleblower Protection 21
16.6 Prohibition on Awarding to Entities that Require Certain Internal Confidentiality
Agreements 21
16.7 Executive Orders 21
16.8 National Environmental Policy Act 22
16.9 Labor and Work 22
16.10 Critical Infrastructure Security and Resilience 22
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PHMSA FY23 NGDISM Grant Terms and Conditions
16.11 811, Call Before You Dig Program 22
16.12 External Award Terms and Condition 23
16.13 Incorporated Certifications 23
ARTICLE 17 - ASSIGNMENT 24
17.1 Assignment Prohibited 24
ARTICLE 18 - WAIVER 24
18.1 Waivers 24
ARTICLE 19 - ADDITIONAL TERMS AND CONDITIONS 24
19.1 Disclaimer of Federal Liability 24
19.2 Relocation and Real Property Acquisition 25
19.3 Equipment Disposition 25
19.4 Notice of News Releases, Public Announcement, and Presentations 25
19.5 Reporting Fraud, Waste, or Abuse 25
19.6 Project Signage 26
ARTICLE 20 - MANDATORY AWARD INFORMATION 26
20.1 Information Contained In a Federal Award 26
20.2 Federal Award Identification Number. 26
20.3 Recipient's Unique Entity Identifier. 26
ARTICLE 21 - CONSTRUCTION AND DEFINITIONS 26
21.1 Incorporation by Reference. 27
21.2 Construction. 27
21.3 Integration. 27
21.4 Definitions 27
ARTICLE 22 - AGREEMENT EXECUTION AND EFFECTIVE DATE 28
22.1 Counterparts 28
22.2 Effective Date 28
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PHMSA FY23 NGDISM Grant Terms and Conditions
GENERAL TERMS AND CONDITIONS
The Infrastructure Investment and Jobs Act, Publ. L. No. 117-58, Div. J (Nov. 15, 2021)
(the "IIJA") made funds available to the Pipeline and Hazardous Materials Safety
Administration ("PHMSA") to carry out the Natural Gas Distribution Infrastructure Safety and
Modernization ("NGDISM") Grant Program by providing Federal financial assistance to
municipality or community owned utilities (not including for-profit entities) to repair,
rehabilitate, or replace their natural gas distribution pipeline systems or portions thereof or to
acquire equipment to (1) reduce incidents and fatalities and (2) avoid economic losses.
These General Terms and Conditions govern the rights and obligations of PHMSA and
the entity named in PHMSA's Assistance Agreement's, Box 5 Awarded To of (the "Recipient")
with respect to the Recipient's Fiscal Year 2023 NGDISM award.
ARTICLE 1- PURPOSE
1.1 Purpose. The purpose of this award is to fund an eligible Fiscal Year 2023 NGDISM
project to repair, rehabilitate, or replace a municipality- or community -owned natural gas
distribution pipeline system or portions thereof or to acquire equipment to (1) reduce
incidents and fatalities and (2) avoid economic losses. The parties will accomplish that
purpose by achieving the following objectives:
(a) timely completing the Project; and
(b) ensuring that this award does not substitute for non -Federal investment in the
Project.
ARTICLE 2 - PHMSA ROLE
2.1 PHMSA Responsibilities. PHMSA will administer this agreement on behalf of the
United States Department of Transportation ("USDOT"). PHMSA is responsible for the
overall administration of the NGDISM program and any modifications to this agreement.
ARTICLE 3 - RECIPIENT ROLE
3.1 Statements on the Project. The Recipient represents that:
(a) all material facts in the Recipient's Initial Application (as defined in Section 21.4)
were accurate when that application was submitted; and
(b) if the Recipient submitted a Final Application (as defined in Section 21.4), all
material facts in the Recipient's Final Application are accurate as of the date of
this agreement, and that the Final Application documents all material changes in
the information contained in the Initial Application.
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PHMSA FY23 NGDISM Grant Terms and Conditions
3.2 Statements on Authority and Capacity. The Recipient represents that:
(a) it has the authority to receive Federal financial assistance under this agreement;
(b) it has the legal authority to complete the Project;
(c) it has the ability or capacity, including institutional, managerial, and financial
capacity, to comply with its obligations under this agreement;
(d) it has sufficient funds available to ensure that infrastructure completed or
improved under this agreement will be operated and maintained in compliance
with this agreement, applicable Federal law, and applicable pipeline safety
regulations; and
(e) the individual executing this agreement on behalf of the Recipient has authority to
enter this agreement and make the representations in this Article 3 and in section
16.13 on behalf of the Recipient.
3.3 PHMSA Reliance. The Recipient acknowledges that:
(a) PHMSA relied on statements of fact in the Initial Application to select the Project
to receive this award;
(b) PHMSA relied on statements of fact in the Initial Application to determine that
the Recipient and the Project are eligible under the terms of the NOFO and the
program statute;
(c) PHMSA relied on statements of fact in the Initial Application and/or the Final
Application, and this agreement to establish the terms of this agreement; and
(d) PHMSA's selection of the Project to receive this award prevented awards under
the NOFO to other eligible applicants.
3.4 Project Delivery.
(a) The Recipient shall complete the Project under the terms of this agreement.
(b) The Recipient shall ensure that the Project is financed, constructed, operated, and
maintained in accordance with all Federal and State laws, regulations, and
policies that are applicable to PHMSA projects.
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PHMSA FY23 NGDISM Grant Terms and Conditions
3.5 Rights and Powers Affecting the Project.
(a) The Recipient shall not take or permit any action that deprives it of any rights or
powers necessary to the Recipient's performance under this agreement, or any
action that would affect the Recipient's eligibility for the NGDISM program,
without PHMSA's prior written approval.
(b) The Recipient shall act promptly, in a manner acceptable to PHMSA, to acquire,
extinguish, or modify any outstanding rights or claims of right of others that
would interfere with the Recipient's performance under this agreement.
ARTICLE 4 - AWARD AMOUNT, OBLIGATIONS, AND TIME PERIODS
4.1 Federal Award Amount. PHMSA hereby awards a NGDISM Grant to the Recipient in
the amount described in PHMSA Assistance Agreement Box 12, Total Amount.
4.2 Budget Period. This award will have one budget period, which will run concurrently
with the Period of Performance described in section 4.3. In this agreement, "budget
period" is used as defined at 2 C.F.R. 200.1.
4.3 Period of Performance. The Period of Performance for this award begins and ends on
the dates stated in PHMSA's Assistance Agreement's Box 7, Period of Performance. In
this agreement, "period of performance" is used as defined at 2 C.F.R. 200.1.
ARTICLE 5 - STATEMENT OF WORK, SCHEDULE, AND BUDGET CHANGES
5.1 Notification Requirement. The Recipient shall notify PHMSA in writing within 30
calendar days of any change in circumstances or commitments that adversely affect the
Recipient's plan to complete the Project. In that notification, the Recipient shall describe
the change and what actions the Recipient has taken or plans to take to ensure completion
of the Project. As described in sections 5.2 through 5.4, the Recipient shall request a
modification of this agreement as necessary.
5.2 Scope and Statement of Work Changes. If the Project's scope or activities differ from
the scope or activities described in the Recipient's Initial and/or Final Application, then
the Recipient shall request a modification of this agreement to update the Recipient's
Initial and/or Final Application.
5.3 Schedule Changes. If one or more of the following conditions are satisfied, then the
Recipient shall request a modification of this agreement to update the Period of
Performance or the project schedule in the Recipient's Initial and/or Final Application, as
applicable:
(a) a completion date for the overall Project or a milestone of the Project is listed in
the Recipient's Initial and/or Final Application, and the Recipient's estimate for
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PHMSA FY23 NGDISM Grant Terms and Conditions
that milestone changes to a date that is more than six months after the date listed
in the Recipient's Initial and/or Final Application; or
(b) a schedule change would require the Period of Performance to continue after the
Period of Performance listed in section 4.3.
5.4 Budget Changes.
(a) The Recipient acknowledges that if the cost of completing the Project increases:
(1)
that increase does not affect the Recipient's obligation under this
agreement to complete the Project;
(2) PHMSA will not increase the amount of this award to address any funding
shortfall; and
(3)
the Recipient shall notify PHMSA, in writing, if the Recipient anticipates
being unable to fully complete the Project due to the increased cost.
(b) If there are Project Cost Savings, then the Recipient may propose to PHMSA, in
writing consistent with PHMSA's requirements, to include in the Project specific
additional activities that are within the scope of the Recipient's approved National
Environmental Policy Act ("NEPA") document, and that the Recipient could
complete with the Project Cost Savings.
In this agreement, "Project Cost Savings" means the difference between the actual
allowable project costs and the Federal Award Amount listed in section 4.1, but
only if the actual allowable project costs are lower than the Federal Award
Amount.
(c) If there are Project Cost Savings and either the Recipient does not make a
proposal under section 5.4(b) or PHMSA does not accept the Recipient's proposal
under section 5.4(b), then:
(1) the Recipient shall request a modification of this agreement to reduce the
Federal Award Amount listed in section 4.1 by the amount of the Project
Cost Savings; and
(2) if PHMSA had reimbursed costs exceeding the reduced Federal Award
Amount, the Recipient shall refund to PHMSA the difference between the
reimbursed costs and the reduced Federal Award Amount.
(d) The Recipient acknowledges that amounts that are required to be refunded under
section 5.4(c)(2) constitute a debt to the Federal Government that PHMSA may
collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31
C.F.R. parts 900-999).
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PHMSA FY23 NGDISM Grant Terms and Conditions
5.5 PHMSA Acceptance of Changes. PHMSA may accept or reject modifications requested
under this article 5, and in doing so may elect to consider only the interests of the
NGDISM program and PHMSA. The Recipient acknowledges that requesting a
modification under this article 5 does not amend, modify, or supplement this agreement
unless PHMSA accepts that modification request and the parties modify this agreement
under section 15.1.
ARTICLE 6 - GENERAL REPORTING TERMS
6.1 Report Submission. The Recipient shall send all reports required by this agreement to
PHMSA using the process required by PHMSA.
6.2 Alternative Reporting Methods. PHMSA may establish processes for the Recipient to
submit reports required by this agreement, including electronic submission processes. If
the Recipient is notified of those processes in writing, the Recipient shall use the
processes required by PHMSA.
6.3 Paperwork Reduction Act Notice. Under 5 C.F.R. 1320.6, the Recipient is not required
to respond to a collection of information that does not display a currently valid control
number issued by the Office of Management and Budget (the "OMB"). Notwithstanding
any other term of this agreement, the due date for any information collections required
under this agreement, including the reporting requirements in articles 7 and 8, is the later
of (1) the due date stated with the requirement and (2) the 30th day after OMB approves
that information collection.
ARTICLE 7 - PROGRESS AND FINANCIAL REPORTING
7.1 Quarterly Project Progress Reports and Recertifications. Recipient quarterly reports
shall be submitted by the 30th calendar day after the quarterly reporting period ends (Q1
Jan 30th; Q2 April 30th; Q3 July 30th and Q4 October 30`h) each calendar year quarter and
until the end of the Period of Performance. The Recipient shall submit to PHMSA a
Quarterly Project Progress Report in the format and with the content required by
PHMSA. If the execution date of this grant agreement is in the final month of the quarter,
then the Recipient shall submit the first Quarterly Project Progress Report and
Recertification in the following calendar year quarter that begins after the date of this
agreement.
7.2 Final Progress Reports and Financial Reporting. No later than 120 days after the end
of the Period of Performance, the Recipient shall submit:
(a) a Final Project Progress Report in the format and with the content required by
PHMSA; and
(b) any other information required under PHMSA's award closeout procedures.
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PHMSA FY23 NGDISM Grant Terms and Conditions
ARTICLE 8 - PERFORMANCE MEASUREMENT
8.1 Site Visits and Desk Audits. There will be at least one site visit per recipient during the
Period of Performance, with the option of additional site visits/desk audits if needed to
address deficiencies and/or more complex issues that require face-to-face technical
assistance.
8.2 Compliance with Pipeline Safety Regulations. The Recipient must ensure that the
Project is completed in accordance with applicable pipeline safety laws and regulations,
including the notification requirements in 49 C.F.R. 191.22(c) as applicable.
ARTICLE 9 - NONCOMPLIANCE AND REMEDIES
9.1 Noncompliance Determinations.
(a) If PHMSA determines that the Recipient may have failed to comply with the
United States Constitution, Federal law, or the terms and conditions of this
agreement, PHMSA may notify the Recipient of a proposed determination of
noncompliance. For the notice to be effective, it must be written and PHMSA
must include an explanation of the nature of the noncompliance, describe a
remedy, state whether that remedy is proposed or effective at an already
determined date, and describe the process through and form in which the
Recipient may respond to the notice.
(b) If PHMSA notifies the Recipient of a proposed determination of noncompliance
under section 9.1(a), the Recipient may, not later than 7 calendar days after the
notice, respond to that notice in the form and through the process described in that
notice. In its response, the Recipient may:
(1) accept the remedy;
(2) acknowledge the noncompliance, but propose an alternative remedy; or
(3) dispute the noncompliance.
To dispute the noncompliance, the Recipient must include in its response
documentation or other information supporting the Recipient's compliance.
(c) PHMSA may make a final determination of noncompliance only:
(1) after considering the Recipient's response under section 9.1(b); or
(2) if the Recipient fails to respond under section 9.1(b), after the time for that
response has passed.
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PHMSA FY23 NGDISM Grant Terms and Conditions
(d) To make a final determination of noncompliance, PHMSA must provide a notice
to the Recipient that states the bases for that determination.
9.2 Remedies.
(a) If PHMSA makes a final determination of noncompliance under section 9.1,
PHMSA may impose a remedy, including:
(1) additional conditions on the award;
(2) any remedy permitted under 2 C.F.R. 200.339-200.340, including
withholding of payments; disallowance of previously reimbursed costs,
requiring refunds from the Recipient to PHMSA; suspension or
termination of the award; or suspension and disbarment under 2 C.F.R.
part 180; or
(3) any other remedy legally available.
(b) To impose a remedy, PHMSA must provide a written notice to the Recipient that
describes the remedy, but PHMSA may make the remedy effective before the
Recipient receives that notice.
(c) If PHMSA determines that it is in the public interest, PHMSA may impose a
remedy, including all remedies described in section 9.2(a), before making a final
determination of noncompliance under section 9.1. If it does so, then the notice
provided under section 9.1(d) must also state whether the remedy imposed will
continue, be rescinded, or modified.
(d) In imposing a remedy under this section 9.2 or making a public interest
determination under section 9.2(c), PHMSA may elect to consider the interests of
only PHMSA.
(e) The Recipient acknowledges that amounts that PHMSA requires the Recipient to
refund to PHMSA due to a remedy under this section 9.2 constitute a debt to the
Federal Government that PHMSA may collect under 2 C.F.R. 200.346 and the
Federal Claims Collection Standards (31 C.F.R. parts 900-999).
9.3 Other Oversight Entities. Nothing in this article 9 limits any party's authority to report
activity under this agreement to the USDOT Inspector General or other appropriate
oversight entities.
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PHMSA FY23 NGDISM Grant Terms and Conditions
ARTICLE 10 - AGREEMENT TERMINATION
10.1 PHMSA Termination.
(a) PHMSA may terminate this agreement and all of its obligations under this
agreement if any of the following occurs:
(1)
a completion date for the Project or a component of the Project is listed in
the Recipient's Initial and/or Final Application and the Recipient fails to
meet that milestone by six months after the date listed in the Recipient's
Initial and/or Final Application;
(2) the Recipient fails to comply with the terms and conditions of this
agreement, including a material failure to comply with the project
schedule in the Recipient's Initial and/or Final Application, even if it is
beyond the reasonable control of the Recipient;
(3)
circumstances cause changes to the Project that PHMSA determines are
inconsistent with PHMSA's basis for selecting the Project to receive an
NGDISM Grant; or
(4) PHMSA determines that termination of this agreement is in the public
interest.
(b) In terminating this agreement under this section, PHMSA may elect to consider
only the interests of PHMSA.
(c) This section 10.1 does not limit PHMSA'S ability to terminate this agreement as a
remedy under section 9.2.
(d) The Recipient may request that PHMSA terminate the agreement under this
section 10.1.
10.2 Closeout Termination.
(a) This agreement terminates on Project Closeout.
(b) In this agreement, "Project Closeout" means the date that PHMSA notifies the
Recipient that the award is closed out. Under 2 C.F.R. 200.344, Project Closeout
should occur no later than one year after the end of the Period of Performance.
10.3 Post -Termination Adjustments. The Recipient acknowledges that under 2 C.F.R.
200.345-200.346, termination of the agreement does not extinguish PHMSA's authority
to disallow costs, including costs that PHMSA reimbursed before termination, and
recover funds from the Recipient.
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PHMSA FY23 NGDISM Grant Terms and Conditions
10.4 Non -Terminating Events.
(a) The end of the Period of Performance described under section 4.3 does not
terminate this agreement or the Recipient's obligations under this agreement.
(b) The cancellation of funds under section 14.2 does not terminate this agreement or
the Recipient's obligations under this agreement.
10.5 Other Remedies. The termination authority under this article 10 supplements and does
not limit PHMSA's remedial authority under article 9 or 2 C.F.R. part 200, including 2
C.F.R. 200.339-200.340.
ARTICLE 11- MONITORING, FINANCIAL MANAGEMENT, CONTROLS, AND
RECORDS
11.1 Recipient Monitoring and Record Retention.
(a) The Recipient shall monitor activities under this award to ensure:
(1) that those activities comply with this agreement; and
(2) that funds provided under this award are not expended on costs that are
not allowable under this award or not allocable to this award.
(b) The Recipient shall retain records relevant to the award as required under 2 C.F.R.
200.334.
11.2 Financial Records and Audits.
(a) The Recipient shall keep all project accounts and records that fully disclose the
amount and disposition by the Recipient of the award funds, the total cost of the
Project, and the amount or nature of that portion of the cost of the Project supplied
by other sources, and any other financial records related to the project.
(b) The Recipient shall keep accounts and records described under section 11.2(a) in
accordance with a financial management system that meets the requirements of 2
C.F.R. 200.301-200.303 and 2 C.F.R. 200 subpart F, and will facilitate an
effective audit in accordance with 31 U.S.C. 7501-7506.
(c) The Recipient shall separately identify expenditures under the fiscal year 2023
NGDISM Program in financial records required for audits under 31 U.S.C. 7501-
7506. Specifically, the Recipient shall:
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PHMSA FY23 NGDISM Grant Terms and Conditions
(1) list expenditures under that program separately on the schedule of
expenditures of Federal awards required under 2 C.F.R. 200 subpart F,
including "FY 2023" in the program name; and
(2) list expenditures under that program on a separate row under Part II, Item
1 ("Federal Awards Expended During Fiscal Period") of Form SF -SAC,
including "FY 2023" in column c ("Additional Award Identification").
11.3 Internal Controls. The Recipient shall establish and maintain internal controls as
required under 2 C.F.R. 200.303.
11.4 PHMSA Record Access. PHMSA may access Recipient records related to this award
under 2 C.F.R. 200.337.
ARTICLE 12 - CONTRACTING
12.1 Procurement Standards.
(a) The Recipient agrees that it will comply with the provisions of 2 C.F.R. 200.317
through 200.327 ("Procurement Standards") when acquiring property or services
required under this award.
(b) The Recipient agrees that prior to acquiring property or services required under
this award, the Recipient shall establish documented procurement procedures
consistent with the Procurement Standards.
12.2 Buy America.
(a) The Project is subject to the domestic preference requirement in § 70914 of the
Build America, Buy America Act, Pub. L. No. 117-58, div. G, tit. IX, subtit. A,
135 Stat. 429, 1298 (2021), which requires that all steel, iron, manufactured
products, and construction materials used in the project be produced in the United
States. The Recipient agrees to comply with this domestic preference requirement
as implemented by applicable OMB, USDOT, and PHMSA guidance and
regulations.
(b) The Recipient shall include the substance of section 12.2 in all contracts and
purchase orders for work or products under this award.
12.3 Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment. The Recipient acknowledges that Section 889 of Pub. L. No. 115-232 and 2
C.F.R. 200.216 prohibit the Recipient from procuring or obtaining certain
telecommunications and video surveillance services or equipment under this award.
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PHMSA FY23 NGDISM Grant Terms and Conditions
12.4 Government -wide Debarment and Suspension (Non -Procurement).
(a) The Recipient must review the "list of parties excluded from federal procurement
or non -procurement programs" located on the System for Award Management
(SAM) website before entering into a contract. https://www.sam.gov. No
contracts may be issued to an entity or person identified in the "list of parties
excluded from federal procurement or non -procurement programs."
(b) 2 C.F.R. 1200 "Non -procurement Suspension and Debarment" is incorporated by
reference into this award.
(c) The Recipient must notify PHMSA, in writing, in a timely manner if the
Recipient discovers it has entered into a Covered Transaction (as defined in 2
C.F.R. 180.200) with an entity or person identified in the "list of parties excluded
from federal procurement or non -procurement programs."
(d) If the Recipient maintains a list of entities or persons with which the Recipient
does not transact business, the Recipient must notify PHMSA, in writing,
whenever the Recipient adds an entity or person to such list, and must describe
the basis for adding such entity or person.
12.5 Contracting with Small Businesses, Small Minority -Disadvantaged Businesses, and
Small Businesses which are Women -Owned, Veteran -Owned, Disabled Veteran -
Owned or located in HUBZone Areas.
(a) It is USDOT policy to award a fair share of contracts to small businesses, small
minority -disadvantaged business, and small businesses which are women -owned,
veteran -owned, disabled veteran -owned or located in a HubZone as determined
by the U.S. Small Business Administration (sba.gov). USDOT is strongly
committed to the objectives of this policy and encourages all Recipients of its
Grants and Cooperative Agreements to take affirmative steps to ensure such
fairness on the awarding of any subcontracts.
(b) The Recipient is encouraged to take all necessary affirmative steps to assure that
small businesses, small minority -disadvantaged businesses, and small businesses
which are women -owned, veteran -owned, disabled veteran -owned, or located in a
HUBZone are contracted with when possible.
(c) Affirmative steps include:
(1)
Placing qualified small businesses, small minority -disadvantaged
businesses, and small businesses which are women owned, veteran -
owned, disabled veteran -owned, or located in a HUBZone on solicitation
lists;
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PHMSA FY23 NGDISM Grant Terms and Conditions
(2) Assuring that small businesses, small minority -disadvantaged businesses,
and small businesses which are women -owned, veteran -owned, disabled
veteran- owned or located in a HUBZone are solicited whenever they are
potential sources;
(3)
Dividing total requirements, when economically feasible, into small tasks
or quantities to permit maximum participation by small businesses, small
minority -disadvantaged businesses, and small businesses which are
women- owned, veteran -owned, disabled veteran -owned, or located in a
HUBZone;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises; and
(5)
Using the services and assistance of the U.S. Small Business
Administration and the Office of the Small and Disadvantaged Business
Utilization of the Department of Transportation, as appropriate.
ARTICLE 13 - COSTS, PAYMENTS, AND UNEXPENDED FUNDS
13.1 Limitation of Federal Award Amount. Under this award, PHMSA shall not provide
funding greater than the amount provided under section 4.1. The Recipient acknowledges
that PHMSA is not liable for payments exceeding that amount, and the Recipient shall
not request reimbursement of costs exceeding that amount.
13.2 Project Costs. This award is subject to the cost principles at 2 C.F.R. 200 subpart E,
including provisions on determining allocable costs and determining allowable costs.
13.3 Timing of Project Costs.
(a) The Recipient shall not charge to this award costs that are incurred after the
budget period described in section 4.2.
(b) The Recipient shall not charge to this award costs that were incurred before the
date of this agreement unless the Recipient receives written approval from
PHMSA, and such costs would have been allowable if incurred during the budget
period described in section 4.2.
13.4 Recipient Recovery of Federal Funds. The Recipient shall make all reasonable efforts,
including initiating litigation, if necessary, to recover Federal funds if PHMSA
determines, after consultation with the Recipient, that those funds have been spent
fraudulently, wastefully, or in violation of Federal laws, or misused in any manner under
this award. The Recipient shall not enter a settlement or other final position, in court or
otherwise, involving the recovery of funds under this award unless approved in advance
in writing by PHMSA.
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PHMSA FY23 NGDISM Grant Terms and Conditions
13.5 Unexpended Federal Funds. Any Federal funds that are awarded at section 4.1 but not
expended on allocable, allowable costs remain the property of the United States.
13.6 Timing of Payments to the Recipient.
(a) Reimbursement is the payment method for the NGDISM Program.
(b) The Recipient shall not request reimbursement of a cost before the Recipient has
entered into a legally binding obligation for that cost.
13.7 eInvoicing. Recipients of PHMSA grants must use the USDOT Delphi elnvoicing
System.
(1) The Recipient must:
(a) Have internet access to register and submit payment requests through the
Delphi elnvoicing system; and
(b) Submit payment requests electronically and receive payment
electronically.
(2) System User Requirements:
(a) The Recipient should contact PHMSA to sign up for the Delphi elnvoicing
System. PHMSA will provide the Recipient's name and email address to
the USDOT Financial Management Office. The USDOT Financial
Management Office will then invite the Recipient to sign up for the
system.
(b) USDOT will submit a User Account Application form to request
system access. Once the system access email is sent out the recipient POC
will have 72 hours to login to the system to activate their account
Note: Additional information, including training materials, and helpdesk
support can be found on the DOT Delphi elnvoicing website
(http://www.transportation.gov/cfo/delphi-einvoicing-system.htm l)
(c) USDOT Financial Management officials may, on a case-by-case basis,
waive the requirement to register, and use, the electronic payment system.
Waiver request forms can be obtained on the USDOT elnvoicing website
(http://www.transportation.gov/cfo/delphi-einvoicing-system.html) or by
contacting the PHMSA Agreement Officer. Recipients must explain why
they are unable to use or access the internet to submit payment requests.
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PHMSA FY23 NGDISM Grant Terms and Conditions
13.8 Payments. Reimbursement payments will be made after the electronic receipt via the
USDOT elnvoicing System of either "Request for Advance or Reimbursement"
(Standard Form 270 for non -construction projects) or "Outlay Report and Request for
Reimbursement for Construction Programs" (Standard Form 271 for construction
projects). Backup documentation including but not limited to invoices, or canceled
checks substantiating funds cited on reimbursement request shall accompany
SF270/SF271.
(a) Method of Payment.
(1) PHMSA will make all payments under this agreement by electronic funds
transfer (EFT), except as provided by section 13.8(a)(2). As used in this
section 13.8, the term "EFT" refers to the funds transfer and may also
include the payment information transfer.
(2) If PHMSA is unable to release one or more payments by EFT, the
Recipient agrees either to:
(A) Accept payment by check or some other mutually agreeable
method of payment; or
(B) extend the payment due date until such time as PHMSA can make
payment by EFT (but see section 13.8(d)).
(b) Recipient's EFT information. PHMSA will make payment to the Recipient using
the EFT information contained in the System for Award Management (SAM)
database. If the EFT information changes, the Recipient is responsible for
providing the updated information into SAM at: https://www.sam.gov.
(c) Mechanisms for EFT payment. PHMSA may make payment by EFT through
either the Automated Clearing House (ACH) network, subject to the rules of the
National Automated Clearing House Association, or the Fedwire Transfer
System. The rules governing Federal payments through the ACH are contained in
31 C.F.R. Part 210.
(d) Suspension of payment. If the Recipient's EFT information in the SAM database
is incorrect, then PHMSA is not obligated to make payment to the Recipient
under this agreement until the correct EFT information is entered into the SAM
database. An invoice or agreement -financing request is not a proper invoice for
the purpose of prompt payment under this agreement.
(e)
Recipient EFT arrangements. If the Recipient has identified multiple payment
receiving points (i.e., more than one remittance address and/or EFT information
set) in the SAM database, and the Recipient has not notified PHMSA of the
payment receiving point applicable to this agreement, PHMSA will make
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PHMSA FY23 NGDISM Grant Terms and Conditions
payment to the first payment receiving point (EFT information set or remittance
address as applicable) listed in the SAM database.
(f) Liability for uncompleted or erroneous transfers.
(g)
(1) If an uncompleted or erroneous transfer occurs because PHMSA used the
Recipient's EFT information incorrectly, PHMSA remains responsible for:
(A) making a correct payment;
(B) paying any prompt payment penalty due; and
(C) recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Recipient's
EFT information was incorrect, or was revised within 30 days of
PHMSA's release of the EFT payment transaction instruction to the
Federal Reserve System, and
(A) if the funds are no longer under the control of the payment office,
PHMSA is deemed to have made payment and the Recipient is
responsible for recovery of any erroneously directed funds; or
(B) If the funds remain under the control of the payment office,
PHMSA will not make payment, and the provisions of section
13.8(d) will apply.
EFT and prompt payment. A payment will have been made in a timely manner in
accordance with the prompt payment terms of this agreement if, in the EFT
payment transaction instruction released to the Federal Reserve System, the date
specified for settlement of the payment is on or before the prompt payment due
date, provided the specified payment date is a valid date under the rules of the
Federal Reserve System.
(h) [Reserved.]
(i) Liability for change of EFT information by financial agent. PHMSA is not liable
for errors resulting from changes to EFT information made by the Recipient's
financial agent.
(j) Payment information. The payment or disbursing office will forward to the
Recipient available payment information that is suitable for transmission as of the
date of release of the EFT instruction to the Federal Reserve System. PHMSA
may request the Recipient to designate a desired format and method(s) for
delivery of payment information from a list of formats and methods the payment
office is capable of executing. However, PHMSA does not guarantee that any
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PHMSA FY23 NGDISM Grant Terms and Conditions
particular format or method of delivery is available at any particular payment
office and retains the latitude to use the format and delivery method most
convenient to the Government. If the Government makes payment by check in
accordance with section 13.8(a), the Government will mail the payment
information to the remittance address contained in the SAM database.
13.9 Information Supporting Expenditures.
(a) When requesting reimbursement of costs incurred, the Recipient shall
electronically submit the SF -270 (Request for Advance or Reimbursement) or SF -
271 (Outlay Report and Request for Reimbursement for Construction Programs)
and shall submit supporting cost details as required by PHMSA.
(b) If the Recipient submits a request for reimbursement that PHMSA determines
does not include or is not supported by sufficient detail, PHMSA may deny the
request or withhold processing the request until the Recipient provides sufficient
detail.
13.10 Indirect Cost Rate.
(a) The indirect cost rate to be charged to this award is determined according to the
Recipient's Indirect Cost Rate Proposal If the Recipient does not currently have
an Indirect Cost Rate Proposal, the de minimis rate of 10% of modified total
direct costs shall apply, per 2 C.F.R. 200.414(0.
(b) For questions regarding Indirect Cost Rate Agreements, the Recipient should
contact its cognizant agency for indirect costs, as defined in 2 C.F.R. 200.1. If
PHMSA is the Recipient's cognizant agency for indirect costs, the Recipient may
contact Cristina Keating at Cristina.Keating@dot.gov.
ARTICLE 14 - LIQUIDATION, ADJUSTMENTS, AND FUNDS AVAILABILITY
14.1 Liquidation of Recipient Obligations.
(a) The Recipient shall liquidate all obligations of award funds under this agreement
not later than 120 days after the end of the Period of Performance.
(b) Liquidation of obligations and adjustment of costs under this agreement follow
the requirements of 2 C.F.R. 200.344-200.346.
14.2 Funds Cancellation. NGDISM Program funding that is obligated for this award remains
available until 120 days after the end of the Period of Performance. At its discretion,
PHMSA may extend the time that funding obligated for this award remains available
under this agreement by notifying the Recipient in writing.
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PHMSA FY23 NGDISM Grant Terms and Conditions
ARTICLE 15 - AGREEMENT MODIFICATIONS
15.1 Bilateral Modification. The parties may amend, modify, or supplement this agreement
by mutual agreement in writing signed by PHMSA and the Recipient. Either party may
request to amend, modify, or supplement this agreement by written notice to the other
party.
15.2 PHMSA Unilateral Modifications.
(a) PHMSA may unilaterally modify this agreement to comply with Federal law,
including the Program Statute.
(b) To unilaterally modify this agreement under this section 15.2, PHMSA must
provide a notice to the Recipient that includes a description of the modification
and state the date that the modification is effective.
15.3 Other Modifications. The parties shall not amend, modify, or supplement this agreement
except as permitted under sections 15.1 or 15.2. If an amendment, modification, or
supplement is not permitted under section 15.1 and not permitted under section 15.2 it is
void.
ARTICLE 16 - FEDERAL FINANCIAL ASSISTANCE, ADMINISTRATIVE, AND
NATIONAL POLICY REQUIREMENTS
16.1 Uniform Administrative Requirements for Federal Awards. The Recipient shall
comply with the obligations on non -Federal entities under 2 C.F.R. parts 200 and 1201.
16.2 Federal Law and Public Policy Requirements.
(a) The Recipient shall ensure that Federal funding is expended in full accordance
with the United States Constitution, Federal law, and statutory and public policy
requirements: including but not limited to, those protecting free speech, religious
liberty, public welfare, the environment, and prohibiting discrimination.
(b) The failure of this agreement to expressly identify Federal law applicable to the
Recipient or activities under this agreement does not make that law inapplicable.
16.3 Federal Freedom of Information Act.
(a) PHMSA is subject to the Freedom of Information Act, 5 U.S.C. 552.
(b) The Recipient acknowledges that their Initial and/or Final Application and
materials submitted to PHMSA by the Recipient related to this agreement may
become PHMSA records subject to public release under 5 U.S.C. 552.
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PHMSA FY23 NGDISM Grant Terms and Conditions
16.4 History of Performance. Under 2 C.F.R 200.206, any Federal awarding agency may
consider the Recipient's performance under this agreement, when evaluating the risks of
making a future Federal financial assistance award to the Recipient.
16.5 Whistleblower Protection.
(a) The Recipient acknowledges that it is a "grantee" within the scope of 41 U.S.C.
4712, which prohibits the Recipient from taking certain actions against an
employee for certain disclosures of information that the employee reasonably
believes are evidence of gross mismanagement of this award, gross waste of
Federal funds, or a violation of Federal law related this this award.
(b) The Recipient shall inform its employees in writing of the rights and remedies
provided under 41 U.S.C. 4712, in the predominant native language of the
workforce.
16.6 Prohibition on Awarding to Entities that Require Certain Internal Confidentiality
Agreements.
(a) The Recipient shall not require employees or subcontractors seeking to report
fraud, waste, or abuse to sign or comply with internal confidentiality agreements
or statements prohibiting or otherwise restricting such employees or
subcontractors from lawfully reporting such waste, fraud or abuse to a designated
investigative or law enforcement representative of a federal department or agency
authorized to receive such information.
(b) The Recipient shall notify employees that the prohibitions and restrictions of any
internal confidentiality agreements covered herein are no longer in effect to the
extent that such prohibitions and restrictions are inconsistent with the prohibitions
of paragraph (a).
(c) The prohibition in paragraph (a) above does not contravene requirements
applicable to Standard Form 312, Form 4414, or any other form issued by a
Federal department or agency governing the nondisclosure of classified
information.
(d) In accordance with section 743 of Division E, Title VII, of the Consolidated and
Further Continuing Resolution Appropriations Act, 2015 (P.L. 113-235), use of
funds appropriated (or otherwise made available) under that or any other Act may
be prohibited, if the Government determines that the Recipient is not in
compliance with the provisions herein. PHMSA may seek any available remedies
in the event the Recipient fails to comply with the provisions herein.
16.7 Executive Orders. The Recipient certifies it will comply with the following Executive
Orders in administering Federal funds under this agreement: EO 13985, Advancing
Racial Equity and Support for Underserved Communities Through the Federal
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PHMSA FY23 NGDISM Grant Terms and Conditions
Government; EO 12898, Federal Actions to Address Environmental Justice in Minority
Populations; EO 13990, Protecting Public Health and the Environment and Restoring
Science to Tackle the Climate Crisis; EO 14052, Implementing the Infrastructure
Investment and Jobs Act; and EO 14008, Tackling the Climate Crisis at Home and
Abroad.
16.8 National Environmental Policy Act.
(a) The Recipient represents that all information provided to PHMSA as part of the
Environmental Review process required under the National Environmental Policy
Act ("NEPA") was current, accurate, and complete at the time it was submitted to
PHMSA, to the best of the Recipient's knowledge. The Recipient acknowledges
that PHMSA relied on the information provided by the Recipient in approving the
Project, and that Project approval under NEPA was a necessary precondition to
this Federal award.
(b) The Recipient shall complete any mitigation activities described in the Recipient's
approved NEPA document, including the terms and conditions contained in the
required permits and authorizations for the Project. The Recipient is responsible
for obtaining any such permits and authorizations required by local, State, or
Federal law.
(c) If, at any point during the Period of Performance described in section 4.3, the
scope of the PHMSA-funded Project is expanded beyond what is described in the
Recipient's approved NEPA document, or if the anticipated impacts of the Project
expand beyond what is described in the Recipient's approved NEPA document,
then the Recipient shall coordinate with PHMSA to perform an additional
Environmental Review covering the expanded Project scope or additional
anticipated impacts, at PHMSA's sole discretion. The Recipient shall request a
modification under section 15.1 to amend the Recipient's approved NEPA
document to reflect the additional Environmental Review.
16.9 Labor and Work. In carrying out the Project, the Recipient is encouraged to make its
best efforts, to the full extent possible consistent with law, to create good -paying jobs
with the free and fair choice to join a union and with the incorporation of higher labor
standards.
16.10 Critical Infrastructure Security and Resilience. Consistent with Presidential Policy
Directive 21, "Critical Infrastructure Security and Resilience" (Feb. 12, 2013), and the
National Security Presidential Memorandum on Improving Cybersecurity for Critical
Infrastructure Control Systems (July 28, 2021), the Recipient shall consider physical and
cyber security and resilience in the planning, design, and oversight of the Project.
16.11 811, Call Before You Dig Program. Damage to pipelines during excavation is a leading
cause of accidents resulting in serious injuries and fatalities. 811 is designated as the
national call -before -you -dig number. Every state has a one -call law requiring excavators
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PHMSA FY23 NGDISM Grant Terms and Conditions
to have underground utilities marked before digging. The recipient is encouraged to adopt
the "811, Call Before You Dig" program for its employees and contractors when digging
on company-owned, leased, or personally -owned property. For information on how to
implement such a program please visit the 811– Call Before You Dig section of
PHMSA's website at www.phmsa.dot.gov.
16.12 External Award Terms and Condition.
(a) In addition to this document and the contents described in article 25, this
agreement includes the following additional terms as integral parts:
(1) Appendix A to 2 C.F.R. Part 25: System for Award Management and
Universal Identifier Requirements;
(2) Appendix A to 2 C.F.R. Part 170: Reporting Subawards and Executive
Compensation;
(3) 2 C.F.R. 200.113: Mandatory Disclosures;
(4) 2 C.F.R. 175.15(b): Trafficking in Persons; and
(5) Appendix XII to 2 C.F.R. Part 200: Award Term and Condition for
Recipient Integrity and Performance Matters.
(b) The Recipient shall comply with:
(1) 49 C.F.R. Part 20: New Restrictions on Lobbying;
(2) Title VI of the Civil Right Act of 1964, which provides that no person in
the United States shall, on the grounds of race, color, or national origin, be
excluded from participation in, be denied benefits of, or be subject to
discrimination under any program or activity receiving Federal financial
assistance.
(3)
49 C.F.R. Part 21: Nondiscrimination in Federally -Assisted Programs of
the Department of Transportation—Effectuation of Title VI of the Civil
Rights Act of 1964;
(4) 49 C.F.R. Part 27: Nondiscrimination on the Basis of Disability in
Programs or Activities Receiving Federal Financial Assistance; and
(5)
Subpart B of 49 C.F.R. Part 32: Governmentwide Requirements for Drug-
free Workplace (Financial Assistance).
16.13 Incorporated Certifications. The Recipient makes the statements in the following
certifications, which are incorporated by reference:
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PHMSA FY23 NGDISM Grant Terms and Conditions
(a) USDOT Standard Title VI/Non-Discrimination Assurances.
(b) Appendix A to 49 C.F.R. part 20 (Certification Regarding Lobbying).
ARTICLE 17 - ASSIGNMENT
17.1 Assignment Prohibited. The Recipient shall not transfer to any other entity any
discretion granted under this agreement, any right to satisfy a condition under this
agreement, any remedy under this agreement, or any obligation imposed under this
agreement.
ARTICLE 18 - WAIVER
18.1 Waivers.
(a) A waiver of a term of this agreement granted by PHMSA will not be effective
unless it is in writing and signed by an authorized representative of PHMSA.
(b) A waiver of a term of this agreement granted by PHMSA on one occasion will not
operate as a waiver on other occasions.
(c) If PHMSA fails to require strict performance of a term of this agreement, fails to
exercise a remedy for a breach of this agreement, or fails to reject a payment
during a breach of this agreement, that failure does not constitute a waiver of that
term or breach.
ARTICLE 19 - ADDITIONAL TERMS AND CONDITIONS
19.1 Disclaimer of Federal Liability. PHMSA shall not be responsible or liable for any
damage to property or any injury to persons that may arise from, or be incident to,
performance or compliance with this agreement.
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PHMSA FY23 NGDISM Grant Terms and Conditions
19.2 Relocation and Real Property Acquisition.
(a) To the greatest extent practicable under State law, the Recipient shall comply with
the land acquisition policies in 49 C.F.R. Part 24, Subpart B and shall pay or
reimburse property owners for necessary expenses as specified in that subpart.
(b) The Recipient shall provide a relocation assistance program offering the services
described in 49 C.F.R. Part 24, Subpart C and shall provide reasonable relocation
payments and assistance to displaced persons as required in 49 C.F.R. Part 24,
Subparts D—E.
(c) The Recipient shall make available to displaced persons, within a reasonable
period of time prior to displacement, comparable replacement dwellings in
accordance with 49 C.F.R. Part 24, Subpart E.
19.3 Equipment Disposition.
(a) In accordance with 2 C.F.R. 200.313 and 1201.313, if the Recipient or a
subrecipient acquires equipment under this award, then when that equipment is no
longer needed for the Project, the Recipient shall request disposition instructions
from PHMSA.
(b) In accordance with 2 C.F.R. 200.443(d), the distribution of the proceeds from the
disposition of equipment must be made in accordance with 2 C.F.R. 200.313-
200.316 and 2 C.F.R. 1201.313.
19.4 Notice of News Releases, Public Announcement, and Presentations. The Recipient
must have PHMSA's prior approval for all press releases, formal announcements, or
other planned written issuance containing news or information concerning this agreement
before issuance.
19.5 Reporting Fraud, Waste, or Abuse. The USDOT Inspector General maintains a toll-
free hotline for receiving information concerning fraud, waste, or abuse under grants and
cooperative agreements. Such reports are kept confidential, and callers may decline to
give their names if they choose to remain anonymous. The number is: (800) 424-9071.
The mailing address is:
USDOT Inspector General
1200 New Jersey Ave SE
West Bldg., 7th Floor
Washington, DC 20590
Email: hotline@oig.dot.gov
Web: http://www.oig.dot.gov/Hotline
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PHMSA FY23 NGDISM Grant Terms and Conditions
19.6 Project Signage
(a) As a requirement of this award, the Recipient must place a sign at each
construction site supported under this award that informs the public that the
project is funded wholly or in part by funds provided by the "Bipartisan
Infrastructure Law." The sign must be placed in a visible location that can be
directly linked to the work taking place and must be maintained in good condition
through the period of performance.
(b) PHMSA will be responsible for the design, procurement, and delivery of the
required signage to the Recipient. The Recipient is required to place the signage at
each construction site supported under this award within 30 calendar days of
receipt of the signage from PHMSA, or within 30 calendar days of the start of
construction. The Recipient may remove the signage upon completion of the
period of performance. The Recipient agrees to coordinate with PHMSA as
necessary to facilitate the timely receipt and placement of the required signage.
(c) In addition to the Recipient's approved budget included in Exhibit 1, PHMSA
will provide additional funding to this award to be used for the cost of the
required signage. The cost of the required signage shall be considered an
allowable cost under this award, and upon delivery of the signage to the Recipient
pursuant to section 19.6(b), PHMSA will deduct this additional funding from the
award.
ARTICLE 20 - MANDATORY AWARD INFORMATION
20.1 Information Contained In a Federal Award. For 2 C.F.R. 200.211:
(a) the "Federal Award Date" is the date of this agreement, as defined under section
22.2;
(b) the "Assistance Listings Number" is 20.708 and the "Assistance Listings Title" is
"Natural Gas Distribution Infrastructure Safety and Modernization Grant
Program"; and
(c) this award is not for research and development.
20.2 Federal Award Identification Number. The Federal Award Identification number is set
forth in PHMSA's Assistance Agreement Box 1, Award No.
20.3 Recipient's Unique Entity Identifier. The Recipient's Unique Entity Identifier is
defined in PHMSA's Assistance Agreement.
ARTICLE 21- CONSTRUCTION AND DEFINITIONS
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PHMSA FY23 NGDISM Grant Terms and Conditions
21.1 Incorporation by Reference. This agreement incorporates the following documents by
reference:
(1) The Recipient's Initial Application (as defined in Section 21.4), and if a Final
Application was submitted, the Recipient's Final Application (as defined in
Section 21.4);
The Recipient's signed Standard Forms 424 and 424C pertaining to this project;
The Recipient's signed USDOT Standard Title VI Assurances;
The Recipient's signed Certification Regarding Lobbying;
The PHMSA-approved NEPA Document pertaining to this Project;
The Recipient's Indirect Cost Rate Proposal (if applicable);
The "PHMSA Assistance Agreement" document.
21.2 Construction.
(a) In these General Terms and Conditions, unless expressly specified, a reference to
a section or article refers to that section or article in these General Terms and
Conditions; and,
(b) If a provision in the Recipient's Initial and/or Final Application conflicts with a
provision in these General Terms and Conditions, then the provision in these
General Terms and Conditions prevails.
21.3 Integration. This agreement and all documents incorporated by reference herein or
included as part of this grant award package constitute the entire agreement of the parties
relating to the NGDISM Program and awards under that program for the Project and
supersede any previous agreements, oral or written, relating to the NGDISM Program and
awards under that program for the Project.
21.4 Definitions. In this agreement, the following definitions apply:
"General Terms and Conditions" means this document, including articles 1-22.
"NGDISM Grant" means an award of funds that were made available under the Natural
Gas Distribution Infrastructure Safety and Modernization NOFO.
"Initial Application" means the application submitted by the Recipient via Grants.gov
prior to the close of the Fiscal Year 2023 NGDISM Notice of Funding Opportunity.
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PHMSA FY23 NGDISM Grant Terms and Conditions
"Final Application" means the application submitted by the Recipient to PHMSA, at
PHMSA's request, after the close of the Fiscal Year 2023 NGDISM Notice of Funding
Opportunity.
"Program Statute" means the section titled "Natural Gas Distribution Infrastructure
Safety and Modernization Grant Program" in Division J of the Infrastructure Investment
and Jobs Act, Public Law 117-58.
"Project" means the project described in the Final Application, as modified by the
negotiated provisions of this agreement.
ARTICLE 22 - AGREEMENT EXECUTION AND EFFECTIVE DATE
22.1 Counterparts. This agreement may be executed in counterparts, which constitute one
document. The parties intend each countersigned original to have identical legal effect.
22.2 Effective Date. The agreement will become effective when all parties have signed
PHMSA's Assistance Agreement. The date of this agreement will be the date PHMSA's
Assistance Agreement is signed by the last party to sign it. This instrument constitutes an
NGDISM Grant when PHMSA's authorized representative signs PHMSA's Assistance
Agreement.
Page 28 of 28
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) 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 of 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.
(2) 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 of 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.
(3) The undersigned shall require that the language of this certification 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 $10,00 0 and not more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any 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 of
a Member of Congress in connection with this commitment providing for the United States to insure or
guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions. Submission of this statement 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 statement shall be subjec t to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
* APPLICANTS ORGANIZATION
LEARWATER•r
* PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Prefix:
* Last Name:
* Title: �.GITY
IPOIRRIE
* First Name:
JENNIFER . �Y
cs
GER
Middle Name:
Suffix:
* SIGNATURE:
* DATE:
Approved as to form:
16,11.1P,A
Michael P. Fuino
Senior Assistant City Attorney
Je ife f' of rier
City Manager
Attest:
rvutl atit_
Rosemarie CaII
City Clerk