NM OSE Grant Agreement for McClure Dam Rehabilitation Planning and Design (1) (3)

Extracted text

CoSF Version 6 1.14.2025
Date: April 28, 2026
To: Governing Body, Finance Committee, and Public Works & Utilities Committee
From: Taylor Jurgens, Engineer, Water Division
Via: Jesse Roach, Interim Public Utilities Department Director
Jonathan Montoya, Acting Water Division Director
Subject: NM OSE Grant Agreement for McClure Dam Rehabilitation Planning and Design
Vendor Name: State of New Mexico Office of the State Engineer
ITEM AND ISSUE:
The Public Utilities Department respectfully requests your review and approval of a Grant Agreement with the
State of New Mexico Office of the State Engineer in the total amount of $1,354,479.00 for planning and design
for the rehabilitation of McClure Dam with a performance period ending September 24, 2027.
BACKGROUND AND SUMMARY:
The City of Santa Fe Water Division was awarded grant funding from the State of New Mexico Office of the State
Engineer (OSE) for planning and design for the rehabilitation of McClure Dam. The grant includes a total
allocated amount of $1,354,479.00. The OSE was awarded funds from FEMA through the High Hazard Potential
Dams (HHPD) grant program as well as funds from the New Mexico Department of Finance and Administration
(DFA) to cover the local match amount required by the FEMA HHPD grant. Therefore, the City does not have a
local match requirement for this grant.
The grant funding will be used to cover a portion of the expenses related to the planning and design of the
McClure Dam Rehabilitation project. Planning and design work has begun on the project and is expected to
continue through 2026 and into 2027. The grant agreement has a performance period that ends September 24,
2027, which is the date that the grant funds must be expended by.
PRIOR APPROVALS AND SUPPORTING INFORMATION:
FUNDING SOURCE:
Fund Name/Number: Water Management/505
Munis Org Name/Number: Water-Capital Projects/5050395
Munis Object Name/Number: WIP Design/572960
Budget Officer / Designee: Date:
Budget Officer Comment/Exceptions:JM
JMJesse Roach

Is this a Grant funded purchase? ☒ Yes | ☐ No
If yes, what is the issuing agency: New Mexico Office of the State Engineer
Approval: Title: Date:
Comment/Exceptions:
Is this a Capital Asset or Project? ☒ Yes | ☐ No
Project Ledger Number: WTR2550508
Approval: Title: Date:
Comment/Exceptions:
ATTACHMENTS:
NM OSE Grant Agreement DSB-FY26-HHPD-01ERIKA LUJAN (May 1, 2026 09:46:19 MDT)
ERIKA LUJANGrants Manager

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STATE OF NEW MEXICO
OFFICE OF THE STATE ENGINEER
SUB-RECIPIENT GRANT AGREEMENT DSB-FY26-HHPD-01
THIS AGREEMENT is made and entered into by and between the State of New Mexico, Office
of the State Engineer (OSE), with mailing address: 5550 San Antonio Drive NE, Albuquerque,
NM 87109, (“Department” or “Recipient”) and the City of Santa Fe with mailing address: 200
Lincoln Ave., P.O. Box 909, Santa Fe, NM 87504-0909 (“Grantee” or “Subrecipient”) (individually
“Party” and collectively “Parties”). This Agreement shall be effective as of the date the
Department executes it (“Effective Date”).
WITNESSETH
WHEREAS, the rehabilitation of High Hazard Potential Dams (HHPD) grant program is
authorized by 33 USC § 467f-2; and is administered through the Department of Homeland
Security (DHS) Federal Emergency Management Agency (FEMA); and
WHEREAS, the Federal Emergency Management Agency (FEMA) has awarded the OSE
a certain amount of funds through the HHPD grant program (Award No. EMT-2024-GR-05014);
WHEREAS, the New Mexico Department of Finance and Administration (DFA) has
awarded the OSE the New Mexico Match Fund Grant to cover the Local Match Amount required
by the FEMA HHPD Grant (Award No. MG26-91655);
WHEREAS, the purpose of this agreement is to specify and delineate the responsibilities
and duties of the parties hereto, for rehabilitation of McClure Dam, hereinafter referred to as the
“Project”;
WHEREAS, the Department is charged with regulating the safety of dams in New Mexico
including McClure Dam; and
WHEREAS, the Grantee owns, operates, and maintains McClure Dam for the purpose of
municipal water supply for the City of Santa Fe and has requested funding assistance for the
project;
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained
herein, the parties hereby mutually agree as follows:
AGREEMENT
I. PROJECT DESCRIPTION, GRANT AMOUNT, AND REVERSION
A. The Project that is the subject of this Agreement with current FEMA Performance Period
09/25/2024 to 09/24/2027 (subject to amendment) is described as follows: Tasks
necessary to plan and design the rehabilitation of McClure Dam, Santa Fe County, New
Mexico, as described in the Scope of Work for this Project dated 11/20/2024, and as may
be amended by appropriately approved and executed Scope of Work Amendment.
B. Grantee’s total reimbursements shall not exceed Eight Hundred Eighty Thousand Four
Hundred Eleven Dollars and Thirty Five Cents ($880,411.35) (“FEMA Allocation Amount”)

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plus the 35-percent local match Four Hundred Seventy Four Thousand Sixty Seven
Dollars and Sixty Five Cents ($474,067.65) (“Local Match Amount”), which equals One
Million Three Hundred Fifty Four Thousand Four Hundred Seventy Nine Dollars
($1,354,479.00) (“Total Allocated Amount”).
C.In the event of a conflict among the Total Allocated Amount, the Performance Period, as
defined herein and/or the purpose of the Project, as set forth in this Agreement, and the
corresponding language in the laws cited above in this Article I, the language of the FEMA
award and the DFA Award cited herein shall control.
This project is referred to throughout the remainder of this Agreement as the “Project”; the
information contained in Article I is referred to collectively throughout the remainder of this
Agreement as the “Project Description.” Attachment A sets forth additional or more
stringent requirements and conditions, which are incorporated by this reference as if set
forth fully herein. Attachment B sets forth additional requirements and conditions in
accordance with the HHPD grant program reference in the Recitals above, which are
incorporated by this reference as if set forth fully herein. If Attachment A and/or B imposes
more stringent requirements than any requirement set forth in this Agreement, the more
stringent requirements of Attachment A and/or B shall prevail, in the event of irreconcilable
conflict. The Grantee shall reference the Project's number in all correspondence with and
submissions to the OSE concerning the Project, including, but not limited to, Requests for
Payment and reports.
The information contained in Article I is referred to collectively as the “Project Description.”
II. DISBURSEMENT LIMITATION
A. Upon the Effective Date, the Grantee shall submit to the Department a comprehensive
procurement plan and expenditure plan, detailing a Project timeline with milestones,
required procurements, and identifying expected expenditures per milestone (collectively,
“Project Budget”). The Department shall review and approve the Project Budget by
issuing a Notice of Department’s Obligation (“Notice of Obligation”), in accordance with
the Project Description, a sample of which is attached hereto as Exhibit A and
incorporated herein by reference. After receipt of a Notice of Obligation, the Grantee may
be reimbursed for allowable costs up to the Total Allocated Amount. This Agreement and
any reimbursements up to the Total Allocated Amount are expressly conditioned upon the
following:
a. Irrespective of any Notice of Obligation, Grantee’s expenditures shall be made in
accordance with the Project Budget, on or before the end of the Performance
Period and/or, if applicable, any Early Termination Date; and
b. The total amount received by Grantee shall not exceed the lesser of:
i. the Total Allocated Amount identified in Article I (B) herein; or
ii. the total of all amounts stated in the Notice(s) of Obligation evidencing the
Department has received and accepted Grantee’s Third-Party
Obligation(s); and
c. Grantee’s expenditures are made and accounted for pursuant to the State
Procurement Code, State’s Model Accounting Practices, and execution of binding
written obligations or purchase orders with third-party contractors or vendors for
the provision of services, including professional services, or the purchase of

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tangible personal property and real property for the Project (“Third Party
Obligations”); and
d. Grantee’s submittal of timely Requests for Payment and supporting documentation
in accordance with the procedures set forth in this Agreement; and
e. In the event capital assets acquired with Project funds are to be sold, leased, or
licensed to or operated by a private entity, the sale, lease, license, or operating
agreement:
i. must be approved by the applicable oversight entity (if any) in accordance
with NMSA 1978, § § 3-54-1 and 3-54-2; or
ii. If no oversight entity is required to approve the transaction, the Department
of Finance and Administration’s Infrastructure Planning Development
Division (IPDD) must approve it as complying with the law.
B. Prior to the sale, lease, license, or operating agreement being approved pursuant to
Articles II(A)(e) (i) or (ii) herein, the Department may, in its sole and absolute discretion,
unless inconsistent with State Board of Finance imposed conditions, reimburse Grantee
for necessary expenditures incurred to develop the Project sufficiently to make the sale,
lease, license, or operating agreement commercially feasible, limited to planning and
design expenditures; and
C.Grantee’s submission of documentation of all Third Party Obligations and amendments
thereto (including terminations) to the Department and the Department’s issuance of a
Notice of Obligation for a particular amount in accordance with the terms of this Agreement
shall be governed by the following:
a. Grantee is authorized to budget the particular amount set forth in the Notice of
Obligation, execute the Third Party Obligation, and request the Third Party to begin
work after issuance of a Notice of Obligation by the Department.
b. Grantee acknowledges and agrees that any Third Party Obligations agreed to prior
to receiving a Notice of Obligation are its sole responsibility.
c. Grantee shall submit to the Department one copy of all Third Party Obligations and
amendments thereto (including terminations) as soon as possible after execution
by the Third Party but prior to execution by the Grantee.
d. Department may, in its sole and absolute discretion, issue a Notice of Obligation
for the particular amount of a Third Party Obligation that only obligates the
Department to reimburse Grantee’s expenditures made on or before the Reversion
Date or an Early Termination Date. The current Notice of Obligation form is
incorporated herein and attached hereto as Exhibit A.
D.Grantee shall provide all necessary qualified personnel, materials, and facilities to
implement the Project. The Grantee shall finance its share (if any) of the costs of the
Project, including all Project overruns.
E. Prior to entering into this Agreement, the Department conducted a risk assessment on the
Grantee and a project readiness review for the Project. In accordance with State Model
Accounting Practices, FIN 9.2, if the Department determines that the expenditure of
Project funds by the Grantee requires special conditions, those conditions are identified
and listed in Attachment A, which is attached and incorporated by reference. The Parties
agree that, to the extent the Department, in its sole and absolute discretion, determines

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additional special conditions are necessary or that existing special conditions are no
longer required, it may update Attachment A from time to time without the need for a formal
amendment of this Agreement.
F. Project funds shall not be used for purposes other than those authorized by the
Department in accordance with the Project Description.
G.Project funds cannot be used to reimburse the Grantee for indirect Project costs unless
specifically allowed by law.
III. NOTICES
The following provisions shall apply whenever written notices, including written decisions,
are to be given or received related to this Agreement.
The Grantee designates the person(s) listed below, or their successor, as their official
representative(s) concerning all matters related to this Agreement:
Dam Owner: City of Santa Fe
Name: Michael Garcia
Title: Mayor
Address: PO Box 909
Santa Fe, NM 87504
Email: mayor@santafenm.gov
Telephone: 505-955-6590
Fiscal Agent: City of Santa Fe
Name: Erika Lujan
Title: Grants Manager
Address: 200 Lincoln Ave
Santa Fe, NM 87501
Email: evlujan@santafenm.gov
Telephone: 505-479-1334
The Department designates the person listed below, or their successors, as the Points of
Contact for matters related to this Agreement.
Department: Office of the State Engineer
Name: Sushil Chaudhary
Title: Dam Safety Bureau Chief
Address: 5550 San Antonio Drive, NE
Albuquerque, NM 87109
Email: sushil.chaudhary@ose.nm.gov
Telephone: 505-383-4134
The Parties agree that all notices, including written decisions, related to this Agreement
shall be sent to the persons named above by email or regular mail. For mailings, notices
shall be deemed to have been given and received upon the date of the receiving party’s
actual receipt or five (5) calendar days after mailing, whichever shall first occur. In the

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case of email transmissions, the notice shall be deemed to have been given and received
on the date reflected on the delivery receipt of the email.
IV. TERM & DEADLINE TO EXPEND FUNDS
A. The term of this Agreement shall begin on the Effective Date and terminate on the day
the FEMA Performance Period ends (09/24/2027 subject to amendment) unless
Terminated Before FEMA Performance Period ends (“Early Termination”) pursuant to
Article V herein (collectively “Term”).
B. The Project’s funds must be expended on or before the end date of the FEMA
Performance Period and, if applicable, the Early Termination Date of this Agreement.
a. For purposes of this Agreement, it is not sufficient for the Grantee to encumber the
Project funds on its books on or before the Reversion Date or Early Termination
Date.
b. For purposes of this Agreement, an expenditure of funds has occurred on the date
the particular quantity of goods is delivered to and received by the Grantee, title to
the goods is transferred to the Grantee, and/or as of the date particular services
are rendered to and accepted by the Grantee.
c. For purposes of this Agreement, an encumbrance of funds pursuant to a contract
or purchase order with a third party does not qualify as an expenditure.
V. EARLY TERMINATION
A. General Provision. The Department may terminate this Agreement before the end of the
FEMA Performance Period based on the Completion of the Project, Complete Expenditure
of the Total Allocated Amoun and/or Violation of this Agreement. Early Termination
hereunder includes:
a. Termination due to completion of the Project before the end date of the FEMA
Performance Period;
b. Termination due to complete expenditure of the Total Allocated Amount before the
end date of the FEMA Performance Period;
c. Termination for violation of the terms of this Agreement; or
d. Termination for suspected mishandling of public funds, including but not limited to
fraud, waste, abuse, and conflicts of interest.
B. Non-appropriation. This Agreement is expressly contingent upon the United States
Congress and the legislature of New Mexico, if applicable, making sufficient appropriations
and authorizations for the Project Description.
a. If the United States Congress or New Mexico Legislature does not appropriate the
Total Allocated Amount, this Agreement shall terminate upon the Department
giving the Grantee written notice of such termination. Such termination shall be
effective as of the effective date of the law making the non-appropriation.
i. The Department’s decision as to whether sufficient appropriations or
authorizations are available shall be final. Grantee hereby waives any

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rights to assert an impairment of contract claim against the State of New
Mexico in the event of Early Termination of this Agreement.
b. As used herein, “non-appropriate” or “non-appropriation” includes the following
actions by the United States Congress or New Mexico Legislature:
i. Deauthorization, reauthorization, or revocation of a prior authorization as
communicated to the OSE by FEMA or DFA.
C.Grant Disbursements in the Event of Early Termination. In the event of Early Termination,
the Department’s sole and absolute obligation to reimburse the Grantee is expressly
conditioned upon the limitations set forth in Article II above.
D.Notice. Either Party may terminate this Agreement prior to the end date of the FEMA
Performance Period by providing the other Party with a minimum of fifteen (15) days
advance written notice of the Early Termination. Grantee hereby waives any rights to
assert an impairment of contract claim against the State of New Mexico in the event of
Early Termination of this Agreement by the Department.
VI. SUSPENSION OF NEW OR FURTHER OBLIGATIONS
A. Department, in its sole and absolute discretion, may provide written notice to Grantee to
suspend entering into further obligations. Upon receipt of such written notice by the
Grantee:
a. Grantee shall immediately suspend entering into new or further written obligations
with third parties;
b. Department will suspend the issuance of any new or further Notice of Obligation
under this Agreement; and
c. Department may direct the Grantee to implement a corrective action plan in
accordance with Article VI (D) herein.
B. In the event of Suspension of this Agreement, the Department’s sole and absolute
obligation to reimburse the Grantee is expressly conditioned upon the limitations set forth
in Article II herein.
C.A suspension of new or further obligations under this Agreement shall remain in effect
unless or until the date the Grantee receives written notice given by the Department
informing the Grantee that the Suspension has been lifted or that the Agreement has been
Early Terminated in accordance with Article V herein. If the Suspension is lifted, the
Department will consider further requests for a Notice of Obligation.
D.Corrective Action Plan in the Event of Suspension. Where the Department, in its sole and
absolute discretion, directs Grantee to suspend entering into new or further written
obligations with third parties pursuant to Article VI(A), the Department may, but is not
obligated to, require the Grantee to develop and implement a written corrective action plan
to remedy the grounds for the Suspension.

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a. Such a corrective action plan must be approved by the Department and be signed
by the Grantee.
b. Failure to sign a corrective action plan or meet the terms and deadlines set forth
in the signed corrective action plan is hereby deemed a violation of the terms of
this Agreement for purposes of Early Termination, Article V(A)(c).
c. A corrective action plan shall be in addition to, and not in lieu of, any other equitable
or legal remedy authorized hereunder or at law, including but not limited to Early
Termination.
VII. AMENDMENTS
Unless expressly stated otherwise herein, this Agreement shall not be altered, changed, or
amended except by an instrument in writing duly executed by both parties hereto with the same
formalities as this agreement.
VIII. REPORTING
A. Database Reporting
a. Grantee shall provide the Department with monthly reports of Project activities,
expenditures, and budget updates.
b. Additionally, Grantee shall certify on each Request for Payment form, attached
hereto as Exhibit B and incorporated herein, that all information provided in the
monthly reports is true and accurate and all Project activity complies with
applicable law and the terms of this Agreement.
c. Grantee hereby acknowledges that failure to perform and/or certify updates to the
monthly reports will jeopardize the reimbursement of funds. The Department shall
give Grantee a minimum of fourteen (14) days’ advance written notice of any
changes to the information the Grantee is required to report.
d. At the Department’s discretion, all reports required hereunder may be directed to
and facilitated through an electronic database.
e. Monthly reports shall be due by 10th of the month after the month ends following
the execution of this Agreement by the Department and ending during the month
of the submission of the final request for reimbursement for the Project, or the
following month. Monthly reports shall be in the form required by the Department.
B. Requests for Additional Information/Project Inspection
a. During the term of this Agreement and the Record Retention Period, the
Department may:
i. Request additional information regarding the Project as it deems necessary
and
ii. Conduct on-site inspections of the Project at reasonable times and upon
reasonable notice.
b. Grantee shall respond to such requests for additional information within the time
established by the Department.

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IX. REQUEST FOR PAYMENT PROCEDURES
A. Grantee shall request payment by submitting the form attached hereto as Exhibit B.
Payment requests are subject to the following procedures:
a. Each Request for Payment must be in accordance with the Project Budget and
contain proof of payment by the Grantee or liabilities incurred by the Grantee.
i. Proof of payment must demonstrate the validity of an expenditure or
liabilities incurred by Grantee.
ii. However, Grantee may be reimbursed for unpaid liabilities only if the
Department, in its sole and absolute discretion, agrees to do so and in
accordance with any special conditions imposed by the Department.
b. Obligated but unpaid invoices received by Grantee from third-party contractors or
vendors may be reimbursed if the invoices comply with the provisions of this
Agreement.
i. The Grantee shall make payment to those contractors or vendors within
five (5) business days from the date of receiving reimbursement from the
Department or in a shorter period than the Department may prescribe in
writing.
ii. The Department reserves the right to make such payments directly to the
contractors or vendors as a special condition under this Agreement.
iii. The Grantee is required to certify to the Department proof of payment to
the third-party contractor or vendor within five (5) business days from the
date the Department reimburses the Grantee.
B. .
C.Deadlines. Grantee shall submit requests for Payments to the Department on the earlier
of:
a. Immediately as Grantee receives them, but at a maximum of thirty (30) days from
when Grantee incurred the expenditure or liability; or
b. Twenty (20) days from the date of Early Termination or the end date of FEMA
Performance Period for expenditures or liabilities incurred before the Early
Termination date or the end date of FEMA Performance Period .
D.Grantee’s failure to abide by the requirements set forth in Article II and Article IX herein
may result in the denial of its Request for Payment. Department reserves the right to reject
a payment request for the Project unless and until it is satisfied that the expenditures or
liabilities are for permissible purposes within the meaning of the Project Description,
identified within the Project Budget, and that the Grantee is otherwise in compliance with
this Agreement.
a. Department’s authority to reject any Request for Payment is in addition to, and not
in lieu of, any other legal or equitable remedy available to the Department under
this Agreement, at law, or in equity.

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X. PROJECT CONDITIONS AND RESTRICTIONS
A. The following general conditions and restrictions shall apply to the Project:
a. The Project’s funds must be spent in accordance with all applicable state laws,
regulations, policies, and guidelines, including, but not limited to, the State
Procurement Code.
b. The Project’s expenditures and liabilities must be accounted for in accordance with
the State’s Model Accounting Practices, as amended from time to time.
c. The Project must be implemented in accordance with the New Mexico Public
Works Minimum Wage Act, Section 13-4-10 through 13-4-17 NMSA 1978, as
applicable. Every contract or project in excess of sixty thousand dollars ($60,000)
that the Grantee is a party to for construction, alteration, demolition or repair or any
combination of these, including painting and decorating, of public buildings, public
works or public roads and that requires or involves the employment of mechanics,
laborers or both shall contain a provision stating the minimum wages and fringe
benefits to be paid to various classes of laborers and mechanics, shall be based
upon the wages and benefits that will be determined by the New Mexico
Department of Workforce Solutions to be prevailing for the corresponding classes
of laborers and mechanics employed on contract work of a similar nature in the
locality. Further, every contract or project shall contain a stipulation that the
contractor, subcontractor, employer or a person acting as a contractor shall pay all
mechanics and laborers employed on the site of the project, unconditionally and
not less often than once a week and without subsequent unlawful deduction or
rebate on any account, the full amounts accrued at time of payment computed at
wage rates and fringe benefit rates not less than those determined pursuant to
Section 13-4-11 (B) NMSA 1978 to be the prevailing wage rates and prevailing
fringe benefit rates issued for the project. In addition, the Project is subject to the
federal Davis-Bacon Act, as amended.
d. The Project must provide a public benefit above and beyond any incidental benefit
to private entities in accordance with applicable law, including, but not limited to,
Article IX, Section 14 of the Constitution of the State of New Mexico.
e. Without prior written approval from the Department and State Board of Finance,
for the useful life of any asset purchased under this Agreement, Grantee shall not
convert any property acquired, built, renovated, repaired, designed, or developed
with Project funds to uses other than those specified in the Project Description.
i. In addition to other remedies available at law or in equity, any disposal or
conversion of property acquired, built, renovated, repaired, designed, or
developed with Project funds without the Department’s and the Board of
Finance’s express written approval will trigger the Département’s right to
reimbursement from Grantee of the Appropriated Amount, transfer
proceeds from any disposition of property to the State, or otherwise provide
consideration to the State for the Appropriated Amounts.
f. Grantee shall comply with all applicable federal and state laws, rules, and
regulations pertaining to civil rights and equal employment opportunity.
i. In accordance with all such laws, rules, and regulations, the Grantee
agrees to assure that no person shall, on the grounds of race, color,
national origin, sex, sexual preference, age, or handicap, be excluded from
participation in the Project, use of the Project, employment with Grantee,

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or otherwise be denied benefits/subject to discrimination for any activity
performed under this Agreement.
g. Where the Department, in its sole and absolute discretion, determines Grantee
has failed to comply with the above conditions and restrictions, Grantee agrees to
take appropriate steps to correct any deficiencies immediately. The Grantee’s
failure to implement such appropriate steps within a reasonable time, but no longer
than thirty (30) days after notice from the Department, constitutes a breach of this
Agreement and grounds for Early Termination.
XI. REPRESENTATIONS AND WARRANTIES
A. Reliance by Department.
a. Grantee expressly acknowledges that the Department relies on the
representations and warranties made by Grantee in this Agreement. Grantee
acknowledges that such representations and warranties are a material inducement
for the Department to enter into this Agreement and provide the Allocated Amount.
b. Grantee shall ensure all representations and warranties provided herein are true,
accurate, and complete as of the date of the Effective Date and shall remain so
throughout the Term of this Agreement. Grantee is responsible for promptly
notifying the Department in writing of any changes or inaccuracies in the
representations and warranties contained herein.
B. Grantee hereby represents and warrants the following:
a. Grantee has taken all necessary steps to attain the legal authority to receive and
expend the Project’s funds.
b. Grantee has duly authorized this Agreement, and the person executing it has
authority to do so. Once executed by Grantee, this Agreement shall constitute a
binding obligation of Grantee, enforceable according to its terms.
c. Grantee’s obligations hereunder do not conflict with any law, ordinance, or
resolution applicable to Grantee, Grantee’s charter (if applicable), or any judgment
or decree to which Grantee is subject.
d. Grantee has independently confirmed that the Project Description, including, but
not limited to, the Total Allocated Amount and the end date of the FEMA
Performance Period, is consistent with the underlying appropriation in law.
e. Grantee’s governing body has duly adopted or passed as an official act a
resolution, motion, or similar action authorizing the person identified as the official
representative of the Grantee to sign and submit Requests for Payment on behalf
of Grantee.
f. Grantee will abide by New Mexico laws regarding conflicts of interest,
governmental conduct, and whistleblower protection.
i. Grantee agrees explicitly none of its officers or employees or its designees
or agents, no member of the governing body, and no other public official of
Grantee who exercises any function or responsibility with respect to this
Agreement, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for the Project.
ii. Further, Grantee will require all of its contractors to incorporate the
language set forth in this paragraph prohibiting conflicts of interest in all
subcontracts.

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g. No funds have been paid or will be paid, by or on behalf of the Grantee, to any
person for influencing or attempting to influence an officer or employee of the
State, any agency, or body in connection with the awarding of any Third Party
Obligation.
i. Grantee will require certifying language prohibiting lobbying to be included
in the award documents for all subawards, including subcontracts, loans,
and cooperative agreements.
C.Consequences of False or Misleading Representations. If any representation or warranty
made by Grantee is found to be false or misleading, the Department shall have the right
to exercise any or all of the following remedies:
a. Termination of Agreement: Department may terminate this Agreement
immediately upon written notice to the Grantee.
b. Repayment of Grant Funds: Grantee shall repay all Allocated Amounts
disbursed under this Agreement, upon demand by the Department.
c. Other Remedies: Department may pursue any other remedies available at law or
in equity.
D.Survival of Representations and Warranties. The representations and warranties made by
the Grantee shall survive the Early Termination or expiration of this Agreement.
XII. PROJECT RECORDS
A. Grantee shall be strictly accountable for receipts and disbursements relating to the
Project’s funds. The Grantee shall follow generally accepted accounting principles and the
State’s Model Accounting Practices and, if feasible, maintain a separate bank account or
fund with a separate organizational code to ensure separate budgeting and accounting of
the funds.
B. For six (6) years following the Project’s completion (“Record Retention Period”), Grantee
shall maintain all Project-related records, including, but not limited to, all financial records,
requests for proposals, invitations to bid, selection and award criteria, contracts and
subcontracts, advertisements, minutes of pertinent meetings, as well as records sufficient
to fully account for the amount and disposition of the Appropriated Amount from all sources
budgeted for the Project, the purpose for which such funds were used, and such other
records as the Department may prescribe.
C.Grantee shall make all Project records available to the Department, the Department’s
Independent Public Accountant, and the New Mexico State Auditor upon request. With
respect to the funds that are the subject of this Agreement, if the State Auditor or the
Department finds any funds were improperly expended, Grantee shall be required to
reimburse the State all amounts found to be improperly expended.
XIII. IMPROPERLY REIMBURSED FUNDS
If the Department determines part or all of the Total Allocated Amount was improperly reimbursed
to Grantee, including but not limited to funds reimbursed to Grantee based upon fraud,

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mismanagement, misrepresentation, misuse, violation of law by the Grantee, after ten (10) days’
notice to Grantee and the opportunity to return such funds to the Department, the Department
may offset any funds due to Grantee from the State, until the Total Allocated Amount is fully
repaid.
XIV. LIABILITY
Neither Party shall be responsible for liability incurred as a result of the other Party’s acts or
omissions in connection with this Agreement. Any liability incurred in connection with this
Agreement is subject to immunities and limitations of the New Mexico Tort Claims Act.
XV. SCOPE OF AGREEMENT
This Agreement constitutes the entire and exclusive agreement between the Parties concerning
the subject matter hereof. The Agreement supersedes all prior or contemporaneous agreements,
understandings, discussions, communications, and representations, written or verbal.
XVI. REQUIRED NON-APPROPRIATIONS CLAUSE
A. Grantee acknowledges and agrees to include a “non-appropriations” clause in all contracts
between it and other parties that are (i) funded in whole or part by funds made available
under this Agreement and (ii) entered into after the effective date of this Agreement that
states:
a. “The terms of this Agreement are contingent upon sufficient appropriations and
authorization being made by the US Congress to FEMA and New Mexico
Legislature to DFA, as communicated to the OSE by FEMA and DFA, for the
performance of this Agreement.
b. If the OSE provides notification of insufficient appropriations and authorization,
the City of Santa Fe may immediately terminate this Agreement by giving
Contractor written notice of such termination.
c. The City of Santa Fe’s decision as to whether sufficient appropriations are
available shall be final and accepted by the Contractor. Contractor hereby waives
any rights to assert an impairment of contract claim against the City of Santa Fe or
the State of New Mexico or FEMA in the event of immediate or Early Termination
of this Agreement by the City of Santa Fe or the OSE.”
XVII. REQUIRED TERMINATION CLAUSE
A. Grantee acknowledges and agrees to include the following termination clause in all
contracts that are (i) funded in whole or part by funds made available under this Agreement
and (ii) entered into after the effective date of this Agreement:
a. “This contract is funded in whole or in part by funds made available by the State of
New Mexico (“State”). Should terminate its Agreement with the City of Santa Fe,
the City of Santa Fe may terminate this contract immediately by providing
Contractor written notice of such termination.

Page 13 of 38
b. In the event of termination pursuant to this paragraph, the City of Santa Fe’s only
liability to Contractor shall be for goods and services delivered and accepted prior
to the termination date.”
XVIII. COMPLIANCE WITH UNIFORM FUNDING CRITERIA
A. Throughout the term of this Agreement, Grantee shall:
a. Submit all reports of annual audits and agreed-upon procedures required by § 12-
6-3(A)-(B), NMSA 1978 by the due dates established in § 2.2.2 NMAC, reports of
which must be a public record pursuant to § 12-6-5(A), NMSA 1978 within forty-
five (45) days of delivery to the State Auditor;
b. Have a duly adopted budget for the current fiscal year approved by its budgetary
oversight agency (if any);
c. Timely submit all required financial reports to its budgetary oversight agency (if
any); and
d. Use accounting methods and procedures consistent with Generally Accepted
Accounting Principles and the State’s Model Accounting Practices to expend the
Appropriated Amount in accordance with applicable law and account for and
safeguard Project funds and assets acquired with Project funds.
B. In the event Grantee fails to comply with the requirements of subparagraph A of this Article
XVIII, Department may take one or more of the following actions:
a. Suspend new or further obligations pursuant to Article VI(A) of this Agreement;
b. Require the Grantee to develop and implement a written corrective action plan
pursuant to Article VI(D) of this Agreement to remedy the non-compliance;
c. Impose special conditions to address the non-compliance by giving Grantee notice
of such special conditions in accordance with Article III of this Agreement;
i. The Parties agree that any special conditions imposed to address non-
compliance shall be incorporated into this Agreement, through Attachment
A, upon notice to, without need for formal amendment of this Agreement;
ii. Special conditions shall be binding and effective on the date that notice is
deemed to have been given pursuant to Article III or
d. Terminate this Agreement pursuant to Article V(A) of this Agreement.
XIX. GENERAL PROVISIONS
A. Assignment: The City of Santa Fe’s rights and obligations under this Agreement are
personal and may not be transferred or assigned without the prior written consent of the
State. Any attempt at assignment or transfer without such consent shall be void. Any
assignment or transfer of Grantee’s rights and obligations approved by the State shall be
subject to the provisions of this Agreement.
B. Subcontractors: Grantee shall not enter any subgrant or subcontract in connection with its
obligations under this Agreement without the prior written approval of the State. Upon
request, Grantee shall submit to the Department a copy of each such subgrant or
subcontract.

Page 14 of 38
C.Binding Effect: Except as otherwise provided, all provisions of this Agreement, including
the benefits and burdens, shall extend to and be binding upon the Parties’ respective
successors and assigns.
D.Authority: Each Party represents and warrants to the other that the execution and delivery
of this Agreement and the performance of such Party’s obligations have been duly
authorized.
E. Captions and References: The captions and headings in this Agreement are for the
convenience of reference only and shall not be used to interpret, define, or limit its
provisions. All references in this Agreement to sections (whether spelled out or using the
§ symbol), subsections, exhibits, or other attachments are references to sections,
subsections, exhibits, or other attachments contained herein or incorporated as a part
hereof, unless otherwise noted.
F. Counterparts: This Agreement may be executed in multiple, identical, original
counterparts, each of which shall be deemed to be an original, but all of which, taken
together, shall constitute the same agreement.
G.Digital Signatures: If any signatory signs this agreement using a digital signature in
accordance with the State Policies regarding the use of digital signatures, then any
agreement or consent to use digital signatures within the electronic system through which
that signatory signed shall be incorporated into this Agreement by reference.
H.Modification: Except as otherwise provided in this Agreement, any modification to this
Agreement shall only be effective if agreed to in a formal amendment, properly executed
and approved in accordance with applicable New Mexico law and State fiscal policies and
rules. Modifications permitted under this Agreement, other than Agreement amendments,
shall conform to the policies issued by the State.
I. Statutes, Regulations, Fiscal Rules, and Other Authority: Any reference in this Agreement
to a statute, regulation, policy, or other authority shall be interpreted to refer to such
authority then current, as may have been changed or amended after the Effective Date of
this Agreement.
J. External Terms and Conditions: Notwithstanding anything to the contrary herein, the State
shall not be subject to any provision included in any terms, conditions, or agreements
appearing on Grantee’s or a subcontractor’s website or any provision incorporated into
any click-through or online agreements related to the Work unless that provision is
specifically referenced in this Agreement.
K. Severability: The invalidity or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision of this Agreement, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under this Agreement in accordance with its intent.
L. Survival of Certain Agreement Terms: Any provision of this Agreement that imposes an
obligation on a Party after the termination or expiration of this Agreement shall survive the
termination or expiration of this Agreement and shall be enforceable by the other Party.

Page 15 of 38
M.Third Party Beneficiaries: Except for the Parties’ respective successors and assigns
described in this Agreement, it does not and is not intended to confer any rights or
remedies upon any person or entity other than the Parties. Enforcement of this Agreement
and all rights and obligations hereunder are reserved solely to the Parties. Any services
or benefits that third parties receive as a result of this Agreement are incidental to this
Agreement and do not create any rights for such third parties.
N.Waiver: A Party’s failure or delay in exercising any right, power, or privilege under this
Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor
shall any single or partial exercise of any right, power, or privilege preclude any other or
further exercise of such right, power, or privilege.
O.Standard and Manner of Performance: Grantee shall perform its obligations under this
Agreement in accordance with the highest standards of care, skill, and diligence in
Grantee’s industry, trade, or profession.
P. Licenses, Permits, and Other Authorizations: Grantee shall secure, prior to the Effective
Date, and maintain at all times during the term of this Agreement, at its sole expense, all
licenses, certifications, permits, and other authorizations required to perform its obligations
under this Agreement and shall ensure that all employees, agents, and subcontractors
secure and maintain at all times during the term of their employment, agency or
subcontractor, all license, certifications, permits and other authorizations required to
perform their obligations in relation to this Agreement.
Q.Publicity: Any Publicity regarding the subject matter of this Agreement may not be
released without prior written approval from the Department. For purposes of this
agreement, “Publicity” means notices, informational pamphlets, press releases, email
responses, research, reports, signs, and similar public notices prepared by or for the
Grantee or jointly with others.
a. Grantee shall obtain written approval prior to issuing any press release or making
any public announcement regarding this agreement. Grantee agrees to obtain
approval of the Department in advance with respect to all Public Relations, all
communications with media, or all communications with any other member of the
public with respect to this agreement, except to acknowledge that an agreement
does exist.
b. For purposes of this agreement, “Public Relations” includes community relations
and means those activities dedicated to maintaining the Department's image or
maintaining or promoting understanding and favorable relations with the
community or public at large or any segment of the public.
c. Violations of either Article XX (Q)(a) or (b) shall constitute a material Breach of
Agreement.
R.Data Sharing: The State intends to secure and collate specific data generated by Grantee
under this Agreement to use in support of the State’s organizational, policy-making, and
management of public resource functions. State, in accordance with Exhibit D, attached
hereto and incorporated herein by reference, reserves the right to require Grantee and/or

Page 16 of 38
its subcontractors to provide specific data relevant to the above-listed functions. Data
provided by Grantee may be incorporated into existing or future developed State
integrated analysis tools or databases, including but not limited to geographic information
system (GIS) networks and databases accessible by the public. Dissemination of data
collected may include historical data and projections based on such historical data.
a. To the extent any data transferred as part of this Agreement is legally determined
to be the property of Subrecipient or its subcontractors, Subrecipient and/or its
subcontractors grants State a nonexclusive, fully paid-up right and license to
reproduce, use, distribute, do derivative works based on, and archive data
transferred as part of this Agreement.
S. Venue and Choice of Law: This Agreement shall be governed by and construed in
accordance with the laws of the State of New Mexico, without regard to any conflict of law
provisions. Any legal suit, action, or proceeding arising out of or related to this Agreement
shall be instituted exclusively in the district courts located in Santa Fe, New Mexico. The
Parties hereby irrevocably submit to the exclusive jurisdiction and venue of such courts in
any such suit, action, or proceeding. The Parties waive any objection to the laying of the
venue of any such suit, action, or proceeding in the district courts of Santa Fe, New
Mexico, and irrevocably waive and agree not to plead or claim in any such court that any
such suit, action, or proceeding brought in any such court has been brought in an
inconvenient forum.
[SIGNATURE PAGE AND EXHIBITS FOLLOW]
[THIS SPACE LEFT BLANK INTENTIONALLY]

Page 17 of 38
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the Department's
date of execution.
APPROVED BY DEPARTMENT: OFFICE OF THE STATE ENGINEER
By:
Name: Elizabeth K. Anderson, P.E._
Title: State Engineer Date:
Chief Financial Officer: By:
Name: Jim Williamson
Title: Chief Financial Officer Date:
AS TO BUDGET SUFFICIENCY
Program Support Director: By:
Name: Jeff Primm
Title: Program Support Director Date:
AS TO LEGAL FORM AND SUFFICIENCY
General Counsel’s Office: By:
Name: R. Alfred Walker
Title: ALU Managing Attorney Date: 01/20/2026

Page 18 of 38
APPROVED BY GRANTEE:
City of Santa Fe By:
Name: Date:
Title: Date:
Attestation: By:
Name:
Title: Date:
Finance Director: By:
Name:
Title: Date:
Legal Counsel: By:
Name:
Title: Date:Marcos Martinez (Apr 28, 2026 11:15:41 MDT)
Marcos MartinezMarcos MartinezCity AttorneyApr 28, 2026ANDREA PHILLIPS (May 1, 2026 16:38:13 MDT)05/01/2026

Page 19 of 38
NOTICE OF OBLIGATION TO REIMBURSE GRANTEE
EXHIBIT A
EXHIBIT A
Notice of Obligation to Reimburse Grantee [# 1]
DATE:
FROM: Department:
TO: Grantee:
Grantee Official Representative:
SUBJECT: Notice of Obligation to Reimburse Grantee
Grant Number:
Grant Termination Date:
As the designated representative of the Department for Grant Agreement number [ ] entered
into between Grantee and the Department, I certify that the Grantee has submitted to the Department the
following third party obligation executed, in writing, by the third party’s authorized representative:
Vendor or Contractor: [ ]
Third Party Obligation Amount: [ ]
Vendor or Contractor: [ ]
Third Party Obligation Amount: [ ]
Vendor or Contractor: [ ]
Third Party Obligation Amount: [ ]
I certify that the State is issuing this Notice of Obligation to Reimburse Grantee for permissible purposes within
the scope of the project description, subject to all the terms and conditions of the above referenced Grant
Agreement.
Grant Amount (Minus AIPP if applicable): [ ]
The Amount of this Notice of Obligation: [ ]
The Total Amount of all Previously Issued Notices of Obligation: ]
The Total Amount of all Notices of Obligation to Date: [ ]
Note: Contract amounts may exceed the total grant amount, but the invoices paid by the grant will not exceed the grant amount.
Department Rep. Approver: [ ]
Title: [ ]
Signature: [ ]
Date: [ ]
1 Administrative and/or Indirect Cost – generally, the legislation authorizing the issuance of bonds prohibits
the use of its proceeds for indirect expenses (e.g. penalty fees or damages other than pay for work performed,
attorney fees, and administrative fees). Such use of bond proceeds shall not be allowed unless specifically
authorized by statute.

Page 20 of 38
)
(I
t (
t
G
EXHIBIT B
STATE OF NEW MEXICO
CAPITAL GRANT PROJECT
Request for Payment
Exhibit B
I. Grantee Information II. Payment Computation
A. Payment Request No.
(Make
A. sure information is com
Grantee: plete & accurate)
B. Grant Amount:
B. Address: C. AIPP Amount(If Applicable :
D. Funds Requested to Date:
(Complete Mailing, including Suite, if applicable)
E. Amount Requested this Payment :
F. Reversion Amount f Applicable):
G. Grant Balance:
C. City
Phone No: State Zip H. GF OB STB (attach wire if first draw )
D. Grant No: I. Final Request for Paymen if Applicable)
E. Project Title:
F. Grant Expiration Date:
III. Fiscal Year :
(The State of NM Fiscal Year is July 1, 20XX through June 30, 20XX of the following year)
IV. Reporting Certification: I hereby certify to the best of my knowledge and belief, that database reporting is up to date; to include the
accuracy of expenditures and grant balance, project status, project phase, achievements and milestones; and in compliance with Article VIII of the
Capital Outlay Grant Agreement.
V. Compliance Certification: Under penalty of law, I hereby certify to the best of my knowledge and belief, the above information is
correct; expenditures are properly documented, and are valid expenditures or actual receipts; and that the grant activity is in full compliance with
Article IX, Sec. 14 of the New Mexico Constitution known as the "anti donation" clause.
Grantee Fiscal Officer Grantee Representative
or Fiscal Agen (if applicable)
Printed Name Printed Name
Date: Date:
(State Agency Use Only)
Vendor Code: Fund No.: Loc No.:
I certify that the State Agency financial and vendor file information agree with the above submitted informat ion.
Division Fiscal Officer Date Division Project Manager Date

Page 21 of 38
EXHIBIT D
Data Sharing Provisions
Left Intentionally Blank
[May be used if required by DFA]

Page 22 of 38
ATTACHMENT A
TO
OFFICE OF THE STATE ENGINEER
SUB-RECIPIENT GRANT AGREEMENT
ARTICLE 1 REVIEW
Upon execution of the agreement, the Grantee shall follow the procedures listed below unless
waived in writing by the New Mexico Office of the State Engineer (OSE). As used in this Exhibit
“OSE” means the New Mexico Office of the State Engineer, Dam Safety Bureau or its designated
agent. The OSE may withhold payment if any of these procedures are not followed by the
Grantee.
A. If the grant funds are to be used for the rehabilitation, modification, alteration, repair, removal
or construction of a dam, the Grantee must coordinate and hold a scoping meeting with the
OSE Dam Safety Bureau prior to procuring engineering or construction services or prior to
commencing any work not included in an approved Operation and Maintenance Manual. The
purpose of the scoping meeting is to define the extent of the project, the responsibilities of the
project participants, the criteria to be applied to review and approval, and other topics that
may improve overall execution and value of the project.
B. The Grantee must submit a detailed project description (scope of work) to the OSE prior to
committing to expenditures from these funds. The project description shall include a schedule
of the work to be completed in Gantt chart or Critical Path Method (CPM) format.
C.If the grant funds are to be used for the rehabilitation, modification, alteration, repair, removal
or construction of a dam, the Grantee must comply with all applicable requirements of NMAC
Title 19 Chapter 25 Part 12 – Rules and Regulations Governing Dam Design, Construction,
and Dam Safety.
D.The Grantee must submit copies to the OSE of all executed contracts entered into by the
Grantee prior to this agreement that are related to the project as determined by the OSE for
review and approval.
E. If these grant funds are to be used for engineering and/or other professional services in excess
of $60,000 the Grantee shall issue and conduct a Request for Proposals (RFP) for engineering
services and/or other professional services in compliance with the New Mexico Procurement
Code [Sections 13-1-21 et seq. NMSA 1978]. If the engineering fees will exceed $60,000,
excluding gross receipt taxes, the Grantee is required to solicit Qualification-based proposals
using the RFP template provided by the OSE or one provided by the Grantee but reviewed
and accepted by the OSE. The Grantee must submit documentation regarding the hiring
process to be used and the RFP, if applicable, to the OSE for review and approval prior to
selecting engineering and/or other professional services.
F. If these grant funds are to be used for engineering and/or other professional services, the
Grantee must submit a draft form of any engineering agreement and/or other professional
services contract, or a letter certifying that the Grantee's staff will be used for design, to the
OSE for review and approval prior to executing the agreement/contract or using Grantee's
staff. The required engineering agreement format is to be provided by the OSE or provided
by the Grantee but reviewed and accepted by the OSE.

Page 23 of 38
G.A Preliminary Engineering Report (PER) or study by a registered New Mexico Professional
Engineer may be required by the OSE. If the OSE requires a PER or study, the Grantee and
its consultant shall meet with the OSE as described in Article 1. A. of this Attachment before
starting any work for a meeting to fully discuss the scope and extent of the PER. The
consultant shall present its preliminary outline for the PER, including the alternatives to be
considered. The Grantee must submit the final PER and/or study to the OSE for review and
approval before preparation of plans and specifications. The purpose of the PER and/or study
is to analyze and choose the most technically feasible and cost effective solution for the
project. If directed by the OSE, the Grantee shall follow the approach used by the USDA’s
Rural Utilities Service (RUS) Bulletin 1780-2 in preparation of the PER or study. Grantee shall
not start the preparation of plans and specifications until Grantee receives OSE approval of
the PER, study, or waiver of the report requirement.
H.A Value Engineering (VE) study coordinated and executed by a registered New Mexico
Professional Engineer may be required by the OSE for projects completed under this
agreement. Projects with preliminary or scoping phase construction cost estimates of $3.0
Million or greater may be subject to this VE study requirement.
I. If the grant funds are to be used for engineering design or for construction, the Grantee must
submit all plans, specifications, and any addenda (prepared by a registered New Mexico
Professional Engineer) for this project to the OSE for review and approval before the project
is advertised for construction bids.
J. The Grantee must submit all work related to easements, rights-of-ways, other property rights,
and financing provisions associated with the project to the OSE for review prior to advertising
for construction bids. The Grantee must certify in writing that this has been done prior to
award of the construction contract. Proof of property ownership or easements for the land
upon or through which the facility is being constructed with appropriate stamps or markings
indicating they are filed with the County Assessor, may be required prior to the award of a
construction contract. When real property or easements will be acquired by the Grantee, either
through purchase or donation, as a part of this project and within the project period, the
Grantee shall submit to the OSE documentation of the acquisition, including a legal description
of the property, the date the property will be acquired, evidence of clear title, and an appraisal
report prepared by a qualified appraiser who was selected through applicable procurement
procedures. These documents must be reviewed and approved by the OSE prior to the
acquisition of any real property. After real property acquisition, the Grantee shall make
available to the OSE all documents of title pertaining to the acquired property and all
easements or rights-of-way necessary for the completion of work under this grant agreement
as described above.
K. The Grantee shall submit the recommendation of award, certified bid tabulation, a copy of bid
bond for the selected contractor and evidence of full project financing to the OSE for review
and approval prior to awarding the contract. Grantee shall not award the contract until the
OSE has concurred with the award in writing. Competitive bidding, in accordance with
applicable state laws (including local wage determinations as provided for in Section 13-4-11
NMSA 1978), shall be used for awarding construction contracts. Contracts shall be awarded
to the responsive, responsible bidder who submits the lowest acceptable bid, or as provided
for by State Law.
L. Following OSE approval of the proposed award, the Grantee shall submit to the OSE for
review the notice of the award and the minutes of the meeting in which the award was made,

Page 24 of 38
the notice of a pre-construction conference, a copy of the executed construction contract
documents (including payment and performance bonds), and the notice to contractor to
proceed. The selected contractor shall be required to post a performance and payment bond
in accordance with requirements of Section 13-4-18 NMSA 1978.
M.The selected contractor shall be required to submit a critical path method (CPM) construction
schedule to the Grantee at the pre-construction conference with a copy to the OSE.
N.The Grantee shall submit all modifications to plans and contract by change orders to the OSE
promptly for review and approval prior to implementation of such modification or change. The
decision by the OSE will be rendered promptly in writing to the Grantee. In cases necessitating
immediate action, a verbal decision will be rendered by the OSE and followed by written
confirmation to the Grantee.
O.The Grantee shall provide a Resident Project Representative (RPR) to observe construction
of the project. The RPR may be a contractor that is secured through the process described in
Article 1.E. of this Attachment. If a contractor is used, an agreement must be executed in
accordance with the process described in Article 1.F. of this Attachment. The decision on the
need for a full-time or part-time RPR is at the sole discretion of the OSE based on oversight
requirements and may be modified during the project. The Grantee will be required to submit
the RPR’s résumé to the OSE for review and approval prior to commencement of construction.
P. Notwithstanding the inspections performed by the Grantee and its engineer, the OSE will have
the right to examine all installations comprising the project, including materials delivered and
stored on-site for use on the project. Such examinations shall not be considered an inspection
for compliance with contract plans but will be in the nature of general OSE review as described
in Article 2 below.
ARTICLE 2 OSE OVERSIGHT
OSE site visits, reviews, and approvals are only for purposes of compliance with applicable grant
requirements, procedures, and regulations. Any OSE approval shall not be interpreted or
construed as any warranty or guarantee. Approval of plans and design of the project means only
that plans are complete and in compliance with applicable grant requirements, procedures, and
regulations. The OSE will bring to the Grantee's attention any obvious defects in the project's
design, materials, or workmanship, but all such defects and their correction shall be the
responsibility of the Grantee and its contractors and consultants. Any questions raised by the
OSE during its site visits and reviews shall be resolved exclusively by the Grantee. The Grantee
and its contractors and consultants shall remain responsible for the completion and success of
the project. Any OSE approval shall not relieve the owner or engineer of legal responsibilities for
the overall integrity of the project, adequacy of the design, safety, or compliance with all applicable
regulations.
ARTICLE 3 CLOSEOUT
A. The project will not be considered complete until the work as defined in this agreement has
been fully performed, and finally and unconditionally accepted by the Grantee and the OSE.
B. If the grant funds are to be used for preparation of a PER, a study, or plans and specifications,
reimbursement to the grantee will be made after approval by the OSE of the PER, study, or

Page 25 of 38
plans and specifications. Reimbursements shall not constitute approval of any of these
documents.
C.If the grant funds are to be used for purchase of equipment, final reimbursement will be made
after approval by the OSE of receipt of equipment title and appraisal reports for used
equipment.
D.If the grant funds are to be used for construction (Exhibit E), final reimbursement will be made
after the final site visit has been conducted by the OSE and the following items, unless waived
by the OSE, have been provided to the OSE in writing, and have been reviewed and approved
by the OSE:
i. Operation and maintenance manuals for equipment or a letter from the owner certifying
receipt and acceptance of the manuals for the installed equipment;
ii. A final reimbursement request including the final certified construction pay request
prepared by the Grantee's project engineer and approved by the Grantee;
iii. A certificate of substantial completion issued by the project’s engineer of record, including
punch list items;
iv. A letter certifying project acceptance by the Grantee and the Grantee’s project engineer
stating that work has been satisfactorily completed and the construction contractor has
fulfilled all of the obligations required under the contract documents with the Grantee, or if
payment and materials performance bonds have been "called", an acceptance close-out
settlement to the Grantee and contractor shall be submitted to the OSE for final review
and approval;
v. Certification letter by the Grantee that the Labor Standards Contract Provisions have been
met;
vi. Record drawings prepared by the Grantee's project engineer or a letter from the owner
certifying receipt and acceptance of the record drawings;
vii. Complete and legally effective releases or waivers (satisfactory to the Grantee) of all liens
arising out of the contract documents and the labor services performed and the materials
and equipment furnished thereunder. In lieu thereof and as approved by the Grantee,
contractor(s) may furnish receipts or releases in full; together with an affidavit of contractor
that the releases and receipts include labor, services, materials, and equipment for which
a lien could be filed and that all payrolls, material and equipment bills, and other
indebtedness connected with the work for which the Grantee or its property might in any
way be responsible, have been paid or otherwise satisfied;
viii. A written consent of the surety, if any, to final payment; and
ix. Grantee's ledger sheets, including all payments made by the Grantee, may be requested
with the final reimbursement request and before the final reimbursement request can be
processed by the OSE.

Page 26 of 38
* To be Submitted with Payment Application
Project Name: Project Number (DFA):
Interim Project Report Final Other
Report Period: From / / To / /
Field Orders Issued or Contemplated This Period:
No.
No.
No.
Change Orders Issued or Contemplated This Period:
No. Net Change in Contract Price $
Justification:
Original Contract Price: $ Current Contract Price: $
CONTRACT TIME: Original Completion Date or Days
Current Completion Date or Days
Days Remaining for Completion
Percent Project is Complete % On Schedule? Yes No
Briefly Describe Project Progress During This Period:
Issues Addressed During This Period (Indicate Any Issues That Remain Unresolved):
Engineer’s Attestation: Owner Concurrence:
ENGINEERS CONSTRUCTION STATUS REPORT*
EXHIBIT E
Prepared for the Office of the State Engineer Dam Safety Bureau

Page 27 of 38
ATTACHMENT B
TO THE OFFICE OF THE STATE ENGINEER
HHPD GRANT AGREEMENT
DEPARTMENT OF HOMELAND SECURITY
STANDARD TERMS AND CONDITIONS

Page 28 of 38
FY 2024 DHS STANDARD TERMS AND CONDITIONS
[Recipient is the Office of the State Engineer and subrecipient is the grantee (the entity) to whom
the federal grant is sub-awarded by the Office of the State Engineer.]
The Fiscal Year (FY) 2024 Department of Homeland Security (DHS) Standard Terms and Conditions
apply to all new federal awards of federal financial assistance (federal awards) for which the federal
award date occurs in FY 2024 and flow down to subrecipients unless a term or condition
specifically indicates otherwise. For federal awards that may involve continuation awards made
in subsequent FYs, these FY 2024 DHS Standard Terms and Conditions will apply to the
continuation award unless otherwise specified in the terms and conditions of the continuation
award. The United States has the right to seek judicial enforcement of these terms and conditions.
All legislation and digital resources are referenced with no digital links. These FY 2024 DHS
Standard Terms and Conditions are maintained on the DHS website at
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
A. Assurances, Administrative Requirements, Cost Principles, Representations, and
Certifications
I. Recipients must complete either the Office of Management and Budget (OMB) Standard
Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D
Assurances – Construction Programs, as applicable. Certain assurances in these
documents may not be applicable to your program and the DHS financial assistance office
(DHS FAO) may require applicants to certify additional assurances. Applicants are
required to fill out the assurances as instructed by the federal awarding agency.
B. General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the
federal award date and located at 2 C.F.R. Part 200 and adopted by DHS at 2 C.F.R.
§3002.10. All recipients and subrecipients must acknowledge and agree to provide DHS
access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R.
§200.337.
I. Recipients must cooperate with any DHS compliance reviews or compliance investigations.
II. Recipients must give DHS access to examine and copy records, accounts, and other
documents and sources of information related to the federal financial assistance award
and permit access to facilities and personnel.
III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS
officials and maintain appropriate backup documentation to support the reports.
IV. Recipients must comply with all other special reporting, data collection, and evaluation
requirements required by law, federal regulation, Notice of Funding Opportunity, federal
award specific terms and conditions, and/or federal awarding agency program guidance.
V. Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of
receiving the Notice of Award for the first award under which this term applies. Recipients
of multiple federal awards from DHS should only submit one completed tool for their
organization, not per federal award. After the initial submission, recipients are required to
complete the tool once every two (2) years if they have an active federal award, not every
time a federal award is made. Recipients must submit the completed tool, including

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supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil
rights obligations and related reporting requirements contained in these DHS Standard
Terms and Conditions. Subrecipients are not required to complete and submit this tool to
DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-
evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its
discretion, granting an extension to the 30-day deadline if the recipient identifies steps and
a timeline for completing the tool. Recipients must request extensions by emailing the
request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline.
C. Standard Terms & Conditions
I. Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements,
press releases, requests for proposal, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal award funds.
II. Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing
project activities outside the United States obtain all appropriate licenses, permits, or
approvals.
III. Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub.
L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which prohibits
discrimination on the basis of age in any program or activity receiving federal financial
assistance.
IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with
Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101–
12213), 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.
V. Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) as part of carrying out the
scope of work under a federal award are required to have a publicly available privacy
policy that describes standards on the usage and maintenance of the PII they collect. DHS
defines PII as any information that permits the identity of an individual to be directly or
indirectly inferred, including any information that is linked or linkable to that individual.
Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and
Privacy Template as useful resources respectively.
VI. Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964,
Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides
that no person in the United States will, on the grounds of race, color, or national origin,
be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance. DHS
implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of an award

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from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s
implementing regulations at 44 C.F.R. Part 7.
VII.Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284
(codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from
discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision
of services in connection. therewith, on the basis of race, color, national origin, religion,
disability, familial status, and sex, as implemented by the U.S. Department of Housing and
Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination
includes the requirement that new multifamily housing with four or more dwelling units—
i.e., the public and common use areas and individual apartment units (all units in buildings
with elevators and ground-floor units in buildings without elevators)—be designed and
constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
VIII. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any
work first produced under federal awards and also include an acknowledgement that the
work was produced under a federal award (including the federal award number and federal
awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves
a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use
the work for federal purposes and to authorize others to do so.
IX.Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations
implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as
implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from
entering into covered transactions (such as subawards and contracts) with certain parties
that are debarred, suspended, or otherwise excluded from or ineligible for participation in
federal assistance programs or activities.
X. Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart
C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-
wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace Act of 1988 (41
U.S.C. §§ 8101-8106).
XI.Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included
as a cost or used to meet cost sharing or matching requirements of any other federal
award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However,
recipients may shift costs that are allowable under two or more federal awards where
otherwise permitted by federal statutes, regulations, or the federal financial assistance
award terms and conditions.
XII.Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of
1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide
that no person in the United States will, on the basis of sex, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any educational

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program or activity receiving federal financial assistance. DHS implementing regulations
are codified at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency
Management Agency (FEMA) must also comply with FEMA’s implementing regulations at
44 C.F.R. Part 19.
XIII. E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice
Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the
requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law
enforcement agencies are also encouraged to adopt and enforce policies consistent with
E.O. 14074 to support safe and effective policing.
XIV. Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act,
Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which
contain policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
XV.False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729-
3733, which prohibit the submission of false or fraudulent claims for payment to the
Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative
remedies for false claims and statements made.)
XVI. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances,
and benefit overpayments. (See OMB Circular A-129.)
XVII. Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while
driving recipient-owned, recipient-rented, or privately owned vehicles when on official
government business or when performing any work for or on behalf of the Federal
Government. Recipients are also encouraged to conduct the initiatives of the type
described in Section 3(a) of E.O. 13513.
XVIII. Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air
carriers can be found at: Certificated Air Carriers List | US Department of Transportation,
https://www.transportation.gov/policy/aviation-policy/certificated-air-carriers-list)for
international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive
Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to
Comptroller General Decision B-138942.
XIX. Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded
entirely or in part by federal award funds complies with the fire prevention and control
guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.

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XX.John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the
prohibitions described in section 889 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327,
200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients,
subrecipients, and their contractors and subcontractors – prohibits obligating or expending
federal award funds on certain telecommunications and video surveillance products and
contracting with certain entities for national security reasons.
XXI. Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et
seq.) prohibition against discrimination on the basis of national origin, which requires that
recipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services.
For additional assistance and information regarding language access obligations, please
refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-access-people-limited and
additional resources on http://www.lep.gov.
XXII. Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that
none of the funds provided under a federal award may be expended by the recipient to pay
any person to influence, or attempt 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 any federal action related to a federal award or contract,
including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R.
Part 9, recipients must file a lobbying certification form as described in Appendix A to 6
C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a
lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on
Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).
XXIII. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of
1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.)
(NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing
the Procedural Provisions of NEPA, which require recipients to use all practicable means
within their authority, and consistent with other essential considerations of national policy,
to create and maintain conditions under which people and nature can exist in productive
harmony and fulfill the social, economic, and other needs of present and future
generations of Americans.
XXIV.Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social service
programs administered or supported by DHS or its component agencies, enabling those
organizations to participate in providing important social services to beneficiaries.
Recipients must comply with the equal treatment policies and requirements contained in 6
C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the
participations of faith- based organizations in individual DHS programs.
XXV. Non-Supplanting Requirement

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Recipients of federal awards under programs that prohibit supplanting by law must ensure
that federal funds supplement but do not supplant non-federal funds that, in the absence
of such federal funds, would otherwise have been made available for the same purpose.
XXVI.Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in
the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by
reference. All recipients must comply with any such requirements set forth in the NOFO. If
a condition of the NOFO is inconsistent with these terms and conditions and any such
terms of the Award, the condition in the NOFO shall be invalid to the extent of the
inconsistency. The remainder of that condition and all other conditions set forth in the
NOFO shall remain in effect.
XXVII.Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable
regulations governing inventions and patents, including the regulations issued by the
Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms under Government Awards, Contracts, and
Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. §
401.14.
XXVIII. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section
6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by
the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R.
§200.323. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that
contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition.
XXIX.Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of
1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that
no otherwise qualified handicapped individuals in the United States will, solely by reason
of the handicap, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal financial
assistance.
XXX. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of any currently active grants, cooperative agreements, and procurement
contracts from all federal awarding agencies exceeds $10,000,000 for any period of time
during the period of performance of the federal award, then the recipient must comply with
the requirements set forth in the government-wide Award Term and Condition for
Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII,
the full text of which is incorporated by reference.
XXXI.Reporting Subawards and Executive Compensation
For federal awards that equal or exceed $30,000, recipients are required to comply with
the requirements set forth in the government-wide award term on Reporting Subawards
and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of
which is incorporated by reference.

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XXXII.Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
Recipients of an award of Federal financial assistance from a program for infrastructure
are hereby notified that none of the funds provided under this award may be used for a
project for infrastructure unless:
(1)all iron and steel used in the project are produced in the United States—this means all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States;
(2)all manufactured products used in the project are produced in the United States—this
means the manufactured product was manufactured in the United States; and the cost
of the components of the manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the
minimum amount of domestic content of the manufactured product has been
established under applicable law or regulation; and
(3)all construction materials are manufactured in the United States—this means that all
manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or permanently affixed to
the infrastructure project.
Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these
requirements. The agency should notify the recipient for information on the process for
requesting a waiver from these requirements.
(a) When the Federal agency has determined that one of the following exceptions applies,
the awarding official may waive the application of the domestic content procurement
preference in any case in which the agency determines that:
(1)applying the domestic content procurement preference would be inconsistent with
the public interest;
(2)the types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or of
a satisfactory quality; or
(3)the inclusion of iron, steel, manufactured products, or construction materials
produced in the United States will increase the cost of the overall project by more
than 25 percent.
A request to waive the application of the domestic content procurement preference must
be in writing. The agency will provide instructions on the format, contents, and supporting

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materials required for any waiver request. Waiver requests are subject to public comment
periods of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing
waiver described at "Buy America" Preference in FEMA Financial Assistance Programs
for Infrastructure | FEMA.gov. The definitions applicable to this term are set forth at 2
C.F.R. § 184.3, the full text of which is incorporated by reference.
XXXIII. SAFECOM
Recipients receiving federal financial assistance awards made under programs that
provide emergency communication equipment and its related activities must comply with
the SAFECOM Guidance for Emergency Communication Grants, including provisions on
technical standards that ensure and enhance interoperable communications. The
SAFECOM Guidance is updated annually and can be found at Funding and Sustainment
| CISA.
XXXIV. Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible for ensuring
compliance with the E.O. and laws.
XXXV. Trafficking Victims Protection Act of 2000 (TVPA)
Recipients must comply with the requirements of the government-wide financial assistance
award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-
386, § 106 (codified as amended at 22 U.S.C. § 7104). The award term is located at 2
C.F.R. § 175.15, the full text of which is incorporated by reference.
XXXVI. Universal Identifier and System of Award Management
Recipients are required to comply with the requirements set forth in the government-wide
financial assistance award term regarding the System for Award Management and
Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of
which is incorporated reference.
XXXVII. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act
of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
XXXVIII. Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos,
crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use
of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags,
or likenesses of component officials.
XXXIX. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections at 10
U.S.C § 470141 U.S.C. § 4712.
XL. Environmental Planning and Historic Preservation (EHP) Review

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DHS/FEMA funded activities that may require an Environmental Planning and Historic
Preservation (EHP) review are subject to the FEMA EHP review process. This review does
not address all federal, state, and local requirements. Acceptance of federal funding requires
the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider
the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA
grant funds, through its EHP review process, as mandated by: the National Environmental
Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance
Program regulations; and any other applicable laws and executive orders. General guidance
for FEMA’s EHP process is available on the DHS/FEMA Website at:
https://www.fema.gov/grants/guidance-tools/environmental-historic. Specific applicant
guidance on how to submit information for EHP review depends on the individual grant
program and applicants should contact their grant Program Officer to be put into contact with
EHP staff responsible for assisting their specific grant program. The EHP review process must
be completed before funds are released to carry out the proposed project; otherwise,
DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws,
executive orders, regulations, and policies. If ground disturbing activities occur during
construction, applicant will monitor ground disturbance, and if any potential archaeological
resources are discovered the applicant will immediately cease work in that area and notify the
pass-through entity, if applicable, and DHS/FEMA.
XLI. Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements imposed
upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive
order. If the requirement does not apply to Indian tribes or there is a federal law or regulation
exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence
to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian
tribe. The execution of grant documents is not intended to change, alter, amend, or impose
additional liability or responsibility upon the Tribe where it does not already exist.
XLII. Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made, or if an
administrative change must be made to the award package, recipients will be notified of the
change in writing. Once the notification has been made, any subsequent requests for funds
will indicate recipient acceptance of the changes to the award. Please call FEMA Grant
Management Operations at (866)927-5646 or via e-mail to: ASK-GMD@fema.dhs.gov if you
have any questions.
XLIII. Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award by a non-state
recipient or non-state sub-recipients, when that equipment is no longer needed for the original
project or program or for other activities currently or previously supported by a federal
awarding agency, you must request instructions from FEMA to make proper disposition of the
equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub-recipients
must follow the disposition requirements in accordance with state laws and procedures.
XLIV. Prior Approval for Modification of Approved Budget

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Before making any change to the FEMA approved budget for this award, you must request
prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes
of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction
under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost
categories, programs, functions, or activities. Therefore, for awards with an approved budget
where the federal share is greater than the simplified acquisition threshold(currently
$250,000), you may not transfer funds among direct cost categories, programs, functions, or
activities without prior written approval from FEMA where the cumulative amount of such
transfers exceeds or is expected to exceed ten percent(10%) of the total budget FEMA last
approved. For purposes of awards that support both construction and non-construction work,
FEMA is utilizing its discretion under 2C.F.R. section 200.308(h)(5) to require the recipient to
obtain prior written approval from FEMA before making any fund or budget transfers between
the two types of work. You must report any deviations from your FEMA approved budget in
the first Federal Financial Report (SF-425) you submit following any budget deviation,
regardless of whether the budget deviation requires prior written approval.
XLV. Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost
rate for the federal award. If applicable, the indirect cost rate for this award is stated in the
budget documents or other materials approved by FEMA and included in the award file.
XLVI. Pass-Through to Subrecipients
Awards made to the State Authorized Agency (SAA) for HHPD carry additional pass-through
requirements. Pass-through is defined as an obligation on the part of the SAA to make funds
available to eligible subrecipients. All pass-through entities must comply with Section 2 C.F.R.
200.332 Requirements for pass-through entities.
XLVII. Mitigation Plan Extraordinary Circumstances:
A Hold Payment will apply for the award that has a hazard mitigation plan that does not include
all dam risks. This is a corrective action to the original term of the award, which allowed up to
12 months after the date FEMA approved the subrecipients workplan to meet the local
mitigation plan requirement as described in the Notice of Funding Opportunity (NOFO). If a
recipient fails to comply with the terms and conditions of a federal award, FEMA may terminate
the award in whole or in part. If the noncompliance can be corrected, FEMA may first attempt
to direct the recipient to correct the noncompliance. In the event the noncompliance is not able
to be corrected by imposing additional conditions or the recipient or subrecipient refuses to
correct the matter, FEMA might take other remedies allowed under 2 C.F.R. § 200.339. These
remedies include actions to disallow costs, recover funds, wholly or partly suspend, or
terminate the award, initiate suspension, and debarment proceedings, withhold further federal
awards, or take other remedies that may be legally available. For further information on
termination due to noncompliance, see the section on Termination Provisions in the NOFO.
XLVIII. Revision of Budget and Scope of Work Package (formerly called “amendment/workplan”)
Within 90 days of the notice of award, the State Authorized Agency must submit a revision or
Scope of Work package to FEMA for approval that describes the budget and project scope
for all work proposed, including identification of all subrecipients, in accordance with 2 C.F.R.
§ 200.308. The grant award is based on the recipient’s Program Work Plan (Scope of Work

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package) and applicant eligibility for an allocation under this program and does not convey
approval of project scope of work for subrecipients. Budget amounts over each recipient's
allocation cannot be funded, and budget amounts short of the allocation may require FEMA
recovering the difference between the allocation and budget amount.
XLIX. Eligible High Hazard Potential Dam Documentation
The State Authorized Agency(SAA) must submit a list of all eligible high hazard potential dams
in their state with the application. The SAA must submit official assurance statement (signed
by the State Dam Safety Officer or Governor's Authorized Representative) that all dams
included on the list of eligible high hazard potential dams are regulated by the state dam safety
program and meet the HHPD criteria for eligible high hazard potential dams (Source:33 USC-
467(4)(A)).
L. Performance Goal
The objective of the HHPD grant is to provide financial assistance for repair, removal, or
rehabilitation of eligible high hazard potential dams. Based on the review of your application,
FEMA will verify the claimed costs are consistent with the stated program objective. By
accepting this award, you certify that the total Federal award amount comports to the total of
all allowable costs incurred by the recipient during this fiscal year, in keeping with the
program’s objective. FEMA will further assess the recipient’s performance against the
program objectives during the quarterly reporting cycles and the award closeout process
outlined in the Performance Measures section of the HHPD grant Notice of Funding
Opportunity.
LI. Infrastructure Investment and Jobs Act Funded Projects
Recipients of awards using Infrastructure Investment and Jobs Act funding are required to
report during quarterly reporting cycles the project award details and description, subaward
project level location data, and the project status and progress toward achieving dam risk
reduction project outcomes.

Signature:Email:Signature:Email:Signature:Email:trjurgens@santafenm.govJONATHAN MONTOYA (Apr 29, 2026 05:23:15 MDT)
JONATHAN MONTOYAjmmontoya@santafenm.govjdroach@santafenm.gov