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HomeMy WebLinkAboutContract 57336 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 CSC No.57336 'K STATE OF TEXAS TWDB Contract No. 1700012478 COUNTY OF TRAVIS Flood Mitigation Assistance Project Grant City of Fort Worth This Contract(hereinafter CONTRACT) is entered into by and between the TEXAS WATER DEVELOPMENT BOARD (TWDB), the RECIPIENT, serving as the administrator of the Federal Emergency Management Agency's (FEMA) Flood Mitigation Assistance Program, and City of Fort Worth, the Subrecipient(CONTRACTOR). SECTION I.SPECIFIC CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT ARTICLE I. DEFINITIONS: For the purposes of this CONTRACT,the following terms or phrases are defined as follows: 1. TWDB/RECIPIENT - The Texas Water Development Board, Data Universal Number System (DUNS) No. 091209978 or its designated representative. 2. FEMA- Federal Emergency Management Agency 3. FMA - Flood Mitigation Assistance Program, Catalog of Federal Domestic Assistance (CFDA) No. 97.029 4. 2 CFR PART 200 - Title 2 of the Code of Federal Regulations, Part 200. S. CONTRACTOR/SUBRECIPIENT- City of Fort Worth, DUNS No. 13370917 6. EXECUTIVE ADMINISTRATOR- The Executive Administrator of TWDB or a designated representative. 7. PARTICIPANT(S) - Property owners participating in the Flood Mitigation Assistance subgrant(EXHIBIT B). 8. REQUIRED INTERLOCAL AGREEMENT(S) - N/A 9. FEMA APPROVAL DATE - May 21, 2020 10. TWDB APPROVAL DATE - May 17, 2018 OFFICIAL RECORD CITY SECRETARY TWDB Contract No. 1700012478 FT. WORTH, TX Section I,Page 1 of 3 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 11. PROJECT AREA- The project area is more specifically defined in EXHIBIT B(the original grant application). 12. DEADLINE FOR CONTRACT EXECUTION - December 30, 2020 13. CONTRACT EFFECTIVE DATE -August 14, 2017 14. PROJECT COMPLETION DATE - March 21, 2021 15. CONTRACT EXPIRATION DATE -June 19, 2021 16. TOTAL PROJECT COST - $550,000.00 17. FEDERAL SHARE OF THE TOTAL PROJECT COST- Not to exceed$515,500.00 18. LOCAL SHARE OF THE TOTAL PROJECT COST- Not to exceed$34,500.00 19. PAYMENT REQUEST SCHEDULE - Submit payment requests totaling a minimum of $5,000 on a Federal quarterly basis, unless it is the final payment request being submitted. 20. OTHER SPECIAL CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT (ALL SPECIAL CONDITIONS ARE SUBJECT TO THE INDIVIDUAL CONTRACT CIRCUMSTANCES.): A. CONTRACTOR must include the following language in the advertisement for bids for all contracts for construction or construction materials receiving funds from the Flood Infrastructure Fund (FIF): Any contract(s) awarded under this solicitation is/are subject to the United States Iron and Steel (U.S. I&S) requirements of Texas Government Code Chapter 2252, Subchapter G, as applicable. B. CONTRACTOR must include the following United States Iron and Steel Requirement language in all construction contracts: Subcontractor acknowledges to and for the benefit of Contractor and TWDB that it understands the goods and services under this Subcontract are being partially funded with monies made available by the Flood Infrastructure Fund (FIF). This fund has statutory requirements commonly known as "United States Iron and Steel"that require all iron and steel products used in the project to be produced in the United States ("United States Iron and Steel Requirement"), including iron and steel products provided by Subcontractor pursuant to this Agreement. Subcontractor hereby represents and warrants to and for the benefit of Contractor and TWDB that(a) Subcontractor has reviewed and understands the United States Iron and Steel Requirement, (b) TWDB Contract No. 1700012478 Section I,Page 2 of 3 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the United States Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) Subcontractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the United States Iron and Steel Requirement as may be requested by Contractor or TWDB. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by Subcontractor will permit Contractor to enforce this Agreement and recover as damages against Subcontractor any loss, expense, or cost(including without limitation attorney's fees) incurred by Contractor resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from TWDB or any damages owed to TWDB by Contractor). Neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) may be amended or waived without the prior written consent of TWDB. In the execution of the Contract, Subcontractor must be familiar with and at all times must observe and comply with all applicable federal, state, and local laws, ordinances and regulations concerned with the use of iron and steel made in the United States which in any manner affect the conduct of the work, and will indemnify and save harmless the Texas Water Development Board against any claim arising from violation of any such law, ordinance or regulation by Contractor or by its Subcontractor(s) or employees. TWDB Contract No. 1700012478 Section I,Page 3 of 3 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 SECTION II.STANDARD AGREEMENT ARTICLE I. RECITALS WHEREAS, CONTRACTOR applied through TWDB for a FEMA project grant under the FMA program to mitigate specific flood problems as identified in EXHIBIT B,the original grant application, which is incorporated herein and made a permanent part of this CONTRACT; and WHEREAS, CONTRACTOR, PARTICIPANTS, and/or TWDB may commit cash and/or in-kind services to pay the LOCAL SHARE OF THE TOTAL PROJECT COST; and WHEREAS, CONTRACTOR will receive grant funds and will be responsible for the execution of this CONTRACT and compliance with the FMA requirements; and WHEREAS, on the FEMA APPROVAL DATE, FEMA approved CONTRACTOR's application for financial assistance; NOW, THEREFORE, TWDB and CONTRACTOR agree as follows: ARTICLE II AGREEMENTS 1. The United States of America,through the Director of FEMA, has agreed to fund to CONTRACTOR, through TWDB, the FEDERAL SHARE OF THE TOTAL PROJECT COSTS. By acceptance of the funds awarded, CONTRACTOR agrees to abide by the terms and conditions of this CONTRACT as set forth in this document and the documents identified herein and made a part hereof by reference. 2. Services and activities provided under this CONTRACT must be in strict compliance with the requirements of Texas Government Code Chapter 742, as well as EXHIBIT A,the FEMA Award Package. 3. CONTRACTOR will provide Flood Mitigation Assistance to the PROJECT AREA, as delineated and described in EXHIBIT B, the original grant application, and according to the implementation plan approved by TWDB. ARTICLE III. PERIOD OF PERFORMANCE The period of performance of this CONTRACT is from the CONTRACT EFFECTIVE DATE to the PROJECT COMPLETION DATE, unless otherwise amended. TWDB Contract No. 1700012478 Section II,Page 1 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 ARTICLE IV. APPLICABLE FEDERAL LAWS AND RULES FEMA requires all grant recipients and subrecipients to comply with Federal laws and rules. These Federal laws and rules are listed in Article VIII of the FEMA Award Package (EXHIBIT A),which is incorporated herein and made a permanent part of this CONTRACT. CONTRACTOR must comply with all Federal laws and rules listed in EXHIBIT A.All FEMA grants are also subject to the following requirements: 1. TWDB will reimburse CONTRACTOR for costs determined by FEMA to be allowable, allocable, necessary and reasonable in accordance with 2 CFR Part 200. 2. CONTRACTOR must follow applicable matching or cost-sharing requirements found in 2 CFR Part 200, the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, as required (EXHIBITA). 3. The project will be administered by CONTRACTOR following the Hazard Mitigation Assistance (HMA) Unified Guidance in effect when the application (EXHIBIT B) was submitted to FEMA, which is available at www.fema.gov. 4. CONTRACTOR must notify TWDB of any funds transferred to FEMA arising fromthe performance of this CONTRACT, along with accrued interest, if any. S. Construction Project Requirements A. Acceptance of federal funding requires FEMA, TWDB and CONTRACTOR to comply with all federal, state, and local laws prior to the start of any construction activity. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. B. Any changes to the approved scope of work as outlined in EXHIBITS A and B will require re-evaluation by TWDB and FEMA for CONTRACTOR compliance with the National Environmental Act and other laws and Executive Orders. C. If ground-disturbing activities occur during construction, CONTRACTOR must ensure monitoring of the ground disturbance and, if any potential archeological resources are discovered, CONTRACTOR must immediately cease construction in that area and notify TWDB and FEMA. 6. Publication Rights.Any publication resulting from work performed under this CONTRACT must include an acknowledgement of FEMA financial support and a statement that the publication does not constitute an endorsement nor reflectthe views of FEMA or TWDB. TWDB Contract No. 1700012478 Section II,Page 2 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 7. Contract Amendments. No subsequent grants, monetary increase amendment, or time extension amendment will be approved unless all overdue financial or performance reports have been submitted to TWDB by CONTRACTOR. Exceptions to this policy may be approved by FEMA only. 8. Registration and Reporting Requirement. Pursuant to the FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006, Pub. L. 109-282, CONTRACTOR is required to obtain a Data Universal Numbering System (DUNS) number andregister with System of Award Management(www.sam.gov). Registration and reporting requirement must be maintained during the life of this CONTRACT. ARTICLE V. INTELLECTUAL PROPERTY: OWNERSHIP, PUBLICATION,AND ACKNOWLEDGEMENT 1. For purposes of this Article, "Contractor Works"are work products developed by CONTRACTOR and any Subcontractors using funds provided under this CONTRACT or otherwise rendered in or related to the performance in whole or part of this CONTRACT, including but not limited to reports; drafts of reports; material, data, drawings, studies, analyses, notes, plans, computer programs and codes; or other work products, whether final or intermediate. A. It is agreed that all Contractor Works are the joint property of TWDB and CONTRACTOR. B. The parties hereby agree that, if recognized as such by applicable law,the Contractor Works are intended to and will be works-made-for-hire with joint ownership between TWDB and CONTRACTOR as such works are created in whole or part. C. If Contractor Works do not qualify as works-made-for-hire under applicable law, CONTRACTOR hereby conveys co-ownership of such works to TWDB as they are created in whole or part. If present conveyance is ineffective under applicable law, CONTRACTOR agrees to convey a co-ownership interest of Contractor Works to TWDB after creation in whole or part of such works, and to provide written documentation of such conveyance upon request by TWDB. D. TWDB and CONTRACTOR acknowledge that the copyright in and to copyrightable Contractor Works subsists upon creation of the Contractor Works and its fixing in any tangible medium. CONTRACTOR or TWDB may register the copyrights to such Works jointly in the names of CONTRACTOR and TWDB. E. TWDB and CONTRACTOR each have full and unrestricted rights to use TWDB Contract No. 1700012478 Section II,Page 3 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Contractor Works with no compensation obligation. 2. "Use" of a work product,whether Contractor Works, Subcontractor Works or otherwise, means and includes,without limitation hereby, any lawful use, copying or dissemination of the work product, or any lawful development, use, copying or dissemination of derivative works of the work product, in any medium or form, whether now known or later existing. 3. "No Compensation Obligation"means there is no obligation on the part of one co- owner or licensee of a work, whether Contractor Works, Subcontractor Works or otherwise, to compensate other co-owners, licensees or licensors of the work for any use of the work by the using co-owner or licensee, including but not limited to compensation for or in the form of: royalties; co-owner or licensee accounting; sharing of revenues or profits among co-owners, licensees or licensors; or any other form of compensation to the other co-owners, licensees or licensors on account of any use of the work. 4. "Dissemination"includes, without limitation hereby, any and all manner of: physical distribution; publication; broadcast; electronic transmission; internet streaming; posting on the Internet or world wide web; or any other form of communication, transmission, distribution, sending or providing, in any forms or formats, and in or using any media, whether now known or later existing. S. TWDB has an unlimited, unrestricted, perpetual, irrevocable, non-exclusive royalty- free right to access and receive in usable form and format, and to use all technical or other data or information developed by CONTRACTOR and Subcontractor in, or otherwise resulting from,the performance of services under this CONTRACT. 6. For purposes of this Article, "Subcontractor Works"includes all work product developed in whole or part by or on behalf of Subcontractors engaged by CONTRACTOR to perform work for or on behalf of any CONTRACTOR under this CONTRACT (or by the Subcontractors' Subcontractors hereunder, and so on). CONTRACTOR must secure in writing from any Subcontractors so engaged: A. unlimited, unrestricted, perpetual, irrevocable,royalty-free rights of TWDB (and, if desired, of CONTRACTOR) to access and receive, and to use any and all technical or other data or information developed in or resulting fromthe performance of services under such engagement, with No Compensation Obligation; and either: B. assignment by the Subcontractor to TWDB (and, if desired by them,jointly to CONTRACTOR) of ownership (or joint ownership with the Subcontractor) of all Subcontractor Works, with No Compensation Obligation; or C. grant by Subcontractor of a non-exclusive, unrestricted, unlimited,perpetual, TWDB Contract No. 1700012478 Section II,Page 4 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 irrevocable,world-wide, royalty-free license to TWDB (and, if desired by them, CONTRACTOR) to use any and all Subcontractor Works, including the right to sublicense use to third parties,with No Compensation Obligation. 7. No unauthorized patents. Contractor Works and Subcontractor Works or other work product developed or created in the performance of this CONTRACT or otherwise using funds provided hereunder must not be patented by CONTRACTOR or their Subcontractor(s) unless Executive Administrator consents in writing to submission of an application for patent on such works; and provided that, unless otherwise agreed in writing,: A. any application made for patent must include and name TWDB (and, as applicable and desired by them, CONTRACTOR) as co-owners of the patented work; B. no patent granted will in any way limit, or be used by CONTRACTOR or Subcontractor to limit or bar TWDB's rights hereunder to access and receive in useable form and format, and right to use, any and all technical or other data or information developed in or resulting from performance pursuant to this CONTRACT or the use of funds provided hereunder;and C. TWDB (and, if applicable, CONTRACTOR) will have no compensation obligation to any other co-owners or licensees of any such patented work, unless otherwise expressly agreed in writing. 8. CONTRACTOR must include terms and conditions in all contracts or other engagement agreements with any Subcontractors as are necessary to secure these rights and protections for TWDB, and must require that Subcontractors include similar such terms and conditions in any contracts or other engagements with their Subcontractors. For the purposes of this section, "Subcontractors"includes independent contractors (including consultants) and also employees working outside the course and scope of employment. 9. Any work products subject to a TWDB copyright or joint copyright and produced or developed by CONTRACTOR or its Subcontractor(s) pursuant to this CONTRACT or using any funding provided by TWDB may be reproduced in any medium, form or format by TWDB or CONTRACTOR at their own cost, and be disseminated in any medium, format or form by any party at its sole cost and in its sole discretion. CONTRACTOR may utilize such work products it deems appropriate, including dissemination of such work products or parts thereof under their own name, provided that any TWDB copyright is noted on the materials. 10. CONTRACTOR agrees to promptly notify TWDB regarding any media requests or inquiries relating to the work performed under this CONTRACT. TWDB Contract No. 1700012478 Section II,Page 5 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 ARTICLE VI. GENERAL TERMS AND CONDITIONS 1. GENERAL TERMS A. Disaster Recovery Plan. Upon request of TWDB, CONTRACTOR must provide descriptions or copies of its business continuity and disaster recovery plans. B. Dispute Resolution. The dispute resolution process provided for in Texas Government Code Chapter 2260 must be used to attempt to resolve any dispute arising under this CONTRACT. C. Excess Obligations Prohibited/No Debt Against the State. This Contract is subject to termination or cancellation without penalty to TWDB, either in whole or in part, subject to the availability of state funds. D. False Statements. If CONTRACTOR signed its bid or response with a false statement or it is subsequently determined that CONTRACTOR has violated any of the representations, guarantees, warranties, certifications or affirmations included in its bid or response, CONTRACTOR will be in default under the CONTRACT and TWDB may terminate or void the CONTRACT. E. Force Majeure. Neither CONTRACTOR nor TWDB will be liable to the other for any delay in or failure of performance of any requirement contained in this CONTRACT caused by force majeure. The existence of such causes of delay or failure will extend the period of performance until after the causes of delay or failure have been removed, provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which,by the exercise of all reasonable due diligence, such party is unable to overcome. F. Governing Law and Venue. This CONTRACT is governed by and construed in accordance with the laws of the State of Texas,without regard to the conflicts of law provisions. The venue of any suit arising under this CONTRACT is fixed in any court of competent jurisdiction in Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to TWDB. G. CONTRACTOR AGREES THAT IT IS SOLELY LIABLE FOR ALL ACTIONS, CLAIMS,DEMANDS, OR SUITS,AND ALL RELATED COSTS,ATTORNEY FEES,AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF CONTRACTOR OR ITS AGENTS,EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR TWDB Contract No. 1700012478 Section II,Page 6 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE MUST BE COORDINATED BY CONTRACTOR WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT,AND CONTRACTOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. CONTRACTOR AND TWDB AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. H. Public Information Act. CONTRACTOR understands that TWDB and CONTRACTOR will comply with the Texas Public Information Act, Texas Government Code Chapter 552, as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation and other material in connection with this CONTRACT may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Texas Government Code § 2252.907, CONTRACTOR is required to make any information created or exchanged with the State pursuant to this CONTRACT, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. I. State Auditor's Right to Audit. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. The acceptance of funds directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. J. Should any one or more provisions of this CONTRACT be held to be null,void, voidable, or, for any reason whatsoever, of no force and effect, such provision(s) will be construed as severable from the remainder of this CONTRACT and will not affect the validity of all other provisions of this CONTRACT,which will remain in full force and effect. 3. AFFIRMATIONS AND CERTIFICATIONS A. Antitrust Affirmation. CONTRACTOR represents and warrants that, in accordance with Texas Government Code § 2155.005, neither CONTRACTORnor TWDB Contract No. 1700012478 Section II,Page 7 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 any firm, corporation, partnership, or institution represented by CONTRACTOR, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business &Commerce Code, or the federal antitrust laws; or (2) communicated directly or indirectly the contents of the proposal resulting in this CONTRACT to any competitor or any other person engaged in the same line of business as CONTRACTOR. B. Child Support Obligation Affirmation. Under Texas Family Code § 231.006, CONTRACTOR certifies that the individual or business entity named in this CONTRACT is not ineligible to receive the specified grant, loan or payment, and acknowledges that this CONTRACT may be terminated and payment may be withheld if this certification is inaccurate. C. Dealings with Public Servants. Pursuant to Texas Government Code § 2155.003, CONTRACTOR represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount,trip, favor, or service to a public servant in connection with the goods or services being supplied. D. Debts and Delinquencies Affirmation. CONTRACTOR agrees that any payments due under the CONTRACT will be applied towards any debt or delinquency that is owed to the State of Texas. E. E-Verify Program. CONTRACTOR certifies that for contracts for services, CONTRACTOR will utilize the U.S. Department of Homeland Security's E-Verify system during the term of the CONTRACT to determine the eligibility of: 1) all persons employed by CONTRACTOR to perform duties within Texas; and 2) all persons, including Subcontractors, assigned by CONTRACTOR to perform work pursuant to the CONTRACT within the United States of America. F. Entities that Boycott Israel. Pursuant to Texas Government Code § 2270.002, CONTRACTOR certifies that either (i) it meets one of the exemption criteria under§ 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. CONTRACTOR must state any facts that make it exempt from the boycott certification. G. Excluded Parties. CONTRACTOR certifies that it is not listed on the federal government's terrorism watch list as described in Executive Order 13224. H. Executive Head of a State Agency Affirmation. In accordance with Texas Government Code § 669.003, relating to contracting with the executive head of a state agency, CONTRACTOR certifies that it is not: 1) the executive head of TWDB; 2) a person who at any time during the four years before the date of this CONTRACT was the executive head of TWDB; or 3) a person who employs a TWDB Contract No. 1700012478 Section II,Page 8 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 current or former executive head of TWDB. If Section 669.003 applies, CONTRACTOR must provide the following information: Name of Former Executive: Name of State Agency: Date of Separation from State Agency: Position with Contractor: Date of Employment with Contractor: I. Financial Participation Prohibited. Pursuant to Texas Government Code § 2155.004(a), CONTRACTOR certifies that neither CONTRACTOR nor any person or entity represented by CONTRACTOR has received compensation from TWDB or any agency of the State of Texas for participation in the preparation of the specifications or solicitation on which this CONTRACT is based. Under Texas Government Code § 2155.004(b), CONTRACTOR certifies that the individual or business entity named in this CONTRACT is not ineligible to receive the specified contract and acknowledges that this CONTRACT may be terminated, and payment withheld if this certification is inaccurate. J. Foreign Terrorist Organizations. CONTRACTOR represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Texas Government Code § 2252.152. K. Human Trafficking Prohibition. Under Texas Government Code § 2155.0061, CONTRACTOR certifies that the individual or business entity named in this CONTRACT is not ineligible to receive the specified contract and acknowledges that this CONTRACT may be terminated, and payment withheld if this certification is inaccurate. L. Lobbying Prohibition. CONTRACTOR represents and warrants that TWDB's payments to CONTRACTOR and CONTRACTOR's receipt of appropriated or other funds under the CONTRACT are not prohibited by Texas Government Code§§ 556.005 or 556.0055, related to the prohibition on payment of state funds to a lobbyist or for lobbying activities. M. No Conflict of Interest. CONTRACTOR represents and warrants that the provision of goods and services or other performance under this CONTRACT will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. CONTRACTOR also represents and warrants that, during the term of this CONTRACT, CONTRACTOR will immediately notify TWDB, in writing, of any existing or potential conflict of interest relative to the performance of the CONTRACT. TWDB Contract No. 1700012478 Section II,Page 9 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 N. Prior Disaster Relief Declaration. Texas Government Code §§ 2155.006 and 2261.053 prohibit state agencies from accepting a response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Texas Government Code§ 418.004, occurring after September 24, 2005. Under Texas Government Code §§ 2155.006 and 2261.053, CONTRACTOR certifies that the individual or business entity named in this CONTRACT is not ineligible to receive the specified contract and acknowledges that this CONTRACT may be terminated, and payment withheld if this certification is inaccurate. 0. Suspension and Debarment. CONTRACTOR certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintainedby the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. ARTICLE VII. STANDARDS OF PERFORMANCE. 1. Personnel. CONTRACTOR must assign only qualified personnel to perform the services required under this CONTRACT. CONTRACTOR is responsible for ensuring that any Subcontractor utilized also assigns only qualified personnel. Qualified personnel are persons who are properly licensed to perform the work and who have sufficient knowledge, skill and ability to perform the tasks and services required herein according to the standards of performance and care for their trade or profession. 2. Professional Standards. CONTRACTOR must provide the services and deliverables in accordance with applicable professional standards. CONTRACTOR represents and warrants that it is authorized to acquire Subcontractors with the requisite qualifications, experience, personnel and other resources to perform in the manner required by this CONTRACT. 3. Procurement Laws. CONTRACTOR must comply with applicable State of Texas procurement laws, rules and policies, as well as 2 CFR§§ 200.319 - 200.326, Methods of Procurement, including but not limited to competitive bidding and the Professional Services Procurement Act, Texas Government Code, Chapter 2254, relating to contracting with persons whose services are within the scope ofpractice of: accountants, architects, landscape architects, land surveyors, medical doctors, optometrists, professional engineers, real estate appraisers, professional nurses, and certified public accountants. CONTRACTOR must comply with all regulations listed in 2 CFR Part 200 and state TWDB Contract No. 1700012478 Section II,Page 10 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 law and procedure for the purchase of equipment and supplies. 4. Independent Contractor. Both parties hereto, in the performance of this CONTRACT, act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party will not be deemed or construed to be the employees or agents of the other partyfor any purposes whatsoever. S. Proprietary and Confidential Information. CONTRACTOR warrants and represents that any information that is proprietary or confidential and is received by CONTRACTOR from TWDB or any governmental entity will not be disclosed to third parties without the written consent of TWDB or applicable governmental entity,whose consent will not be unreasonably withheld. 6. Contract Administration. TWDB will designate a project manager for this CONTRACT. The project manager will serve as the point of contact between TWDB and CONTRACTOR. TWDB's project manager will supervise TWDB's review of CONTRACTOR's technical work, deliverables, draft reports, the FINAL REPORT, payment requests, schedules, financial and budget administration, and similar matters. The project manager does not have any express or implied authority to vary the terms of the CONTRACT, amend the CONTRACT in any way or waive strict performance of the terms or conditions of the CONTRACT. 7. Nepotism. CONTRACTOR must comply with Texas Government Code Chapter 573 by ensuring that no officer, employee or member of CONTRACTOR's governing body votes or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition does not prohibit the employment of a person who has been continuously employed for a period of two years prior to the election or appointment of the officer, employee or governing body member related to such person in the prohibited degree. 8. Open Meetings. CONTRACTOR must comply with Texas Government Code Chapter 551, which requires all regular, special or called meetings of governmental bodies to be open to the public, except as otherwise provided by law. ARTICLE VIII. DISTRIBUTING GRANT FUNDS 1. TWDB agrees to compensate and reimburse CONTRACTOR in a total amount notto exceed the FEDERAL SHARE OF THE TOTAL PROJECT COST and the LOCAL SHARE OF THE TOTAL PROJECT COST for costs incurred and paid by CONTRACTOR pursuant to performance of this CONTRACT. CONTRACTOR will contribute local matching funds in sources and amounts defined as the LOCAL SHARE OF THE TWDB Contract No. 1700012478 Section II,Page 11 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 TOTAL PROJECT COST . TWDB will reimburse CONTRACTOR for one hundred percent(100%) of the FEDERAL SHARE OF THE TOTAL PROJECT COST and the LOCAL SHARE OF THE TOTAL PROJECT COST of each invoice up to ninety percent (90%) of the TOTAL PROJECT COST pending CONTRACTOR's performance. Upon TWDB's review and approval of project completion according to the specific close- out requirements for FMA, TWDB will pay the remaining ten percent(10%) to CONTRACTOR. The cost share per property is detailed in EXHIBITS A, B and D. Notwithstanding the above referenced paragraph, TWDB may provide advance funds to CONTRACTOR in order to minimize the time elapsing between the transfer of funds and their disbursement by CONTRACTOR. Such advance funds will be disbursed in compliance with FEMA regulations, including but not limited to 2 CFR Part 200. CONTRACTOR understands and agrees that it has no right to such advances,but that TWDB, in its sole discretion,may from time to time agree to advance payments before receiving any subcontractor invoices. Depending upon availability of funds, TWDB may elect to fund the LOCAL SHARE OF THE TOTAL PROJECT COST. If PARTICIPANT(S) have already paid some or all of the required matching funds, CONTRACTOR must submit evidence that PARTICIPANT(s) have been fully reimbursed before TWDB will release the TWDB SHARE OF THE TOTAL PROJECT COST to CONTRACTOR. 2. Before submitting any subcontractor's invoices and prior to reimbursement or advances of funds, CONTRACTOR must submit a copy of all procurement documents,the scoresheets for all respondents, and the official submittal of the selected subcontractor to TWDB for concurrence with 2 CFR Part200.319-200.326. 3. CONTRACTOR must submit an implementation plan for review and approval by TWDB prior to commencement of construction activities. The approved implementation plan will then become a permanent part of this CONTRACT as EXHIBIT C. 4. Requests for advance or reimbursement of subcontractor expenses will only be considered where such subcontractor procurement(s) have been submitted and where such subcontracts or agreements have been determined acceptable by the EXECUTIVE ADMINISTRATOR as described herein. The EXECUTIVE ADMINISTRATOR must provide written review and acceptance of contracts or agreements between CONTRACTOR and subcontractor(s) and between such subcontractors and any other subcontractors prior to CONTRACTOR finalizingsuch subcontracts or agreements.All subcontract agreements must include the DUNS number for the subcontractor. The purpose of this review is solely to ensure that the subcontracts and agreements are consistent with this CONTRACT and that the rights of TWDB are protected. CONTRACTOR understands that CONTRACTOR should obtain its own legal review of subcontracts and agreements that CONTRACTOR enters into. CONTRACTOR agrees that TWDB assumes no legal TWDB Contract No. 1700012478 Section II,Page 12 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 obligations under its subcontracts or agreements. Each subcontract or agreement must include a detailed budget estimate with specific cost details for each task or specific item of work to be performed by the subcontractor and for each category of reimbursable expenses. The subcontracts must conform to the terms of the CONTRACT and include provisions which require subcontractor compliance with TWDB rules. CONTRACTOR must adhere to all requirements in state law and TWDB rules pertaining to the procurement of professional services. Subcontracts for surveying activities will not be required. S. CONTRACTOR must submit advance or payment requests and the required documentation for reimbursement according to the PAYMENT REQUEST SUBMISSION SCHEDULE and in accordance with the approved task and expense budgets contained in EXHIBIT D to this CONTRACT. 6. For reimbursement, CONTRACTOR must submit a signed and completed Payment Request Checklist along with task and expense spreadsheet (https://www.twdb.texas.gov/about/contract_admin/index.asp) and documentation listed below, according to the PAYMENT SUBMISSION SCHEDULE. All quarterly Financial and Performance Report must be current as required by Article X and XI of this section. The Payment Request package will include the following: A. The completed Payment Request Checklist will include the total incurred and paid expenses along with the following information (1) TWDB Contract Number; (2) The reimbursement period; beginning(date) to ending(date); (3) Total Expenses being requested for this period; (4) Total In-kind services, if applicable; (5) Total Federal, TWDB, and Local Share of the total study costs for the billing period, as applicable; (6) Total costs to be reimbursed by TWDB for the billing period;and (7) Certification, signed by CONTRACTOR authorized representative,thatthe expenses submitted for the billing period are a true and correct representation of amounts paid for work performed directly related to this CONTRACT. B. For direct expenses incurred by CONTRACTOR for subcontracted work: (1) Copies of detailed, itemized invoices/receipts from the subcontractor to the CONTRACTOR and proof of payment by CONTRACTOR. Credit card summary receipts or statement are not acceptable alone, must be accompanied by the itemized invoice or receipt; and (2) A spreadsheet showing the tasks that were performed; the percent and cost of each task completed; a total cost figure for each direct expense category contained in EXHIBIT D; and the total dollar amount paid to and due to the subcontractor(s). The spreadsheet should also include the TWDB Contract No. 1700012478 Section II,Page 13 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 expense budget and the cost of each expense item.Any payments of expenses which CONTRACTOR withholds from a subcontractor for the purposes of retainage,will be considered to have been paid by CONTRACTOR for purposes of determining expenses paid. C. For direct expenses incurred by the CONTRACTOR other than subcontracted work: (1) Copies of detailed, itemized invoices/receipts from expenses purchased by CONTRACTOR and proof of payment by CONTRACTOR. Credit card summary receipts or statement are not acceptable alone, must be accompanied by the itemized invoice or receipt; and (2)A spreadsheet showing the tasks that were performed,the percent and cost of each task completed, and a total cost figure for each direct expense category contained in EXHIBIT D. The spreadsheet should also include the expense budget and the cost of each expense item. D. For travel expenses for CONTRACTOR(s) and/or subcontractors: (1) Names, dates,work locations, time periods at work locations, itemization of and receipts for subsistence expenses of each employee, limited, however,travel is limited to the maximum amounts authorized by the U.S. General Services Administration, as amended or superseded. Receipts required for lodging; (2) Copies of invoices or receipts for transportation costs or, if mileage costs, names, dates, and points of travel of individuals;and (3) All other reimbursable travel expenses i.e., invoices or purchase vouchers showing reason for expense with receipts to evidence the amount incurred. 7. CONTRACTOR has budget flexibility within task and expense budget categories to the extent that the resulting change in amount, in any one task or expense category, does not exceed ten (10%) percent of the total authorized amount by this CONTRACT. Larger deviations require approval by the EXECUTIVE ADMINISTRATOR or designee and FEMA (as per 2 CFR Part 200,the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments) which will be documented through an Approved Budget Memorandum to the TWDB contract file. CONTRACTOR will be required to provide written explanation for the overage and reallocation of the task and expense amount. For all reimbursement requests, including any subcontractor's expenses, the EXECUTIVE ADMINISTRATOR must have determined that the REQUIRED INTERLOCAL AGREEMENT(S) and contracts or agreements between CONTRACTOR and the subcontractors are consistent with the terms of this CONTRACT. CONTRACTOR is fully responsible for paying all charges by subcontractors prior to reimbursement by TWDB. TWDB Contract No. 1700012478 Section II,Page 14 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 8. CONTRACTOR and its subcontractors must maintain timely,true, and accurate financial accounting documents and records, including copies of invoices and receipts, and must make them available for examination and audit by the EXECUTIVE ADMINISTRATOR.Accounting by CONTRACTOR and its subcontractors must be in a manner consistent with Generally Accepted Accounting Principles (GAAP). 9. If CONTRACTOR chooses and is authorized by TWDB for the advance method for distribution of grant funds under Article I, Item 21 and submits a Request for Advance Checklist to the EXECUTIVE ADMINISTRATOR, TWDB will advance to CONTRACTOR a percentage of the amount shown in EXHIBIT D not to exceed the amount of the TOTAL PROJECT COST. 10. When CONTRACTOR has incurred expenses sufficient to reconcile the advance received, CONTRACTOR must submit a Request for Advance to the EXECUTIVE ADMINISTRATOR before receiving another advance of the FEDERAL SHARE OFTHE TOTAL PROJECT COST. CONTRACTOR must attach the most recent written performance report described in Article IX, Item 1 of this Section and the documentation listed in Item 10 below to the Request for Advance Checklist.Any expenses incurred by CONTRACTOR exceeding the amount of the previous advance will be reimbursed based on the percentage of the FEDERAL SHARE OF THE TOTAL PROJECT COSTS of this CONTRACT. 11. Within 30 days of the EXECUTIVE ADMINISTRATOR's final accounting of the amounts expended by CONTRACTOR and the amounts advanced by TWDB to CONTRACTOR, CONTRACTOR must refund to TWDB any advances not used for expenses approved by the EXECUTIVE ADMINISTRATOR. If the amounts expended by CONTRACTOR exceed the amounts advanced by TWDB, the EXECUTIVE ADMINISTRATOR will provide such differences to CONTRACTOR, if not in excess of the FEDERAL SHARE OF THE TOTAL PROJECT COST. 12. Reimbursement Requests that lack required documentation will be denied or short paid if deficiencies are not resolved within 10 business days. Denied Reimbursement Requests or eligible expenses that were short paid must be resubmitted by CONTRACTOR with the required documentation within 30 days or prior to next reimbursement request(whichever sooner) to be reconsidered for reimbursement. 13. If for some reason a reimbursement request cannot be processed due to the need for an amendment to the CONTRACT, CONTRACTOR will be required to resubmit the Payment Request Checklist dated after the execution of the amendment. TWDB Contract No. 1700012478 Section II,Page 15 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 14. CONTRACTOR is responsible for any food or entertainment expenses incurred by its own organization or that of its subcontractors, outside that of the travel expenses authorized and approved by the State of Texas under this CONTRACT. 15. CONTRACTOR is responsible for submitting any final payment request and documentation for reimbursement, along with a request to release any retained funds, no later than 45 days following the PROJECT COMPLETION DATE. Failure to submit a timely final payment request may result in a lapse of funds and unavailability of the remaining funding under this CONTRACT. ARTICLE IX. SUBCONTRACTS 1. Each Subcontract entered into to perform required work under this CONTRACT must contain the following: A. A detailed budget estimate with specific cost details for each task or specific item of work to be performed by the Subcontractor and for each category of reimbursable expenses. B. A clause stating the following: "Subcontractor agrees and acknowledges that it is subject to all applicable requirements of the master contract between the City of Fort Worth and the Texas Water Development Board, TWDB Contract No. 1700012478. Subcontractor adopts by reference the requirements of Article IX of TWDB Contract No. 1700012478 for this Subcontract." 2. All Subcontracts entered into to perform required work under this CONTRACTare also subject to the following requirements: A. The Subcontract is subject to audit by the Texas State Auditor's Office, and Subcontractor must cooperate with any request for information from the Texas State Auditor, as further described in Article VI, Paragraph 1I.; B. Payments under the Subcontract are contingent upon appropriation of funds by the Texas Legislature, as further described in Article VI, Paragraph 1C.; C. Ownership of data, materials and work papers, in any media,that is gathered, compiled, adapted for use, or generated by Subcontractor or CONTRACTOR will become data, materials and work owned by TWDB, and-Subcontractor will have no proprietary rights in such data, materials and work papers, except as further described in Article V; TWDB Contract No. 1700012478 Section II,Page 16 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 D. Subcontractor must keep timely and accurate books and records of accounts according to generally accepted accounting principles, as further described in Article VIII, Paragraph 8; E. Subcontractor is solely responsible for securing all required licenses and permits from local, state and federal governmental entities and solely responsible for obtaining sufficient insurance in accordance with the general standards and practices of the industry or governmental entity;and F. Subcontractor is an independent contractor and TWDB has no liability resulting from any failure of Subcontractor that results in breach of contract, property damage, personal injury or death. ARTICLE X. FINANCIAL REPORTS 1. CONTRACTOR must submit an original TWDB Quarterly Financial Report(TWDB QFR) and Federal Financial Report(FFR, SF-425) to TWDB's Contract Manager within 15 days following the end of each federal quarter of the PROJECT with the exception of the final report,which is due 45 days after the PROJECT COMPLETION DATE. 2. If applicable, CONTRACTOR must submit any other reports specified in EXHIBIT A of this CONTRACT. ARTICLE XI. PERFORMANCE REPORTING 1. Quarterly. CONTRACTOR must submit an original Program Performance Report (SF-PPR) and any supporting documentation to TWDB's Contract Manager within 15 days following the end of each federal quarter in accordance with Section II., Article IV, Paragraph 2. 2. Final Report. CONTRACTOR must submit an original final Program Performance Report(SF-PPR), Federal Financial Report(FFR, SF-425), and any supporting documentation which details all the work performed under the CONTRACT according to the specific close-out requirements according to Section II.,Article IV, Paragraph 2.The reports must be submitted to TWDB's Contract Manager within 45 days following the PROJECT COMPLETION DATE. ARTICLE XII.AMENDMENT,TERMINATION,AND STOP ORDERS 1. Notice. TWDB, CONTRACTOR, or FEMA may terminate grant award agreements by giving written notice at least seven calendar days prior to the effective date of the termination.All notices are to be transmitted via registered or certified mail,return receipt requested. CONTRACTOR's authority to incur new costs will terminate on TWDB Contract No. 1700012478 Section II,Page 17 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 the date of receipt of the notice or the date set forth in the notice.Any costs incurred up to the earlier of the date of the receipt of the notice or the date of termination set forth in the notice will be negotiated for final payment. Closeout of the Grant Agreement will be commenced and processed as prescribed under Section II., Article IV, Item 2. 2. Discontinuation of Work. Upon receiving notice of termination, CONTRACTOR must discontinue work in accordance with the EXECUTIVE ADMINISTRATOR's termination instructions. Further, CONTRACTOR will delay or terminate all applicable orders and subcontracts immediately 3. Unpaid Balances. In the event that this CONTRACT is terminated, TWDB's only liability will be to pay CONTRACTOR the unpaid balance due CONTRACTORfor work actually performed. 4. The EXECUTIVE ADMINISTRATOR may issue a Stop Work Order to CONTRACTOR at any time. Upon receipt of such order, CONTRACTOR must discontinue all work under this CONTRACT and cancel all orders pursuant to this CONTRACT, unless the order directs otherwise. If the EXECUTIVE ADMINISTRATOR does not issue a Restart Order within 60 days after CONTRACTOR receipt of the Stop Work Order, this CONTRACT is terminated in accordance with the foregoing provisions. S. The EXECUTIVE ADMINISTRATOR can extend the PROJECT COMPLETION DATE upon written approval from FEMA. CONTRACTOR must notify the EXECUTIVE ADMINISTRATOR in writing within 90 days prior to the PROJECT COMPLETION DATE if an extension is required. 6. If termination of the CONTRACT occurs, the procedures described in 2 CFR Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, will be followed. TWDB Contract No. 1700012478 Section II,Page 18 of 19 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 ARTICLE XIII. CORRESPONDENCE, REPORTS,AND REIMBURSEMENTS All correspondence, reports, and reimbursements related to this CONTRACT must be made to the following addresses: For TWDB: For CITY OF FORT WORTH: Contract Issues: Contract Issues: Texas Water Development Board Mike Bennett Attention: Contract Administration Project Manager P.O. Box 13231 200 Texas Street Austin, Texas 78711-3231 Fort Worth, Texas 76102 Email: contractsPtwdb.texas.gov Email: Mike.Bennett@fortworthtexas.gov Payment Request Submission: Texas Water Development Board Payment Request Submission: Attention:Accounts Payable Mike Bennett P.O. Box 13231 Project Manager Austin, Texas 78711-3231 200 Texas Street Email: invoicePtwdb.texas.gov Fort Worth, Texas 76102 Email: Mike.Bennett@fortworthtexas.gov Physical Address: Stephen F.Austin State Office Building Physical Address: 1700 N. Congress Avenue 200 Texas Street Austin, Texas 78701 Fort Worth, Texas 76102 IN WITNESS WHEREOF,the PARTIES have caused this CONTRACT to be duly executed. TEXAS WATER DEVELOPMENT BOARD CITY OF FORT WORTH Jeff Walker Jesus Chapa Executive Administrator Assistant City Manager Date: 12/24/2020 Date: 12/24/2020 -.a4nnan a on I a F........ Approved as to form and Legality Attest: a�0o o� ° rAzd&" le C v o ° =d ����°°°°°°°°°°0° *p Christa R. Lopez-Re olds Mary Kayser Q��nexp5��4>' Sr.Assistant City Attorney City Secretary OFFICIAL RECORD TWDB Contract No. 1700012478 CITY SECRETARY Section II,Page 19 of 19 FT. WORTH, TX DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 EXHIBIT A FEMA AWARD PACKAGE • Award Cover Letter • Form 76-10A • Article of Agreement • Cost Review • National Environmental Policy Act Requirements • Notice of Funding Opportunity TWDB Contract No.1700012478 EXHIBIT A:FEMA Award Package,Page 1 of 56 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 U.S.Department of Homeland Security FEMA Region 6 800 N.Loop 288 Denton,TX 76209 0�4AR �rF! cJ4 FEMA AND SE May 21, 2020 Jeffrey Walker Executive Administrator Texas Water Development Board P.O. Box 13231 Austin, Texas 78711-3231 Reference Award: EMT-2018-FM-EO02 (7) Dear Mr. Walker: Enclosed is an executed copy of FEMA Form 76-10A reflecting award number EMT-2018-FM- E002 (7). This action serves to award subgrant FMA-PJ-06-TX-2017-008 for the City of Fort Worth. Your PARS Grant Payment Account will be adjusted accordingly. By accepting this award, you assume certain administrative and financial responsibilities including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash on hand. Should you not adhere to these responsibilities, you will be in violation of the terms of this award. If you have any questions regarding this matter, please contact John Washington at (940) 898-5334. Sincerely, David F. 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C� C� 0. ou � o w d O w DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 FY 2017 FLOOD MITIGATION ASSISTANCE PROGRAM GRANT AGREEMENT ARTICLES CFDA# 97.029 RECIPIENT: Texas Water Development Board AGREEMENT NUMBER: EMT-2018-FM-E002 AMENDMENT NUMBER: 7 DESIGNATED AGENCY: Federal Emergency Management Agency (FEMA) PERFORMANCE PERIOD: August 14, 2017 —March 21, 2021 GENERAL INFORMATION: The Flood Mitigation Assistance (FMA) grant program provides funding to States, Territories, Indian Tribal governments and communities to assist in their efforts to reduce or eliminate the risk of repetitive flood damage to buildings and structures insurable under the National Flood Insurance Program (NFIP). ARTICLE L FEMA AUTHORITY The United States of America through the Department of Homeland Security's Federal Emergency Management Agency (FEMA) agrees to grant to the State/Indian Tribal or Territory government, hereinafter referred to as "the Recipient," through its designated agency named above, funds in the amount specified on the obligating document, to support the Flood Mitigation Assistance Grant Program, authorized under Section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c, the"NFIA" or"the Act"), as amended by the National Flood Insurance Reform Act of 1994 (NFIRA), Public Law 103-325, the Bunning- Bereuter-Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264, and by the Biggert-Waters Flood Insurance Reform Act of 2012, Public Law 112-141. The Recipient agrees to abide by the Grant Award terms and conditions as set forth in this document. DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 ARTICLE IL PROJECT DESCRIPTION The Recipient shall perform the work described in the application package and made a part of these Grant Agreement Articles. ARTICLE III. PERIOD OF PERFORMANCE The period of performance shall be August 14. 2017 through March 21. 2021. All costs must be incurred during the period of performance, including pre-award costs. ARTICLE IV. AMOUNT AWARDED This Grant Award is for the administration and completion of an approved Flood Mitigation Assistance project. Funds approved under this Grant Agreement may not be used for other purposes. If costs exceed the amount of FEMA funding approved, then the Recipient shall pay the costs that are in excess of the approved budget. The approved budget for this Grant Award is shown in the Cost Review Section of the grant application. The Recipient shall follow regulations found in Title 2 Code of Federal Regulations (CFR)Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards "Super Circular" [which supersedes 44 CFR Part 13, 2 CFR Part 215, and Office of Management and Budget(OMB) Circulars A-21, A-50, A-87, A-89, A-102, A-110, A-122, and A-133 as of December 26, 2014], Title 2 CFR Part 170, Reporting Subaward and Executive Compensation—Appendix A to Part 170 —Award Term (see ARTICLE VII. TERMS AND CONDITIONS), and the Hazard Mitigation Assistance Guidance to implement this Grant Agreement. ARTICLE V. COST SHARE The cost-share requirement for this award varies by individual structures are noted below. The cost-share for FMA is directed by the Biggert-Waters Flood Insurance Reform Act of 2012: a. The FMA program offers up to 100%Federal cost-share funding for properties that are designated as Severe Repetitive Loss (these properties must be identified as validated on FEMA's FMA Severe Repetitive Loss list)where the Recipient also maintains a FEMA- approved Standard or Enhanced Mitigation Plans or Tribal plan that includes a strategy for mitigating existing and future repetitive loss properties. b. The FMA program offers up to 90%Federal cost-share funding for properties that are designated as Repetitive Loss (these properties must be identified on FEMA's FMA Repetitive Loss list)where the Recipient also maintains a FEMA-approved Standard or Enhanced DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Mitigation Plans or Tribal plan that includes a strategy for mitigating existing and future repetitive loss properties. The FMA program offers up to 75%Federal cost-share funding for all other activities and all other insured properties. ARTICLE VI. FEMA OFFICIALS FEMA officials are as follows: The Project Officer shall be an official at the FEMA Regional Office who will be responsible for the monitoring of the activities as described in the application. The Project Officer is: John Washington The Assistance Officer is the FEMA official who has full authority to negotiate, administer and execute all business matters of the Grant Agreement. The Assistance Officer is: David McCoy, CGMS ARTICLE VIL TERMS AND CONDITIONS The specific terms and conditions of this agreement are as follows: Federal Funding Accountability and Transparency Act: The Federal Funding Accountability and Transparency Act(FFATA) of 2006 (2 CFR Part 170) requires Recipients to report certain information about themselves and their first-tier Subrecipients for each Federal award of$25,000 or more awarded on or after October 1, 2010. (See attached APPENDIX A to Part 170-Award term). ASSURANCE COMPLIANCE: The certifications signed by the Recipient in the application relating to maintenance of a Drug- Free Workplace (44 CFR Part 17, Subpart F) and New Restrictions on Lobbying (44 CFR Part 18) apply to this grant agreement and are incorporated by reference. Prohibition on Using Federal Funds. The Recipient understands and agrees that it cannot use any Federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Compliance with Program Guidance. The Recipient agrees that all use of funds under this Grant Agreement will be in accordance with the Unified Hazard Mitigation Assistance Guidance at the time of the application. BUDGET REVISIONS: The Recipient shall follow prior approval requirements for budget revisions found in 2 CFR Part 200. Transfer of funds between total direct cost categories in the approved budget shall receive the prior approval of FEMA when such cumulative transfers among those direct cost categories exceed ten percent of the total budget. If a Recipient estimates that it will have obligated funds remaining after the end of the performance period, the Recipient must report this to the FEMA Regional Office at the earliest possible time and ask for disposition instructions. Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, Recipients will be notified of the changes in writing. Once notification has been made, any subsequent drawdown of additional funds will indicate the Recipient's acceptance of the changes to the award. CLOSEOUT: Reports Submission: Per 2 CFR Part 200, when the appropriate grant award performance period expires, the Recipient shall submit the following documents within 90 days: (1) a final Financial Report; (2)final Program Performance Report; (3) an inventory of equipment purchased under each grant's funds; (4) an inventory of Federally-owned property; and (5) other required documents specified by program regulation. Report Acceptance: FEMA shall review the Recipient reports, perform the necessary financial reconciliation, negotiate necessary adjustments between the Recipient and FEMA's records, and close out the grant in writing. Record Retention: Records shall be retained for 3 years (except in certain rare circumstances) from the date the final Federal Financial Report is submitted to FEMA in compliance with 2 CFR Part 200. CONSTRUCTION PROJECT REQUIREMENTS: 1. Acceptance of Federal funding requires FEMA, the Recipient and any Subrecipients to comply with all Federal, state and local laws prior to the start of any construction activity. Failure to obtain all appropriate Federal, state and local environmental permits and clearances may jeopardize Federal funding. DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 2. Any change to the approved scope of work will require re-evaluation by FEMA for Recipient and Subrecipient compliance with the National Environmental Policy Act and other laws and Executive Orders. 3. If ground disturbing activities occur during construction, the Recipient and any Subrecipients must ensure monitoring of ground disturbance and, if any potential archeological resources are discovered, the Subrecipient will immediately cease construction in that area and notify the Recipient and FEMA. COPYRIGHT: The Recipient is free to copyright any original work developed in the course of or under this Grant Agreement. FEMA reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use the work for Government purposes. Any publication resulting from work performed under this agreement shall include an acknowledgement of FEMA financial support and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA views. COST SHARE: The Recipient shall follow cost-sharing requirements mandated by program guidance, statute or regulation and in compliance with 2 CFR Part 200. Cost-share funding shall be available with the approval of each grant. Period of Performance extensions shall not be approved for delays caused by lack of cost-share funding. ENFORCEMENT: FEMA enforcement remedies shall be processed as specified in 2 CFR Part 200, Enforcement when the Terms and Conditions of this Grant Agreement are not met. EQUIPMENT/SUPPLIES: The Recipient must comply with the regulations listed in 2 CFR Part 200 and must be in compliance with state laws and procedures. FUNDS TRANSFER: No transfer of funds to agencies other than those identified in the approved Grant Agreement shall be made without prior approval of FEMA. INSURANCE: In compliance with Public Law 103-325, Title V National Flood Insurance Reform Act of 1973, section 582 requires that any person receiving Federal assistance for the repair, replacement, or restoration for damage to any personal or residential property at any time must maintain flood insurance if the property is located in a Special Flood Hazard Area. PAYMENT: Recipient shall be paid using the FEMA Payment and Reporting System (PARS), provided Recipient maintains and complies with procedures for minimizing the time between transfer of funds from the US Treasury and disbursement by the Recipient and Subrecipients. The Recipient commits itself to: 1)initiating cash drawdowns only when actually needed for its disbursement; 2)timely financial reporting per FEMA requirements, using the SF-425; and 3)imposing the same standards of timing and amount upon any Subrecipient. DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Subrecipients must comply with the same payment requirement as the Recipient and must comply with the requirements specified in the Recipient's subaward Agreement. DUPLICATION OF PROGRAMS: FEMA will not provide assistance under its programs for activities that FEMA determines another Federal program has a more specific or primary authority to provide. FEMA also will not provide assistance for the applicant or subapplicant's legal obligations. FEMA may disallow or recoup amounts that duplicate funding from other authorities. DUPLICATION OF BENEFITS: Hazard Mitigation Assistance (HMA)funds cannot duplicate or be duplicated by funds received by or available to Applicants, subapplicants, or project or planning participants from other sources for the same purpose, such as benefits received from insurance claims, other assistance programs (including previous project or planning grants and subawards from HMA programs), legal awards, or other benefits associated with properties or damage that are or could be subject of litigation. Because the availability of other sources of mitigation grant or loan assistance is subject to available information and the means of each individual applicant, HMA does not require proof that other assistance (not including insurance) has been sought. However, it is the responsibility of the property owner to report other benefits received, any applications for other assistance, the availability of insurance proceeds, or the potential for other compensation, such as from pending legal claims for damages, relating to the property. Amounts of other grants, loans or other assistance designated for the same purpose as HMA funds, if received, may be used to reduce the non-Federal cost-share. Where the property owner has an insurance policy covering any loss to the property which relates to the proposed HMA project, the means are available for receiving compensation for a loss or, in the case of increased cost of compliance (ICC), assistance toward a mitigation project. FEMA will generally require that the property owner file a claim prior to the receipt of HMA funds. NON DISCRIMINATION: The program must be administered in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, or economic status. The program complies with Title VI of the 1964 Civil Rights Act and other applicable laws. All applicants/Recipients must comply with Title VI, including State and local governments distributing Federal assistance. Applicants/Recipients and Sub applicants/Subrecipients will ensure that no discrimination is practiced. Applicants must consider fairness, equity, and equal access when prioritizing and selecting project subapplications to submit with their application. Subapplicants and Subrecipients must ensure fairness, equity and equal access when consulting and making offers of mitigation to property owners that benefit from mitigation activities. CHANGES IN SCOPE OF WORK: Requests for changes to the scope of work(SOW) after award are permissible as long as they do not change the nature or total project cost of the activity, properties identified in the DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 subapplication, the feasibility and effectiveness of the project, or the benefit cost ratio. Requests must be supported by adequate justification from the applicant in order to be processed. The justification is a description of the proposed change, a written explanation of the reason or reasons for the change; an outline of remaining funds available to support the change; and a full description of the work necessary to complete the activity. All approvals will be at FEMA's discretion, and there is no guarantee that SOW changes will be approved. PERFORMANCE PERIODS: All grant award activities, including all projects and/or activities approved under each subaward, shall be completed within the time period prescribed and authorized on the obligating documents. All costs must be incurred within the approved performance period. EXTENSIONS: Requests for time extensions to the Period of Performance will be considered but will not be granted automatically and must be supported by adequate justification submitted to the Regional Office in order to be processed. This justification is a written explanation of the reason or reasons for the delay; an outline of remaining funds available to support the extended Period of Performance; and a description of performance measures necessary to complete the activity. Without justification, extensions requests will not be processed. Financial and Performance reports must be current in order for a time extension to be considered. RECOUPMENT OF FUNDS: FEMA will recoup mitigation planning grant funds for grants that do not meet the deliverable criteria of an adopted, FEMA-approved mitigation plan by the end of the performance period. RECOVERY OF FUNDS: The Recipient will process the recovery of assistance paid to Subrecipients processed through error, misrepresentation, or fraud or if funds are spent inappropriately. Recovered funds shall be submitted to FEMA as soon as the funds are collected, but no later than 90 days from the expiration date of the appropriate grant award agreement. All fraud identifications will be reported to the FEMA Inspector General's office. The Recipient agrees to cooperate with investigation conducted by the FEMA Inspector General's office. REFUND,REBATE, CREDITS: The Recipient shall transfer to FEMA the appropriate share, based on the Federal support percentage, of any refund, rebate, credit or other amounts arising from the performance of this agreement, along with accrued interest, if any. The Recipient shall take necessary action to effect prompt collection of all monies due or which may become due and to cooperate with FEMA in any claim or suit in connection with amounts due. REPORTS: Federal Financial Reports SF-425): The Recipient shall submit the Federal Financial Report (FFR, SF-425) within 30 days of the end of the first Federal quarter following the initial Grant Agreement. The Recipient shall submit quarterly FFRs thereafter until the grant ends. Reports are due on January 30, April 30, July 30, DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 and October 30. A report must be submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Future awards and fund drawdowns may be withheld if these reports are delinquent. Program Performance Reports SF-PPR): The Recipient shall submit the Program Performance Reports (SF-PPR)within 30 days of the end of each quarter. The Regional Administrator may waive the initial report. The Recipient shall submit quarterly PPRs thereafter until the grant ends. Reports are due on January 30, April 30, July 30, and October 30. PPRs shall report the name, completion status, expenditure, and payment-to-date of each approved activity/subaward award under the Grant Award. Final Reports: The Recipient shall submit a final FFR and PPR 90 days after the end date of the performance period. TERMINATION: The Recipient, Subrecipient, or FEMA may terminate grant award agreements by giving written notice to the other party at least seven (7) calendar days prior to the effective date of the termination. All notices are to be transmitted via registered or certified mail, return receipt requested. The Recipient's authority to incur new costs will be terminated upon the date of receipt of the notice or the date set forth in the notice. Any costs incurred up to the earlier of the date of the receipt of the notice or the date of termination set forth in the notice will be negotiated for final payment. Close out of the Grant Agreement will be commenced and processed as prescribed under Article VII. 3. ARTICLE VIIL GOVERNING PROVISIONS The Recipient and any Subrecipients shall comply with all applicable laws and regulations. A non-exclusive list of laws and regulations commonly applicable to FEMA grants is attached hereto for reference only. The Recipient and any Subrecipients shall also be bound by the Unified Hazard Mitigation Assistance Guidance document. Commonly Applicable Statutes and Regulations Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities Section 1366 (42 USC 4104c), of the National Flood Insurance Act of 1968 (42 U.S.C. § 4104c. —the "NFIA" or"the Act"), as amended by the National Flood Insurance Reform Act of 1994 (NFIRA), Public Law 103-325, the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264, and Biggert-Waters Flood Insurance Reform Act, Public Law 112-141. Title 44 of the Code of Federal Regulations (CFR) DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 44 CFR Part 79-Flood Mitigation Grants 44 CFR Part 80-Property Acquisition and Relocation for Open Space 44 CFR Part 9-Floodplain Management and Protection of Wetlands 44 CFR Part 10-Environmental Considerations 2 CFR Part 200-Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards "Super Circular" 31 CFR Part 205-Rules and Procedures for Efficient Federal-State Funds Transfers 2 CFR Part 170, Reporting Subaward and Executive Compensation—Appendix A to Part 170 —Award Term (attached) 48 CFR Part 31.2 (Federal Acquisition Regulation) DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 DEPARTMENT OF HOMELAND SECURITY (DHS) STANDARD TERMS AND CONDITIONS 2017 The FY 2017 DHS Standard Terms and Conditions apply to all new Federal financial assistance awards funded in FY 2017. The terms and conditions of DHS financial assistance awards flow down to subrecipients, unless a particular award term or condition specifically indicates otherwise. Assurances. Administrative Reauirements. Cost Principles, and Audit Reauirements DHS financial assistance recipients must complete either the 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 may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the financial assistance office if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F.R. Part 200, and adopted by DHS at 2 C.F.R. Part 3002. DHS Specific Acknowledaements and Assurances All recipients,subrecipients,successors,transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely,complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcla_hg.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop#0190 Washington, D.C.20528. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency),sex,age, disability, DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS financial assistance office and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Acknowledgment of Federal Funding from All recipients must acknowledge their use of federal funding when DHS issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975(Title 42 U.S. Code, 6101 et seg.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles I, II, and I II of the Americans with Disabilities Act,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. (42 U.S.C. §§ 12101—12213). ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Best Practices for Collection and Use DHS defines personally identifiable information (PII) as any of Personally Identifiable information that permits the identity of an individual to be directly or Information (PII) indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. Civil Rights Act of 1964—Title VI All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seg.),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 and 44 C.F.R. Part 7. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Civil Rights Act of 1968 All recipients must comply with Title VI II of the Civil Rights Act of 1968, 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 (42U.S.C. 3601 et seg.), as implemented by the 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. § 100.201). ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an acknowledgement of Government sponsorship (including award number)to any work first produced under Federal financial assistance awards. Debarment and Suspension All recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Drug-Free Workplace Regulations All recipients must comply with the Drug-Free Workplace Act of 1988(41 U.S.C. §701 et seg.), which requires all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. DHS has adopted the Act's implementing regulations at 2 C.F.R Part 3001. An cost allocable to a articular Federal award provided for in 2 Duplication of Benefits Y p p — C.F.R. Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards,or for other reasons. However, this prohibition would not preclude a recipient form shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. Education Amendments of 1972(Equal All recipients must comply with the requirements of Title IX of the p pY q Opportunity in Education Act)—Title IX Education Amendments of 1972 (20 U.S.C. 1681 et seg.),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 program or activity receiving Federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. 6201 which contain policies relating to energy efficiency that are defined in the', state energy conservation plan issued in compliance with thisAct. DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... False Claims Act and Program Fraud Civil All recipients must comply with the requirements of 31 U.S.C. 3729- Remedies 3733 which prohibits 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. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 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. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Federal Leadership on Reducing Text All recipients are encouraged to adopt and enforce policies that ban text; Messaging while Driving messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. Fly America Act of 1974 41102)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. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. 2225a, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. §2225. ..............................................................................................................................................................................................................:.......................................................................................................................................................................................................................................................................................................................... All recipients must comply with the Title VI of the Civil Rights Act of 1964(Title VI) prohibition against discrimination on the basis of Limited English Proficiency(Civil Rights national origin, which requires that recipients of federal financial Act of 1964,Title VI) 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 hftp://www.lep.gov. Lobbying Prohibitions All recipients must comply with 31 U.S.C. 1352 which provides Y g p pY that none of the funds provided under an 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 concerning the award or renewal. DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... National Environmental Policy Act All recipients must comply with the requirements of the National Environmental Policy Act(NEPA) and the Council on Environmental Quality(CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires 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. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Nondiscrimination in Matters Pertaining It is DHS policy to ensure the equal treatment of faith-based to Faith-Based Organizations 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. All 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. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Non-supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-Federal sources. Notice of Funding Opportunity All of the instructions, guidance, limitations, and other conditions Requirements set forth in the Notice of Funding Opportunity (NOFO)for this program are incorporated here by reference in the terms and conditions of your award. All recipients must comply with any such requirements set forth in the program NOFO. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bavh- Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. §401.14. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Procurement of Recovered Materials All recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and RecovervAct. 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. Reporting Subawards and All recipients are required to comply with the requirements set forth Executive Compensation in the government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the terms and conditions of your award. ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... SAFECOM All recipients who receive 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. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Terrorist Financing All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws. Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended (22 U.S.C. §7104). The award term is located at 2 CFR§ 175.15, the full text of which is incorporated here by reference in the terms and conditions of your award. Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended,which provides that no otherwise qualified handicapped individual 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. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Reporting of Matters Related to Recipient If the total value of your currently active grants, cooperative Integrity and Performance agreements, and procurement contracts from all Federal assistance office exceeds$10,000,000 for any period of time during the period of performance of this Federal award, you 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 here by reference in the terms and conditions of your award. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Universal Identifier and System All recipients are required to comply with the requirements set forth of Award Management(SAM) in the government-wide 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 here by reference in the terms and conditions of your award. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(USA PATRIOT Act), which amends 18 U.S.C. �� 175-175c. Use of DHS Seal, Logo and Flags All recipients must obtain permission from their financial assistance office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Whistleb/owerProtection Act All recipients must comply with the statutory requirements for whistleblower protections(if applicable) at 10 U.S.0§2409, 41 U.S.C. 4712, and 10 U.S.C. §2324, 41 U.S.C. §§4304 and 4310. DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Appendix A to Part 170—Award term I. Reporting Subawards and Executive Compensation. a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federalfunds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. ii. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completedfiscal year, if— i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received— A. 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and B. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the publichas access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at http://www.ccr.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completedfiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received— A. 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and B. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the publichas access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR Part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; V. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward. i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Sec. .210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above-market earnings on deferred compensation which is not tax- qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. P.Grnntc -Flnnd Mitigatinn Accictance I C',nct Review Grants Page 1 of 1 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 `. eGrants: Flood Mitigation Assistance Version:5.23.00.00 02/13/2020 10:08 AM Server:PROD Skip Navigation Error Log Home eGrants Home Logout myGrants Pre-Award Eligibility Awards Quarterly Reports Reports Search mvRoles Cost Review (Grants) FMA-PJ-06-TX-2017-008(0): City of Fort Worth Central Arlington Heights ® Grant Application Property Acquisition-FMA[EMT-2018-FM-E002(7)] ® Subgrant Application OMB Circular A-87 Complete all applicable fields(Eligible, Unit Quantity,and Unit Cost)in order to obtain the Total Cost Revision History Acquisition of Private Real Property(Structures and Land)-Riverine Workflow Diagram Unit of Cost Type Item Name Office Eligible Unit Quantity Measure Unit Cost Total Cost Applicant N/A 1 EA $205,000.00 $205,000.00 Land, Property 1 $F05000.00 Structures, Acquisition U a $ Right-of- -2209 way Western Grants �/ ######## EA �###(e g 2050nn nn (e.g., 10.25, 10.00, 512.35, 100.5, 1000) 11250.75) Applicant N/A 1 EA $345,000.00 $345,000.00 Land, Property I' $345000.00 Structures, Acquisition e e Right-of- -2217 Grants EA way Western ######.## ########.###(e.g., 345000.00 (e.g., 10.25, 10.00, 512.35, 100.5, 1000) 11250.75) Proposed Total Cost(A): $550,000.00 *Total Eligible Cost(D): $550,000.00 LJ Proposed Federal Share%(B): 93.72727273% *Total Ineligible Cost(E=A-D): $0.00 Proposed Federal Share(C=A* $515,500.00 *Eligible Federal Share(F=D* $515,500.00 B): B): Proposed Non Federal Share(A $34,500.00 *Eligible Non-Federal Share(G $34,500.00 C): =D-F): *Calculated based on the Eligible Cost(Grants) numbers. Back Save Revise Data Warehouse I Privacy Policy I Accessibility I Contact Us I Home I eGrants Home I Logout I Download Plugins https:Hsso.fema.net/eGrants/eGrantsMainServlet?actionType=SAVE AWARD_COST_R... 5/12/2020 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 05/01/2020 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 15:07:46 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project FMA-PJ-06-TX-2017-008(0) Title:City of Fort Worth Central Arlington Heights Property Acquisition-FMA NEPA DETERMINATION Non Compliant Flag: No EA Draft Date: EA Final Date: EA Public Notice Date: EA Fonsi Level:CATEX EIS Notice of Intent EIS ROD Date: Comment The City of Fort Worth(Tarrant County)proposes to acquire and demolish two flood-prone buildings located at 2217 Western Ave(32.73798;-97.38615)and 2209 Western Ave(32.73825;-97.38615). The properties will be deed restricted to be used as open space in perpetuity. This project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01;CATEX(N3).Particular attention should be given to the project conditions before and during project implementation.Failure to comply with these conditions may jeopardize federal assistance including funding. dcook125-04/30/2020 17:18:36 GMT CATEX CATEGORIES Catex Category Code Description Selected 'n3 ('n3)Federal Assistance for Property Acquisition and Demolition.Federal Yes assistance for the acquisition of properties and the associated demolition and removal when the acquisition is from a willing seller,the assistance is solely for the purposes of financial compensation for the acquisition,and the land is deed restricted to open space,recreational,wildlife habitat,or wetland uses in perpetuity.The CATEX does not apply to subsurface uses of acquired properties,or acquired properties with encumbrances or easements authorizing current or future subsurface uses that are not allowable and compatible with open space.This CATEX covers actions associated with the determination of program eligibility.This CATEX does not cover Federal assistance actions that involve acquisition for the purpose of construction or development at a site in the acquired property.The use of eminent domain is explicitly excluded from the CATEX. EXTRAORDINARY Extraordinary Circumstance Code Description Selected? No Extraordinary Circumstances were selected ENVIRONMENTAL LAW/EXECUTIVE ORDER Environmental Law/ Executive Order Status Description Comment Clean Air Act(CAA) Completed Project will not result in permanent air emissions-Review concluded Coastal Barrier Resources Act Completed Project is not on or connected to CBRA Unit (CBRA) or otherwise protected area-Review concluded NOTE:All times are GMT using a 24-hour clock. Page 1 of 4 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 05/01/2020 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 15:07:46 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project FMA-PJ-06-TX-2017-008(0) Title:City of Fort Worth Central Arlington Heights Property Acquisition-FMA Environmental Law/ Executive Order Status Description Comment Clean Water Act(CWA) Completed Project would not affect any water of the U.S. -Review concluded Coastal Zone Management Act Completed Project is not located in a coastal zone area (CZMA) and does not affect a coastal zone area- Review concluded Executive Order 11988- Completed No effect on floodplain/flood levels and Per Flood Insurance Rate Map(FIRM)panel Floodplains project outside floodplain-Review concluded 48439CO285L,dated 03/21/2019,the project is located outside the 100-year floodplain,special flood hazard area and the activity does not adversely affect floodplain values.-dcook125- 04/30/2020 17:21:03 GMT Executive Order 11990- Completed No effects on wetlands and project outside A review of the National Wetland Inventory Wetlands wetlands-Review concluded (NWI)online mapper,accessed on 4/30/2020 for the site indicates that the area is not located within nor does it affect a designated wetland.- dcook125-04/30/2020 17:21:27 GMT Executive Order 12898- Completed Low income or minority population in or near Environmental Justice for Low project area Income and Minority Populations Completed No disproportionately high and adverse impact on low income or minority population- Review concluded Endangered Species Act(ESA) Completed Listed species and/or designated critical habitat present in areas affected directly or indirectly by the federal action Completed No effect to species or designated critical habitat(See comments for justification)- Review concluded Farmland Protection Policy Act Completed Project does not affect designated prime or (FPPA) unique farmland-Review concluded Fish and Wildlife Coordination Completed Project does not affect,control,or modify a Act(FWCA) waterway/body of water-Review concluded Migratory Bird Treaty Act(MBTA) Completed Project located within a flyway zone Completed Project does not have potential to take migratory birds-Review concluded NOTE:All times are GMT using a 24-hour clock. Page 2 of 4 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 05/01/2020 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 15:07:46 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project FMA-PJ-06-TX-2017-008(0) Title:City of Fort Worth Central Arlington Heights Property Acquisition-FMA Environmental Law/ Executive Order Status Description Comment Magnuson-Stevens Fishery Completed Project not located in or near Essential Fish Conservation and Management Habitat-Review concluded Act(MSA) National Historic Preservation Act Completed Standard Section 106 review A review of the scope of work was conducted in (NHPA) accordance with FEMA�,s Programmatic Agreement dated September 11,2014(PA).Two (2)properties are contributing elements to National Register of Historic Places(NRHP) listed Historic Districts. In accordance with Stipulation II.C.5 of the PA and 36 CFR§800.5, FEMA,in consultation with the Texas Historical Commission(THC),determined the Undertaking will adversely affect historic properties as currently proposed.FEMA consulted to avoid, minimize,and mitigate the adverse effects of this Undertaking in accordance with Stipulation II.C.6(a)of the PA and resolved the adverse effect through an Abbreviated Consultation Process(ACP).The ACP for this undertaking was executed on April 29,2020.To remain in compliance with Section 106,the City of Forth Worth must comply with the treatment measures as specified in the ACP.The scope of work has been reviewed and FEMA has determined that the project will not require Tribal Consultation.- rscoggin-05/01/2020 14:38:23 GMT Completed Building or structure 50 years or older or listed on the National Register in the project area and activity not exempt from review Completed Determination of Historic Properties Affected (FEMA finding/SHPO/THPO concurrence attached) Completed Adverse Effect Determination(FEMA finding/SHPO/THPO concurrence attached) Completed Resolution of Adverse Effect completed. (MOA attached)-Review concluded Completed Project affects only previously disturbed ground-Review concluded Resource Conservation and Completed Review concluded Recovery Act,aka Solid Waste Disposal Act(RCRA) NOTE:All times are GMT using a 24-hour clock. Page 3 of 4 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 05/01/2020 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 15:07:46 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project FMA-PJ-06-TX-2017-008(0) Title:City of Fort Worth Central Arlington Heights Property Acquisition-FMA Environmental Law/ Executive Order Status Description Comment Wild and Scenic Rivers Act Completed Project is not along and does not affect Wild (WSR) and Scenic River-Review concluded CONDITIONS Special Conditions required on implementation of Projects: The City of Fort Worth must comply with the terms and conditions of the Abbreviated Consultation Process letter dated April 29,2020, including pre-demolition and post-demolition requirements. Failure to comply with these stipulations may jeopardize receipt of Federal Funding. The demolition of the 2 buildings shall be conducted after Stipulation I(Photo-documentation)of the Abbreviated Consultation Process letter has been completed.Stipulation III requires a design review of proposed use plans for the 2 properties be submitted to and reviewed/approved by FEMA and SHPO.Any change to the approved scope of work will require reevaluation under Section 106 of the National Historic Preservation Act. Source of condition: National Historic Preservation Act(NHPA) Monitoring Required: No Unusable equipment,debris and material shall be disposed of in an approved manner and location. In the event significant items(or evidence thereof)are discovered during implementation of the project,applicant shall handle,manage,and dispose of petroleum products,hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local,state and federal agencies. Source of condition: Resource Conservation and Recovery Act,aka Solid Waste Monitoring Required: No Disposal Act(RCRA) Standard Conditions: Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address all federal,state and local requirements.Acceptance of federal funding requires recipient to comply with all federal,state and local laws. Failure to obtain all appropriate federal,state and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction,applicant will monitor ground disturbance and if any potential archeological resources are discovered,will immediately cease construction in that area and notify the State and FEMA. NOTE:All times are GMT using a 24-hour clock. Page 4 of 4 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 The Department of Homeland Security Notice of Funding Opportunity FY 2017 Flood Mitigation Assistance NOTE: If you are going to apply for this funding opportunity and have od obtained a Data Universal Numbering System (DUNS) number and/or are not currently registered in the System for Award Management (SAM), please take immediate action to obtain a DUNS Number, if applicable, and then to register immediately in SAM. It may take 4 weeks or more after you submit your SAM registration before your registration is active in SAM, then an additional 24 hours for Grants.gov to recognize your information. Information on obtaining a DUNS number and registering in SAM is available from Grants.gov at: http://www.grants,goy/web/grants/register.html Detailed information regarding DUNS and SAM is also provided in Section D of this Notice of Funding Opportunity (NOFO), subsection, Content and Form of Application Submission. A. Program Descri tp ion Issued By U.S. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA), Federal Insurance and Mitigation Administration, Hazard Mitigation Assistance Division Catalog of Federal Domestic Assistance (CFDA)Number 97.029 CFDA Title Flood Mitigation Assistance Notice of Funding Opportunity Title FY 2017 Flood Mitigation Assistance NOFO Number DHS-17-MT-029-00-99 Authorizing Authority for Program Section 1366 of The National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448) (42 U.S.C. § 4104c) Appropriation Authority for Program Consolidated Appropriations Act, 2017 (Pub. L. No. 115-31) Program Type Continuation Page 1 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Program Overview, Objectives, and Priorities The Flood Mitigation Assistance (FMA)Program makes available Federal funds to State, Local and Tribal Governments to reduce or eliminate the risk of repetitive flood damage to buildings and structures insured under the National Flood Insurance Program (NFIP). The FMA program strengthens national preparedness and resilience and supports the mitigation mission area in the National Preparedness System and National Preparedness Goal. In FY17, the FMA Program will prioritize proposals that address community flood risk by setting aside $70 million for this purpose. FEMA will seek to fund two types of community flood mitigation activities: • Advance Assistance for flood mitigation design and development of community flood mitigation projects. • Mitigation projects that address community flood risk for the purpose of reducing NFIP flood claim payments. The remaining funding, at least $90,000,000, will be used for FMA technical assistance, mitigation planning, and mitigation projects reducing risk to severe repetitive loss (SRL) and repetitive loss (RL)properties. See Section E: Application Review Information for more information on FYI FMA funding priorities. B. Federal Award Information Award Amounts, Important Dates, and Extensions Available Funding for the NOFO: $160,000,000 Projected number of Awards: 120 Period of Performance: 42 Months The Period of Performance begins with the opening of the application period and ends no later than 36 months from the Funding Selection Date (see section D of this NOFO under Application and Submission Information). An extension to the Period of Performance for this program is allowed. For details on the requirements for requesting an extension to the Period of Performance, please refer to Section H, Additional Information under Extensions. Projected Period of Performance Start Date: 08/14/2017 Projected Period of Performance End Date: 01/30/2021 Funding Instrument Grant Page 2 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 C. Eligibility Information Eligible Applicants States District of Columbia U.S. Territories Federally-recognized Native American Tribal governments Each State, Territory, Commonwealth, or Native American Tribal government shall designate one agency to serve as the Applicant. Local governments, including cities, townships, counties, special district governments, and Native American tribal organizations are considered Subapplicants and must submit subapplications for mitigation planning and projects to their State/Territory/Tribe Applicant agency. Certain political subdivisions (i.e., regional flood control districts or county governments) may apply and act as Subapplicants if they are part of a community that is participating in the NFIP where the political subdivision provides zoning and building code enforcement or planning and community development professional services for that community. Contact information for the State Hazard Mitigation Officers (SHMOs)is provided on the FEMA website: http://www.fema.gov/state-hazard- miti;zation-officers. Eligibility Criteria To be considered for funding, all Applicants must submit their FMA grant application to FEMA via the Mitigation eGrants system (see section D, Application and Submission Information, of this NOFO). All Subapplicants must be participating in the NFIP, and not be withdrawn or suspended, to be eligible to apply for FMA grant funds. Flood insurance must be maintained through completion of the mitigation activity and for the life of the structure. All Applicants and Subapplicants submitting project subapplications must have a FEMA approved Mitigation Plan by the application deadline and at the time of obligation in accordance with Title 44 CFR Part 201. Project applications submitted by Applicants or Subapplicants that do not have an approved and adopted mitigation plan as of the application deadline are ineligible. FEMA may grant an exception to the local or Tribal Mitigation Plan requirements in extraordinary circumstances to allow award of a project if it meets the criteria stated in Part III, E.5.3, Extraordinary Circumstances, of the HMA Guidance (see section F, Federal Award Administration Information, of this NOFO). All mitigation projects submitted as part of a FMA grant application must be consistent with the goals and objectives identified in a)the current, FEMA- approved State or Tribal (Standard or Enhanced) mitigation plan and b) as the local Mitigation Plan for the jurisdiction in which the project is located. Current Page 3 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 mitigation plans are not required for Applicants and Subapplicants submitting planning subapplications to develop a new mitigation plan or to update a mitigation plan. To be eligible to receive community flood mitigation project funding, communities must be in favorable standing with the NFIP. NFIP community status can be verified at: https://www.fema.gov/national-flood-insurance- program-community-status-book. Cost Share or Match Cost share is required under this program. Recipients (see section F for definition) must provide a cost share of 25 percent of eligible activity costs derived from non-Federal sources with FEMA contributing up to a 75 percent Federal cost share. The cost share applies to all projects under this program, including community flood mitigation projects. The non-Federal cost share contribution is calculated based on the total cost of the proposed activity. For example, if the total cost is $400,000 and the non-Federal cost share is 25 percent, then the non-Federal contribution is $100,000: 25 percent of$400,000 is $100,000. FEMA may contribute up to 100 percent Federal cost share for SRL properties. FEMA may contribute up to 90 percent Federal cost share for RL properties. A SRL property is a structure that: (a) Is covered under a contract for flood insurance made available under the NFIP; and (b) Has incurred flood related damage i. For which 4 or more separate claims payments (includes building and contents) have been made under flood insurance coverage with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000, or ii. For which at least 2 separate claims payments (includes only building) have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure. A RL property is a structure covered by a contract for flood insurance made available under the NFIP that: (a) Has incurred flood-related damage on 2 occasions, in which the cost of the repair, on the average, equaled or exceeded 25 percent of the market value of the structure at the time of each such flood event; and Page 4 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 (b) At the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage. To receive an increased Federal cost share, properties must meet one of the definitions for SLR or RL properties. Applicants and Subapplicants that are requesting an increased Federal cost share must submit documentation with their application or subapplication demonstrating that properties meet these definitions. If documentation is not submitted with the application or subapplication to support a reduced non-Federal cost share, FEMA will provide no more than 75 percent Federal share of the total eligible costs. The remaining 25 percent of eligible activity costs are derived from non-Federal sources. Structures with different federal cost share requirements can be submitted in a single project subapplication. The overall project federal cost share documented in the Cost Share section of the project subgrant application in eGrants should reflect the combined federal cost shares of the structures. For example, a project with $100,000 costs for one SRL structure funded at 100 percent federal share plus $100,000 costs for one RL structure funded at 90 percent federal share will have an overall project federal cost share of 95 percent, or$190,000, of the $200,000 total cost for both structures. For insular areas, including American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands, FEMA automatically waives the non-Federal cost share when the non-Federal cost share for the entire grant is under$200,000. If the non-Federal cost share for the entire grant is $200,000 or greater, FEMA may waive all or part of the cost share. If FEMA does not waive the cost share, the insular area must pay the entire non-Federal cost-share amount, not only the amount over $200,000. More detailed information is provided in Part III, C, and Cost Sharing, of the HMA Guidance available at http://www.fema.gov/media- library/assets/documents/103279. D. Annlication and Submission Information Key Dates and Times Date Posted to Grants.gov: 07/10/2017 Application Start Date: 08/14/2017 Application Submission Deadline: 11/14/2017 at 03:00:00 PM [Eastern Time] Anticipated Funding Selection Date: 01/30/2018 Anticipated Award Date: 12/30/2018 Page 5 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 To be considered timely, a FMA grant application must be submitted by the application deadline via the Mitigation eGrants system, and the Applicant must have received a confirmation message in eGrants that indicates successful FMA grant submission to FEMA. It is recommended that Applicants attach approved planning, project and management costs subgrant applications to their FMA grant applications at least 72 hours prior to the application deadline in order to allow time for the Applicant to review and correct issues that may prevent subgrant applications from being attached to a FMA grant application (see the Content and Form of Application Submission subsection below). An Applicant that experiences unforeseen technical issues beyond the Applicant's control that prevents submission of the FMA grant application by the deadline may request approval to submit a late application. To request approval to submit a late application, an Applicant must email the HMA Helpline (see section G, the Additional Information below)within 24 hours after the application deadline. Other Key Dates Event Suggested Deadline For Completion Obtaining Dun and Bradstreet Four weeks before actual Universal Numbering System submission deadline (DUNS)Number Obtaining a valid Employer Four weeks before actual Identification Number(EIN) submission deadline Register with the System for Award Four weeks before actual Management(SAM) submission deadline Register for access to the FEMA Four weeks before actual Grants Portal and request access to submission deadline the Mitigation eGrants system Create a FMA grant application and 72 hours before actual submission attach approved planning, technical deadline assistance, project and management costs subgrant applications in the Mitigation eGrants system Address to Request Application Package The application package is built into the Mitigation eGrants system, OMB#1660- 0072, which all Applicants must use to submit FMA grant applications electronically to FEMA. The Mitigation eGrants system is available through the FEMA Grants Portal on the internet at https:Hportal.fema.gov (see the Content and Form of Application Submission subsection below). FEMA will only process applications received via the Mitigation eGrants system. Mitigation eGrants system Information, training and resources on the Mitigation eGrants system are available on the FEMA website: http://www.fema.;zov/miti ag tion-e rg ants- Page 6 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 system-0 or from the Mitigation eGrants Helpdesk(see section G, DHS Awarding Agency Contact Information of this NOFO). For a hardcopy of the full NOFO, please write or fax a request to: Michael Grimm Assistant Administrator for Mitigation Federal Insurance and Mitigation Administration 400 C Street, SW Washington, DC 20472 FAX: (202) 646-2880 In addition, the following Telephone Device for the Deaf(TDD) and/or Federal Information Relay Service (FIRS) number available for this Notice is: 1-800-462- 7585. Content and Form of Application Submission All Applicants, including States, Tribes and Territories, must submit a FMA grant application to FEMA via the Mitigation eGrants system on the internet: https:Hportal.fema.gov by the application deadline to be considered for FMA funding. The required format for grant and subgrant applications is built into the Mitigation eGrants system, OMB#1660-0072: • Mitigation planning activities must be submitted in a planning subgrant application; • Community flood mitigation advance assistance, community flood mitigation project activities, and SRL or RL property mitigation projects must be submitted in a project subgrant application; • Applicant management costs (for Applicants only) must be submitted in a management costs subgrant application; • Technical Assistance costs (for Applicants that received at least $1 million FMA funds in FY 2016) must be submitted in a technical assistance subgrant application; • FMA grant applications, to include applicant-approved planning, project, management costs, and technical assistance subapplications must be submitted in a FY 2017 FMA grant application. Blank copies of applications that conform to the Mitigation eGrants system format are available for reference only. FEMA will not accept these as an application package. To access these, registered eGrants system users should login to the FEMA portal at https:Hportal.fema.gov and then click the "Blank Applications" link on the eGrants system Homepage. For those without access to the eGrants system, the blank copies of eGrants applications are also available on the FEMA website: https://www.fema.;zov/hazard-miti atg ion-'grant- pro rg am/ rg ant-applicants-blank-applications. Page 7 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Subapplicants should contact their applicant agency for information specific to their state/territory's application process. Contact information for the SHMOs is provided on the following FEMA webpage: http://www.fema.gov/state-hazard- mitigation-officers. Applicants must create a FMA grant application, add approved planning, project, technical assistance and management costs subgrant applications submitted by the Applicant and/or Subapplicants to the FMA grant application, rank the subgrant applications in priority order, and submit the FMA grant application to FEMA via the Mitigation eGrants system by the application deadline (see above). If a Subapplicant does not use the eGrants system to submit planning and project subapplications to the Applicant, then the Applicant must enter the subapplication(s)into the eGrants system on the Subapplicant's behalf. To do this, Applicants must click the "Create new Paper Subgrant" link on the eGrants Homepage in the eGrants system. Applicants must ensure that accurate NFIP policy numbers and repetitive loss numbers are included in the Properties section of project subapplications in eGrants in order to be considered for competitive property flood mitigation project funding (see section E, Review and Selection Process, of this NOFO). Applicants must prioritize and rank their subgrant applications in the Mitigation eGrants system. Applicants may include no more than two community flood mitigation subapplications for competitive consideration: one Advanced Assistance subapplication and one project subapplication that addresses flood risk on a community level. If multiple community flood mitigation subapplications are submitted for Advance Assistance or projects, FEMA will only consider the highest ranked subapplication for competitive consideration (see Section E, Review and Selection Process, of this NOFO for further information). Applicants submitting community flood mitigation advance assistance and project subgrant applications must identify these subgrant applications as such in the subapplication title. For example: "Applicant X FYI FMA—Community Flood Mitigation Project" or"State X FY17 FMA— Community Flood Mitigation Advanced Assistance" (see section E, Review and Selection Process, of this NOFO for further information). Wherever possible, supporting documentation for applications should be attached electronically in the Mitigation eGrants system. Over-sized items that cannot be scanned may be mailed to FEMA as necessary; however, Applicants must provide information regarding the paper attachments and the date mailed to FEMA in the Comments and Attachment section of the application in the eGrants system. Also, the documents must be postmarked by the submission deadline to be considered as part of the application. It is the Applicant's responsibility to follow-up with FEMA to ensure that paper documents were received for consideration during the review process. Page 8 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Applicants who submit FMA grant applications prior to the submission deadline will receive a confirmation message including the assigned application number in the eGrants system (e.g., FMA-09-CA-2017). In addition, once FEMA receives and delegates the FMA grant application to begin the review process, the eGrants system will send an automatic email message to the Point(s) of Contact(POC) identified in the grant application. The Mitigation eGrants system is programmed to not allow submittal of a FMA grant application after the submission deadline. Applicants who attempt to submit a FMA grant application after the deadline will receive an error message. Applicants who experience eGrants system technical issues should contact the Mitigation eGrants Helpdesk by telephone: 1-855-228-3362 or email: MTeGrantsgfema.dhs.gov to report the issue and receive a ticket number. Applicants who experience unforeseen eGrants system technical issues beyond the Applicant's control that prevents submission of the FMA grant application by the deadline may request approval to submit a late application. To request approval to submit a late application, an Applicant must email the HMA Helpline (see section G, DHS Awarding Agency Contact Information of this NOFO) within 24 hours after the application deadline. The email must describe the technical difficulties, include a timeline of submission efforts that occurred prior to the deadline and the Helpdesk ticket number. FEMA will review the request and contact the eGrants helpdesk to verify the reported technical issues before informing the Applicant whether the request to submit a late application has been approved or denied. National Environmental Policy Act Requirements for Mitigation Projects. Applicants and Subapplicants applying for mitigation projects must provide information needed to comply with the National Environmental Policy Act (NEPA) (42 U.S.C. 4321-4370h) and the related Department of Homeland Security (DHS) and FEMA instructions and directives (i.e., DHS Directive 023- 01, DHS Instruction Manual 023-0 1-00 1-0 1, (FEMA Directive 108-1, FEMA Instruction 108-1-1). The required information is included in the project Subgrant application in the eGrants system under the Environmental Information section. Benefit Cost Analysis for Mitigation Projects. Applicants and Subapplicants applying for mitigation projects must provide a benefit cost analysis (BCA) or other documentation that validates cost-effectiveness. BCA is the method of estimating the future benefits of a project compared to its cost. The end result is a benefit-cost ratio (BCR), which is derived from a project's total net benefits divided by its total project cost. The total benefits and costs must be entered in the Cost-Effectiveness section of the project subapplication and a FEMA- approved BCA attached as documentation, as applicable. Planning and management costs subapplications do not require a BCA. FEMA has created software to ensure that the BCR is calculated in accordance with FEMA's standardized methodologies and OMB Circular A-94, Guidelines Page 9 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 and Discount Rates for Benefit-Cost Analysis of Federal Programs, available on the internet at https://www.whitehouse.;zov/omb/information-for- agencies/circulars. FEMA's Benefit Cost Toolkit is available on the FEMA website at www.fema.gov/benefit-cost-analysis. Versions 5.2.1 and Version 5.3 are the only versions FEMA will accept as documentation for demonstrating cost effectiveness. A non-FEMA BCA methodology may only be used if pre- approved by FEMA in writing. More detailed information is available in Part IV, I, Cost Effectiveness of the HMA Guidance available on the FEMA website at: http://www.fema.gov/media-library/assets/documents/103279. Application for Federal Assistance and Assurances and Certifications Forms. Applicants must complete the following forms and attach them to their FMA grant application in the Mitigation eGrants system for submittal by the application deadline: • Application for Federal Assistance (SF-424), OMB#4040-0004; • Budget Information: o Budget Information for Non-construction Programs (SF-424A), OMB #4040-0006, or Budget Information for Construction Programs (SF- 424C), OMB 94040-0008; and • Assurances and Certifications: o Assurances for Non Construction Programs (SF-424B), OMB 94040- 0007, or Assurances for Construction Programs (SF-424D), OMB 94040- 0009; o Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements (FEMA Form 20-16C), OMB 91660-0025; and o Disclosure of Lobbying Activities (SF-LLL), OMB#4040-0013 (if the Applicant has engaged in or intends to engage in lobbying activities). These Standard Forms are available on the Grants.gov website: http://www. rg ants.gov/web/grants/forms/sf-424-family.html. The FEMA Form FF 20-16C, Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements is available from the FEMA library online at https://www.fema.gov/media- library/assets/documents/9754. Applicants may require their Subapplicants to complete and attach the grant application and/or Assurance and Certifications forms to their planning and project subgrant applications in the eGrants system. To turn on/off this requirement in the eGrants system, Applicants can click the "Administration" link on the eGrants Homepage to set their Preferences to enable/disable the forms. Information, training and resources on the Mitigation eGrants system are available on the FEMA website: http://www.fema.gov/miti ag tion-e rg ants- system-0. Subapplicants should contact their Applicant agency for information specific to their state/territory Applicant agency's application process. Contact information Page 10 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 for the SHMOs is provided on the following FEMA webpage: http://www.fema.;zov/state-hazard-miti;zation-officers. Unique Entity Identifier and System for Award Management (SAM) DHS is participating in the Grants.gov initiative that provides the grant community a single site to find grant funding opportunities. Before you can apply for a DHS grant, you must have a DUNS number, be registered in SAM, and be approved as an Authorized Organizational Representative (AOR). Applicants are encouraged to register early. The registration process can take four weeks or more to be completed. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required submission deadlines. DUNS number. Instructions for obtaining a DUNS number can be found at the following website: http://www. rg ants.gov//web/ rag nts/applicants/organization- re;istration/step-l-obtain-duns-number.html. The DUNS number must be included in the data entry field labeled "Organizational DUNS" on the SF-424 family forms submitted as part of this application. System for Award Management. In addition to having a DUNS number, Applicants must register with SAM. Step-by-step instructions for registering with SAM can be found here: http://www. r'g ants.gov/web/ rag nts/applicants/organization-registration/step-2- register-with-sam.html. Authorized Organizational Representative. A key step in the registration process is creating a username and password for the FEMA Grants Portal https:Hportal.fema.gov. Applicants and Subapplicants must register the individual who is able to make legally binding commitments for the Applicant/Sub applicant organization as the AOR in addition to other organizational staff who will assist with creating and managing applications. After registering on the FEMA Grants Portal, Applicants and Subapplicants will need to request access to the Mitigation eGrants system on the FEMA Portal. This is crucial because all applications and subapplications must be submitted via the Mitigation eGrants system on the FEMA Grants Portal. An Access ID is required to request access to the Mitigation eGrants system. Applicants should contact their appropriate FEMA Regional Office, and Subapplicants should contact their Applicant agency to get the appropriate Access ID. Contact information for the FEMA Regional Offices is provided on the FEMA website: https://www.fema.gov/about-agency. Contact information for the SHMOs is provided on the following FEMA webpage: http://www.fema.gov/state-hazard-mitigation-officers. Page 11 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 To read more detailed instructions for creating a profile on the FEMA Portal and registering for eGrants, see the job aid: "Registering for eGrants Accounts" on the FEMA web: https://www.fema.gov/media- library/assets/documents/17425?id=3 865. AOR Authorization. After creating a profile on the FEMA Portal and registering for Mitigation eGrants system access, FEMA Regions review eGrants access requests from Applicants, and Applicants review eGrants access requests from their Subapplicants. Applicants should contact their appropriate FEMA Regional Office, and Subapplicants should contact their Applicant agency regarding the status of their registrations. Contact information for the FEMA Regional Offices is provided on the FEMA website: https://www.fema.gov/about-agency. Contact information for the SHMOs is provided on the following FEMA webpage: http://www.fema.gov/state-hazard- mitigation-officers. Approved users will receive an email from the eGrants system that indicates what system privileges have been authorized. "Sign/Submit" privileges are given to the AOR. Other users may be given "Create/Edit" and/or "View/Print" privileges. Once access is approved, users can login to the Mitigation eGrants system to create and manage their applications online. Only AORs, individual who can make legally binding commitments for the Applicant/Sub applicant organization, who have "Sign/Submit" privileges will be able to submit applications in the Mitigation eGrants system. Applicants and Subapplicants are, therefore, encouraged to register on the FEMA Grants Portal and request access to the Mitigation eGrants system at the time of this announcement to ensure the ability to meet required submission deadlines. After you have been approved for access to the Mitigation eGrants system,you will be able to create applications online. Electronic Signature. Applications submitted through the Mitigation eGrants system constitute electronically signed applications. The registration and account creation for the AOR establishes the AOR for each Applicant/Sub applicant's organization. If you experience difficulties with the eGrants system, please contact the helpdesk by telephone: 1-855-228-3362 or email: MTeGrantsgfema.dhs.gov. The Federal awarding agency may not make a Federal award to an Applicant until the Applicant has complied with all applicable DUNS and SAM requirements. If an Applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the Applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another Applicant. Page 12 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Intergovernmental Review An intergovernmental review may be required. Applicants must contact their State's Single Point of Contact(SPOC)to comply with the State's process under Executive Order 12372 (see http://www.fws.gov/policy/library/rgeol2372.pdf). Name and addresses of the SPOCs are maintained at the Office of Management and Budget's home page at https://www.whitehouse.;zov/omb/ rag nts spoc to ensure currency. Funding Restrictions Federal funds made available through this award may only be used for the purpose set forth in this award and must be consistent with the statutory authority for the award. Award funds may not be used for matching funds for any other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity. Program Funding Restrictions. The maximum Federal share for FMA subapplications is as follows: • $100,000 for community mitigation advanced assistance applications • $10,000,000 for community mitigation project applications • $50,000 for technical assistance for states that received at least $1 million in FMA awards in FY 2016 • $50,000 for state flood hazard mitigation planning • $25,000 for local flood hazard mitigation planning • 10 percent of the grant application budget for applicant management costs for applicants to administer and manage grant and subgrant activities (See the M&A Costs subsection below) • 5 percent of plan and project subapplication budget for subapplicant management costs for subapplicants to manage their plan or project activity (see the Management and Administration (M&A) Costs subsection below) Allowable costs are: • Project design under advance assistance • Planning costs • Training related costs • Domestic travel costs • Construction and renovation costs • Equipment costs Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 CFR Part 200, available on the internet: http://www.ecfr.gov/cam bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl Page 13 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Unallowable costs are: • Exercise related costs • Operational Overtime costs More detailed information is available in Part III, E.1, Eligible Activities, of the HMA Guidance available at http://www.fema.;zov/media- librga/assets/documents/103279. Pre-Award Costs. Pre-award costs directly related to developing the FMA grant application or subapplication incurred after the application period has opened but prior to the date of the grant award are allowed. Such costs may have been incurred prior to application submission, for example, gathering NEPA data or developing a BCA(see section D, Application and Submission Information of this NOFO), preparing design specifications, or conducting workshops or meetings related to development and submission of subapplications. Pre-award costs may be cost shared or Applicants and Subapplicants may identify them as their non-Federal cost share (see Cost Share or Match subsection in Section C, Eligibility Information of this NOFO). Costs associated with implementation of the submitted grant application or subapplication incurred prior to grant award are not allowed. Mitigation activities initiated or completed prior to award are not eligible. Applicants and Subapplicants who are not awarded grants or subgrants (awards/subawards)will not receive reimbursement for the corresponding pre- award costs. More detailed information is provided in the HMA Guidance, Part IV, F.2, Pre-Award Costs, available on the FEMA website: http://www.fema.gov/media-libra!y/assets/documents/103279. Management and Administration (M&A) Costs. Management costs are any indirect costs and administrative expenses that are reasonably incurred in administering an award or sub-award. Applicant and Subapplicant management cost activities directly related to the implementation of the FMA program, such as subapplication development, geocoding mitigation projects, delivery of technical assistance, and managing awards and staff salary costs are eligible for FMA funding in accordance with the HMA Guidance available on the FEMA website: http://www.fema.;zov/media-library/assets/documents/103279. Applicants may apply for Applicant management costs up to 10 percent of the total FMA grant application. Applicant requests for management costs must be submitted in a separate management costs subgrant application in the eGrants system (see the Content and Form of Application Submission subsection). Applicants and Subapplicants may apply for Subapplicant management costs up to 5 percent of the cost of a planning or project subapplication. For applicants, Page 14 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 this is in addition to the 10 percent applicant management costs to manage the overall grant. Subapplication management cost activities must be added to the Scope of Work section and reflected in the Cost Estimate section of planning and project subgrant applications in the Mitigation eGrants system. Management costs are only awarded in conjunction with awarded project or planning subapplications. Applicants and Subapplicants who do not receive awards/subawards for any planning or project subapplications will not receive reimbursement for management costs (see the Review and Selection Process subsection of Section E in this NOFO). Indirect Facilities &Administrative (F&A) Costs. Indirect costs are allowable under this program as described in 2 CFR § 200.414. With the exception of Recipients who have never received a negotiated indirect cost rate as described in 2 CFR § 200.414(f), Recipients must have an approved indirect cost rate agreement with their cognizant Federal agency to charge indirect costs to this award. A copy of the approved rate (a fully executed, agreement negotiated with the Applicant's cognizant federal agency)is required at the time of application and must be provided to FEMA before indirect costs are charged to the award. Other Submission Requirements Environmental Planning and Historic Preservation (EHP) Compliance Applicants and Subapplicants proposing projects that have the potential to impact the environment, including but not limited to modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to adversely impact environmental resources and/or historic properties. E. Annlication Review Information Application Evaluation Criteria Prior to making a Federal award, FEMA is required by 31 U.S.C. 3321 and 41 U.S.C. 2313 to review information available through any OMB-designated repositories of government wide eligibility qualification or financial integrity information. Application evaluation criteria may include the following risk based considerations of the Applicant: (1)financial stability; (2) quality of management systems and ability to meet management standards; (3) history of performance in managing federal award; (4)reports and findings from audits; and (5) ability to effectively implement statutory, regulatory, or other requirements. Review and Selection Process FEMA will review each application to ensure compliance with applicable regulations at 44 C.F.R. Part 79 and the HMA Guidance, including eligibility of Page 15 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 the Applicant and Subapplicant; eligibility of proposed activities and costs; completeness of the subapplication; cost effectiveness and engineering feasibility of mitigation projects; and eligibility and availability of non-Federal cost share. For more detailed information, see the HMA Guidance, Part VI, Application Review Information, available on the FEMA website: http://www.fema.;zov/media-library/assets/documents/103279. FEMA will select subapplications up to the available funding amount of $160,000,000 in the following order. 1. Community Flood Mitigation—Up to $70,000,000 available a. Advanced Assistance. FEMA will select the highest ranked eligible subapplication for Advance Assistance from each Applicant up to $100,000 federal share based on final prioritization score (see table below)for a maximum of$2,000,000. Advanced Assistance can be used to develop mitigation strategies and obtain data to prioritize, select, and develop community flood hazard projects for future funding. FEMA will select subapplications that address flood risk on a community level based on final priority scoring criteria and that benefit communities with high participation and favorable standing in the NFIP. Consideration of Advanced Assistance early in the decision- making process can help facilitate the development of a viable project, as well as project implementation. FY17 community flood mitigation Advanced Assistance projects are not eligible for FYI community flood mitigation Project funding. There is no guarantee for future Hazard Mitigation Assistance project funding if Advanced Assistance is awarded. b. Community Flood Mitigation Projects. FEMA will select the highest ranked eligible community flood mitigation subapplication from each Applicant up to $10,000,000 federal share based on final priority scoring criteria(see table below) and that benefit communities with high participation and favorable standing in the NFIP. Applicants are not required to apply for Advanced Assistance funding to be eligible to receive a project award. Eligible activities include but are not limited: • Infrastructure protective measures • Localized flood control to protect critical facilities Page 16 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 • Floodwater storage and diversion • Floodplain and stream restoration • Water and sanitary sewer system protective measures • Utility protective measures • Stormwater management • Aquifer storage and recovery • Wetland restoration/creation Subapplications submitted for either the community flood mitigation Advance Assistance or project funding will be scored and ranked based on the following priorities: Priority Description Total Points Private Partnership Cost Share Cost share taken on by private organizations/businesses 150 emphasizing community participation,collaboration,and investment.Points will be assigned based on percentage of private cost share invested. Building Code Effectiveness Grading Assesses effectiveness of enforcement and adequacy of building 100 Schedule(BCEGS)rating codes with emphasis on mitigation.Classes weighted based on national class grouping ratings.Highest weight will be assigned to class 1 and descending through lower classes. Community Rating System(CRS) The Community Rating System(CRS)recognizes and 100 Participation encourages community floodplain management activities that exceed the minimum NFIP standards.Depending upon the level of participation,flood insurance premium rates for policyholders can be reduced up to 45%.Highest weight will be assigned to class 1 and descending through lower classes. Cooperating Technical Partners Program Qualified partnership program where communities commit to 100 (CTP)Participation collaborate in maintaining up-to-date flood hazard maps and other flood hazard information.Points are provided to CTP participating communities. International Building Codes(IBC) IBC adoption epitomizes community commitment to responsible 50 Adopted(2009 or newer) building regulations.Points are provided to IBC participating communities with 2009 version or higher adopted. Total Points Available 500* *In the event of a tie between two or more community flood mitigation applications: - FEMA will use the highest Benefit Cost Ratio (BCR) as a tiebreaker for projects;and. - FEMA will use the total number of active policies in the local jurisdiction as a tie breaker for Advance Assistance. After meeting the $70,000,000 available for community flood mitigation or when all eligible community flood mitigation project subapplications have been selected, FEMA will select eligible subapplications for the remaining funds in the following order: 2. Technical Assistance. FEMA will select eligible technical assistance subapplications up to $50,000 Federal share for Applicants who received FMA awards totaling at least $1,000,000 Federal share in FY 2016. Page 17 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 3. Flood Mitigation Planning. FEMA will select eligible planning subapplications up to $100,000 Federal share per Applicant with a maximum of$50,000 Federal share for State mitigation plan updates and $25,000 Federal share for local mitigation plans. FEMA may reduce the Federal share of any planning subapplication that exceeds the regulatory maximums. 4. Competitive funding for property flood mitigation projects. FEMA will select eligible flood mitigation project subapplications on a competitive basis as follows: a. Projects that will mitigate flood damage to at least 50 percent of structures included in the subapplication that meet definition 42 U.S.C. 4104c(h)(3)(B)(ii) of a Severe Repetitive Loss (SRL)property: At least two separate NFIP claim payments have been made with the cumulative amount of such claims exceeding the market value of the insured structure b. Projects that will mitigate flood damage to at least 50 percent of structures included in the subapplication that meet the definition of a Repetitive Loss (RL)property: Have incurred flood-related damage on two occasions, in which the cost of the repair, on the average, equaled or exceeded 25% of the market value of the structure at the time of each such flood event c. Projects that will mitigate flood damage to at least 50 percent of structures included in the subapplication that meet definition 42 U.S.C. 4104c(h)(3)(B)(i) of a SRL property: four or more separate NFIP claims payments have been made with the amount of each claim exceeding $5,000, and with the cumulative amount of claims payments exceeding $20,000 5. FEMA will select remaining eligible applications once all above priorities are met based on benefits to the NFIP. Applicants must ensure that accurate NFIP policy numbers and repetitive loss numbers are included in eGrants for all subapplications in order to be eligible to be selected for the above priorities. For project subapplications in priority categories a through c above, FEMA will prioritize projects as follows: i. The highest percentage of structures included in the subapplication that meet the definition from 100 to 50 percent; Page 18 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 ii. The largest number of structures included in the subapplication that meet the definition; and iii. FEMA-validated Benefit-Cost Ratio (BCR). If a project subapplication includes structures that meet the definition in more than one of the priority categories, then the project will be considered under each of those priority categories, and the structures that meet the definition of each priority category will be counted for that category. • For example, a project with structures that meet the definition in priority category (a) is not selected for priority (a)because less than 50 percent of the structures included in the subapplication meet that definition. However, the project also contains structures that meet the definition in priority category (b). So the project is considered for priority (b), and the percentage of structures included in the subapplication that meet the definition in priority category (b)is used to determine whether it is selected. FEMA may select a subapplication out of priority order based upon one or more of the following factors: • Availability of funding; • Balance/distribution of funds geographically or by type of Applicant; • Duplication of sub applications; • Program priorities and policy factors; and, • Other pertinent information. FEMA will designate the selected planning and project subapplications as Identified for Further Review. Applicants with planning and/or project subapplication(s) that are Identified for Further Review that submitted a management costs subapplication (see Content and Form of Application Submission subsection in section C of this NOFO) are eligible to receive Applicant management costs not to exceed 10 percent of the selected planning and project subapplications. Eligible subapplications that are not Identified for Further Review due to a lack of available funding will be given a status of Not Selected. Planning and project subapplications that do not satisfy the eligibility and completeness requirements will be given a status of Does Not Meet HMA Requirements. At its discretion,FEMA may review a decision regarding a planning or project subapplication that is Not Selected or Does Not Meet HMA Requirements only where there is an indication of substantive technical or procedural error that may have influenced FEMA's decision. There will be no reconsideration regarding the amount of planning subapplications, Applicant management costs or technical Page 19 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 assistance costs. Applicants must send requests for reconsideration based upon technical or procedural error to their FEMA Regional Office within 60 days of the posting of subapplication status (see Anticipated Announcement and Federal Award Dates section in this NOFO). Subapplicants should contact their Applicant agency regarding reconsideration requests, so that the Applicant may submit it to FEMA on their behalf. Contact information for each SHMO is provided at http://www.fema.gov/state-hazard-mitigation-officers. The FEMA Regional Office will review reconsideration requests received from Applicants and submit the regional recommendation to FEMA Headquarters. FEMA Headquarters will make a final determination to overturn or uphold the original decision and send the response to the Applicant. Prior to making an award, FEMA will evaluate a recipient to determine the level of risk when there is a history of failure to comply with general or specific terms and conditions of a Federal award or failure to meet the expected performance goals. If FEMA determines that a Federal award will be made, special conditions that correspond to the degree of risk assessed may be applied to the award, as specified in the HMA Guidance, Part VI, B, which is available on the internet at http://www.fema.gov/media-library/assets/documents/103279. If the anticipated Federal award amount will be greater than the simplified acquisition threshold, currently $150,000 (see 2 CFR § 200.88): i. Prior to making a Federal award with a total amount of Federal share greater than the simplified acquisition threshold, DHS is required to review and consider any information about the Applicant that is in the designated integrity and performance system accessible through SAM(currently FAPIIS). ii. An Applicant, at its option, may review information in the designated integrity and performance systems accessible through SAM and comment on any information about itself that a Federal awarding agency previously entered and is currently in the designated integrity and performance system accessible through SAM. iii. DHS will consider any comments by the Applicant, in addition to the other information in the designated integrity and performance system, in making a judgment about the Applicant's integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by Applicants as described in 2 CFR § 200.205 Federal awarding agency review of risk posed by Applicants. Anticipated Announcement and Federal Award Dates FEMA anticipates announcing the status of applications by the Funding Selection Date of 01/30/2018. Page 20 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 FEMA will post the status of the planning and project subapplications on the FEMA website: http://www.fema.;zov/flood-miti;zation-assistance- rg ant-program and alert FMA webpage subscribers when the results of the review are published. For information on how to sign up for a FEMA webpage subscription, visit https://www.fema.gov/subscribe-receive-free-email-updates. Applicants with planning/project subapplications that are Identified for Further Review will receive notification through the Mitigation eGrants system via an automatic e-mail to the point(s) of contact designated in the Contact Information section of their FMA grant application. Subapplicants should contact their Applicant agency for information. Contact information for each SHMO is provided at http://www.fema.gov/state-hazard-mitigation-officers. F. Federal Award Administration Information Notice of Award FEMA will provide the Federal award package to the Applicant electronically via the Mitigation eGrants system. Award packages include an award letter, Obligating Document for Awards/Amendments, and Articles of Agreement, including EHP review and/or other conditions. An email notification of the award package will be sent through the eGrants system to the Applicant point(s) of contact designated in the FMA grant application. See 2 CFR § 200.210, Information contained in a Federal award: http://www.gpo. og v/fdsys/granule/CFR-2014-title2-voll/CFR-2014-title2-voll- sec200-210. When FEMA obligates funds for a grant to an Applicant, the Applicant and Subapplicant are denoted as Recipient and Subrecipient, respectively. The Recipient and Subrecipient agree to abide by the grant award terms and conditions as set forth in the Articles of Agreement provided in the award package. Recipients must accept all conditions in this NOFO as well as any Special Terms and Conditions. For detailed information, see the HMA Guidance, Part VI, A on the FEMA website: http://www.fema.gov/media- librga/assets/documents/103279. Administrative and National Policy Requirements All successful Applicants for all DHS grant and cooperative agreements are required to comply with DHS Standard Administrative Terms and Conditions, which are available online at: DHS Standard Terms and Conditions. The applicable DHS Standard Administrative Terms and Conditions will be those in effect at the time in which the award was made. The AOR should carefully read the award package for instructions on administering the grant award and the terms and conditions associated with responsibilities under Federal Awards. Recipients must accept all conditions in this NOFO as well as any Special Terms and Conditions in the Notice of Award to receive an award under this program. Page 21 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Mitigation Plan Requirement. All Applicants and Subapplicants must have a FEMA approved Mitigation Plan at the award date (as well as by the application deadline)to receive a project award under this program in accordance with Title 44 CFR Part 201. FEMA may allow Extraordinary Circumstances for communities and Tribes whose plan expired after the application deadline to allow award of the project. More detailed information is provided Part III, E.5.3, Extraordinary Circumstances, of the HMA Guidance available on the internet at http://www.fema.;zov/media-library/assets/documents/103279. Environmental Planning and Historic Preservation (EHP) Compliance. As a Federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants-funded projects, comply with Federal EHP regulations, laws and Executive Orders as applicable. In some cases, FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. Construction Project Requirements. Acceptance of Federal funding requires FEMA, the Recipient and any Subrecipients to comply with all Federal, state and local laws prior to the start of any construction activity. Failure to obtain all appropriate Federal, state and local environmental permits and clearances may jeopardize Federal funding. 1. Any change to the approved scope of work will require re-evaluation by FEMA for Recipient and Subrecipient compliance with the NEPA and other laws and Executive Orders. 2. If ground disturbing activities occur during construction, the Recipient and any Subrecipients must ensure monitoring of ground disturbance, and if any potential archaeological resources are discovered, the Subrecipient will immediately cease construction in that area and notify the Recipient and FEMA. Acquisition Project Requirements. The Subrecipient must provide FEMA with a signed copy of the Statement of Voluntary Participation for each property post- award. The Statement of Voluntary Participation formally documents the Notice of Voluntary Interest and information related to the purchase offer. The Statement of Voluntary Participation is available on the FEMA website at https://www.fema.;zov/media-library/assets/documents/13708. Subrecipients must apply deed-restriction language to all acquired properties to ensure that the property is maintained in perpetuity as open space consistent with natural floodplain functions, as agreed to by accepting FEMA mitigation award funding. Deed-restriction language is applied to acquired properties by recording the open space and deed restrictions. The FEMA Model Deed Restriction is Page 22 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 available on the FEMA website at https://www.fema.gov/media- library/assets/documents/28496. Reporting Recipients are required to submit financial and programmatic reports to FEMA as a condition of their award acceptance throughout the period of performance, including partial calendar quarters, as well as for periods where no grant award activity occurs. Future awards and fund drawdowns may be withheld if these reports are delinquent, demonstrate lack of progress, or are insufficient in detail. The following reporting periods and due dates apply: Reporting Period Report Due Date October 1 —December 31 January 30 January 1 —March 31 April 30 April 1 —June 3 0 July 30 July 1 — September 30 October 30 Federal Financial Reporting Requirements. Recipients must report obligations and expenditures on a quarterly basis through the Federal Financial Reporting (FFR), SF-425, to DHS/FEMA. Recipients must file the FFR electronically using the Payment and Reporting System (PARS). Award recipients must submit an FFR quarterly throughout the period of performance, including partial calendar quarters, as well as for periods where no grant award activity occurs. FEMA may withhold future awards and fund drawdowns if these reports are delinquent, demonstrate lack of progress, or are insufficient in detail. The SF-425, FFR form, OMB #0348-0061, is available from the Grants.gov website: https://www. rg ants.gov/web/grants/forms/post-award-reporting_- forms.html. Financial and Compliance Audit Report. For audits of fiscal years beginning on or after December 26, 2014, recipients that expend $750,000 or more from Federal funding sources during their fiscal year are required to submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with the requirements of Government and Accountability Office's (GAO) Government Auditing Standards, located at http://www.gao.gov/ ovaud/ybkOl.htm, and the requirements of Subpart F of 2 C.F.R. Part 200, located at http://www.ecfr.gov/cgi-bin/text- idx?SID=55e 12eead565605b4d529d82d276105c&node=2:1.1.2.1.1.6&rgn=div6. For audits of fiscal years beginning prior to December 26, 2014, recipients that expend $500,000 or more from Federal funding sources during their fiscal year are required to submit an organization-wide financial and compliance audit report. The audit must be in accordance with GAO's Government Auditing Standards, located at http://www.gao.gov/govaud/ybkOl.htm, and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, located at https://www.whitehouse.gov/omb/information-for-agencies/circulars. Page 23 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Program Performance Reporting Requirements. Recipients must report on the progress of the grant on a quarterly basis to DHS/FEMA using the Quarterly Performance Report in the eGrants system, OMB#1660-0072. The Quarterly Performance Reports must be electronically submitted in eGrants quarterly throughout the period of performance, including partial calendar quarters, as well as for periods where no grant award activity occurs. Reports are due within 30 days from the end of the first Federal quarter following the initial grant award and thereafter until the grant ends. Close Out Reporting Requirements. Within 90 days after the end of the period of performance, or after an amendment has been issued to close out a grant, whichever comes first, recipients must submit a final FFR and final progress report detailing all accomplishments and a qualitative summary of the impact of those accomplishments throughout the period of performance. If applicable, an inventory of all construction projects that used funds from this program has to be reported using the Real Property Status Report (SF-429) OMB #4040-0016, available on the Grants.gov website: https://www. rg ants.gov/web/grants/forms/post-award-reporting-forms.html. After FEMA has reviewed and approved these reports, FEMA will issue a close- out notice to the recipient to close out the grant. The notice will indicate the period of performance as closed, list any remaining funds that will be deobligated, and address the requirement of maintaining the grant records for three years from the date of the final FFR. The recipient is responsible for returning any funds that have been drawn down but remain as unliquidated on recipient financial records. G. DHS Awarding Agency Contact Information Contact and Resource Information Program Questions. General questions about the FMA program can be directed to the appropriate FEMA Regional Office or SHMO. Contact information for FEMA Regional Offices is provided at http://www.fema.gov/about-agency. Contact information for each SHMO is provided at http://www.fema.gov/state- hazard-miti;zation-officers. The HMA Helpline is available via telephone: 1-866-222-3580 or email: HMAGrantsHelplinegfema.dhs.gov. Financial and Administrative Questions. FEMA Regional Assistance Officers manage, administer and conduct application budget review, create the award package, approve, amend and close out awards, as well as conduct cash analysis, financial monitoring, and audit resolution for this program. Contact the appropriate FEMA Regional Office for additional information. Contact Page 24 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 information for FEMA Regional Offices is provided at http://www.fema.;zov/about-agency. Technical Assistance. Upon request, FEMA will provide technical assistance to Applicants and Subapplicants in preparing applications. FEMA encourages Applicants and Subapplicants to seek technical assistance early in the application period by contacting their appropriate FEMA Regional Office. Contact information for FEMA Regional Offices is provided at http://www.fema.gov/about-agency. For questions about cost effectiveness and FEMA's BCA software, contact the BC Helpline via telephone: 1-855-540-6744 or email: BCHelplinegfema.dhs.gov. The Feasibility and Effectiveness Helpline is available for guidance on FEMA Building Science publications via email: FEMA-Buildin�zScienceHelp�2fema.dhs.gov. For questions about NEPA or EHP requirements, the EHP Helpline is available via telephone: 1-866-222-3580 or email: ehhelplinegfema.dhs.gov. The EHP POC is Portia Ross, CFM Integration and Technology Branch Chief Office of Environmental Planning and Historic Preservation FEMA/DHS 500 C Street, SW Washington, DC 20472 Desk: 202-212-5929 Cell: 303-386-2316 portia.ross(2fema.dhs.gov Resources and job aids intended to help Applicants and Subapplicants prepare mitigation planning and project applications are available on FEMA's Hazard Mitigation Assistance web page: https://www.fema.gov/application-development- 1. FEMA has developed publications that specify the documentation and information necessary for FEMA to review project applications for feasibility and effectiveness, cost effectiveness, and potential impacts on environmental and cultural resources: https://www.fema.gov/hazard-mitigation-assistance- publications. Mitigation eGrants System. Information, training and resources on the Mitigation eGrants system for Applicant and Subapplicant users are available on the FEMA website: http://www.fema.;zov/miti ag tion-e rag nts-system-0. The eGrants Helpdesk can be reached via telephone: 1-855-228-3362 or email: MTeGrantsgfema.dhs.gov. Page 25 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 H. Additional Information Extensions Extensions to this program are allowed, per HMA Guidance, Part VI, D.4.1 available on the internet at http://www.fema.gov/media-library/assets/documents/103279. Recipients must submit proposed extension requests to FEMA for review and approval at least 60 days prior to the expiration of the grant period of performance. Extensions to the initial period of performance identified in the award will be considered only through formal, written requests to the Recipient's respective Region and must contain specific and compelling justification as to why an extension is required. Recipients are advised to coordinate with the Region as needed when preparing an extension. All extension requests must address the following: 1. Grant Program, Fiscal Year, and award number; 2. Verification that progress has been made as described in quarterly reports; 3. Reason for delay —this must include details of the legal, policy, or operational challenges being experienced that prevent the final outlay of awarded funds by the applicable deadline; 4. Current status of the activity/activities; 5. Approved period of performance termination date and new project completion date; 6. Amount of funds drawn down to date; 7. Remaining available funds, both Federal and non-Federal; 8. Budget outlining how remaining Federal and non-Federal funds will be expended; 9. Plan for completion including milestones and timeframes for achieving each milestone and the position/person responsible for implementing the plan for completion; and 10. Certification that the activity/activities will be completed within the extended period of performance without any modification to the original Statement of Work approved by FEMA. Requests for extensions to a grant period of performance will be evaluated by FEMA but will not be approved automatically. The Regional Administrator can extend the period of performance for up to twelve months with justification. All requests to extend the grant period of performance beyond twelve months from the original grant termination date must be approved by FEMA Headquarters. Other Related HMA Programs Hazard Mitigation Grant Program. The Hazard Mitigation Grant Program (HMGP)is authorized by Section 404 of the Stafford Act, 42 U.S.C. 5170c. The key purpose of HMGP is to ensure that the opportunity to take critical mitigation measures to reduce the risk of loss of life and property from future disasters is not lost during the reconstruction process following a disaster. HMGP funding is available, when authorized under a Presidential major disaster declaration, in the Page 26 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 areas of the State requested by the Governor. Indian Tribal governments may also submit a request for a major disaster declaration within their impacted areas. The amount of HMGP funding available to the Applicant is based on the estimated total of Federal assistance, subject to the sliding scale formula outlined in 44 CFR § 206.432(b)that FEMA provides for disaster recovery under the Presidential major disaster declaration. The formula provides for up to 15 percent of the first$2 billion of estimated aggregate amounts of disaster assistance, up to 10 percent for amounts between $2 billion and $10 billion, and up to 7.5 percent for amounts between $10 billion and $35.333 billion. For States with enhanced plans, the eligible assistance is up to 20 percent for estimated aggregate amounts of disaster assistance not to exceed $35.333 billion. No more than seven percent of the HMGP funds available may be used for mitigation planning. The remaining funds may be used for projects. Local governments are considered Subapplicants and must apply to their Applicant State/territory. Pre-Disaster Mitigation. The Pre-Disaster Mitigation (PDM)program, authorized by the Stafford Act, 42 U.S.C. 5133, is designed to assist States, U.S Territories, Native American Tribal governments, and local communities to implement a sustained pre-disaster natural hazard mitigation program to reduce overall risk to the population and structures from future hazard events, while also reducing reliance on Federal funding in future disasters. Congressional appropriations provide the funding for PDM. The total amount of funds distributed for PDM is determined once the appropriation is provided for a given Fiscal Year. PDM funds can be used for mitigation projects and planning activities. Further information regarding these programs is available in the HMA Guidance on the FEMA website: http://www.fema.;zov/media- librga/assets/documents/103279. Payment FEMA utilizes PARS for financial reporting, invoicing and tracking payments. Additional information on PARS can be obtained at https:Hisource.fema.;zov/sf269/execute/Lo;;In?sawContentMessa;ze=true. FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to Recipients. To enroll in the DD/EFT, the Recipient must complete a SF-1199A, Direct Deposit Form. Conflict of Interest To eliminate and reduce the impact of conflicts of interest in the subaward process, Recipients must follow their own policies and procedures regarding the elimination or reduction of conflicts of interest when making subawards. Recipients are also required to follow any applicable State, local, or tribal statutes or regulations governing conflicts of interest in the making of subawards. Page 27 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 The Recipient must disclose to FEMA, in writing, any real or potential conflict of interest as defined by the Federal, state, local, or tribal statutes or regulations or their own existing policies that may arise during the administration of the federal award. Recipients must disclose any real or potential conflicts to the FEMA Program Analyst within fifteen days of learning of the conflict of interest, per HMA Guidance Part III, D.2 available on the internet at http://www.fema.;zov/media-library/assets/documents/103279. Similarly, Subrecipients must disclose any real or potential conflict of interest to the Recipient as required by the recipient's conflict of interest policies, or any applicable State, local, or tribal statutes or regulations. Conflicts of interest may arise during the process of FEMA making a Federal award in situations where a FEMA employee, officer, or agent, any members of his or her immediate family, or his or her partner has a close personal relationship, a business relationship, or a professional relationship, with an Applicant, Subapplicant, Recipient, Subrecipient, or FEMA employee. Page 28 of 28 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 EXHIBIT B ORIGINAL GRANT APPLICATION TWDB Contract No.1700012478 EXHIBIT B: Original Grant Application,Page 1 of 14 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Subgrant Project Application Application Title: City of Fort Worth Central Arlington Heights Property Acquisition-FMA Subgrant Applicant: City of Fort Worth Application Number: Application Year: 2017 Grant Type: Project Application Address: 200 Texas Street, Fort Worth,TX 76102-0000 Subapplicant Information Name of Subapplicant City of Fort Worth State TX Type of Subapplicant Local Government Legal status, function, and facilities owned: State Tax Number: Federal Tax Number: Other type name: Federal Employer Identification (EIN) 75-6000528 What is your DUNS Number? 147336965 - Is Subapplication subject to review by Executive Order No. Program is not covered by E.O. 12372 12372 Process? s the Subapplicant delinquent on any Federal debt? No Explanation: Federal Identification Processing Standard (FIPS) Place Code Community Fort Worth (27000) DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Contact Authorized Subgrant Agent Title Mr. First Name Jesus Middle Initial Last Name Chapa Title Assistant City Manager Agency/Organization City of Fort Worth Address 1 200 Texas Street Address 2 City Fort Worth State TX ZIP 76102 Phone 817-392-2714 Ext. Fax 817-392-2433 Email Jesus.Chapa@FortWorthTexas.gov Point of Contact Title Ms. First Name Jennifer Middle Initial Last Name Dyke Title Sr. Planner Agency/Organization City of Fort Worth Address 1 200 Texas Street Address 2 City Fort Worth State TX ZIP 76102 Phone 817-392-2714 Ext. Fax 817-392-2433 Email Jennifer.Dyke@FortWorthTexas.gov DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Community Information Please provide the name of each community that will benefit from this mitigation activity by clicking on the Find Community button. You shall modify Congressional District for each community by directly editing the textbox(es) provided. You should also notify your state NFIP coordinator so that it can be updated in the Community Information System database. When you are finished, click the Save and Continue button below. County Community CID CRS CRS State us State Code Name Number Community Rating Legislative Congressional District District TX 4805961 FORT WORTH,CITY 480596 Y 8 480596 1 Comments Attachments Name File Size (KB) State TX Community Name FORT WORTH, CITY OF County Name TEXAS County Code TARRANT COUNTY City Code 480596 FIPS Code 439 Help CID Number 480596 Help CRS Community Y CRS Ratinq 8 State Legislative District 480596 US Congressional District 1 FIRM or FHBM available? Yes Community Status PARTICIPATING Help Community participates in NFIP? Yes Date entered in NFIP 09-17-1971 Date of most recent Community Assistance 09-13-2010 Help Visit (CAV)? DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Mitigation Plan Is the entity that will benefit from the proposed activity covered by a current FEMA-approved multi-hazard mitigation plan in compliance with Yes 44 CFR Part 201? If Yes, please answer the following: What is the name of the Tarrant County Multi Hazard Mitigation Plan plan? What is the type of plan? Local MultiJurisdictional Multihazard Mitigation Plan When was the current multihazard mitigation plan 08-25-2015 approved by FEMA? The City of Fort Worth participates in the Tarrant County Local Mitigation Action Plan. Flooding hazards which have affected homes in the project location are described in Section 4 on page 4-17 of the report. Recommended mitigation strategies include the removal of repetitive loss properties from identified flood zones as well as mitigation projects that"reduce vulnerability to flooding Describe how the through the construction or improvement of Tarrant County critical proposed activity relates to infrastructure or facilities", as identified in Section 5 on page 5-4. or is consistent with the The proposed project also aligns with the City of Fort Worth FEMA-approved mitigation Floodplain Management Plan. Historic flood incidents which have plan. affected the project area are described in Step 4, including pictures of flooding along Western and Carleton Avenues on page 18. Recommended mitigation actions in alignment with the proposed project are identified in Step 5 on pages 60 through 63, including the following: 2.3.a Develop a voluntary property acquisition plan and program. 2.3.b Pursue grants to complete property acquisition projects. If No or Not Known, please answer the following: Does the entity have any other mitigation plans adopted? Yes If Yes, please provide the following information. Plan Name Plan Type Date Adopted Attachment (File Size) Floodplain FMA or CRS Plan 06-06-2016 FMP 2016-06-17.pdf(60286 KB) Management Plan Does the State/Tribe in which the entity is located have a current FEMA- Yes approved mitigation plan in compliance with 44 CFR Part 201? If Yes, please answer the following: What is the name of the Texas Standard Mitigation Plan plan? What is the type of plan? Standard State Multi-hazard Mitigation Plan When was the current multihazard mitigation plan 10-22-2013 approved by FEMA? Describe how the The State of Texas Hazard Mitigation Plan implements hazard proposed activity relates to mitigation measures intended to eliminate or reduce the effects of or is consistent with the future disasters throughout Texas. Flooding hazards which have State/Tribe's FEMA- affected homes in the project location are described in Section 2 approved mitigation plan. from pages 43-48 of the report. Recommended mitigation DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 strategies "reduce the number of Repetitive Loss and Severe Repetitive Loss structures in Texas", as identified in Section 3on pages 216-222. If you would like to make any comments, please enter them below. To attach documents, click the Attachments button below. DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Scope of Work(Page 1 of 3) Title of your proposed activity (should include the type of activity and location): City of Fort Worth Central Arlington Heights Property Acquisition-FMA Hazard(s) Identified to be mitigated: Flood Proposed types of Mitigation Activity(ies): Activity Code Activity Name 200.1 Acquisition of Private Real Property (Structures and Land) -Riverine If Other or Miscellaneous selected above, please specify: Provide a clear and detailed description of your proposed activity: Nine concerned residents have approached the City of Fort Worth after frequent flooding has continued to impact their livelihoods. Based on coordination with these residents,the City is applying for FEMA grant funding to acquire and demolish 10 flood-prone homes along Western Avenue and Carleton Avenue and construct a multi-use surface detention area and park-like greenspace in their place to furtherreduce structure flooding in the area. Two of the ten properties would be acquired under this FMA-Acquisition grant application. The other eight properties would be acquired under the FMA-Drainage Project grant application. The acquisition of all ten of the properties would help support the strategic plan to relieve flooding in the Central Arlington Heights neighborhood. This alternative is described in greater detail in the following sections. Exhibit 10.1 is a location map which shows the proposed properties to be acquired as well as the footprint of the proposed surface detention and green space. Exhibit 10.2 shows the location of the proposed project relative to the Central Arlington Heights watershed. The City has funded a series of watershed planning studies to investigate Central Arlington Heights' existing infrastructure, solicit feedback from residents regarding flooding, prepare detailed hydrologic and hydraulic models to clearly identify the extents and causes of flooding, and propose a range of alternative projects to reduce the risk of flooding. Based on the detailed engineering analysis performed, the cost of the solution to mitigate 100-year flooding in this neighborhood could range from $30 to $50 Million, which is unaffordable for the City. Yet, the City has taken incremental steps to begin reducing flood damages in this neighborhood and constructed two projects that provided partial mitigation in 2013 and 2015, but the flooding continued. With the City's current budget, acquisition of the 10 properties is also not affordable. Is there construction in this project? Y Provide a detailed description of the proposed project's location (e.g. municipality, street address, major intersecting streets and other important landmarks). Supporting documentation such as maps that clearly identify the location and critical features to the project such as topography, waterways, adjacent community boundaries, etc., should be attached: The project is located in the Central Arlington Heights neighborhood in Fort Worth, Texas. The properties to be acquired are located along Western Avenue between Bryce and El Campo Avenues. Please see Exhibit 10.1 for the location map which shows the proposed properties to be acquired. The Central Arlington Heights watershed encompasses approximately 454 acres in west-central Fort Worth, as shown in Exhibit 10.2. Its outlet is located just upstream of the Union Pacific Railroad Davidson rail yard near the intersection of the Chisholm Trail Parkway and Montgomery Street. Runoff from the watershed drains beneath the rail yard before entering the Clear Fork Trinity River. The land use is primarily single-family residential, with some commercial properties clustered around Camp Bowie Boulevard and Vickery Boulevard. The proposed project is located in Zone X (minimal flood risk) per FEMA FIRM Panel 48439CO285K. Refer to Exhibit 24.1 which depicts the FIRM with the project plotted. Refer to Exhibit 10.6 for a location map of the proposed project with the corresponding latitudes and longitudes of the properties. DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Scope of Work(Page 2 of 3) Latitude: 32.738 Longitude: -97.3855 Describe the need for this activity. Why should this mitigation activity be completed? Significant storm events that caused flooding of homes and/or streets in the Central Arlington Heights neighborhood include the storms of March 12, 1999; June 28, 2004; May 2, 2007; June 24, 2014; September 6, 2014; April 13, 2015; June 27, 2016; July 9, 2017 and August 24, 2017. Statistical analysis has been performed on the available precipitation data for these storms and found that they range from a 1-year event to a 5-year event on average. Exhibit 10.8 identifies locations of flood reports recorded by the City of Fort Worth. The flood report incidents layer summarizes information from calls from residents as well as reports from the police, fire department, or City employees. There have been a total of 27 flood insurance claims in this area dating back to 1988 for a total paid amount of$372,815. Within the past three years alone, there have been a total of 18 paid insurance claims totaling $342,749 along Western and Carleton Avenues. Table 1 summarizes flood insurance claim information by storm event. 2209 Western is designated as a SRL property. It has made a total of 4 claims totaling $120,203 in 2010, 2014, 2015, and 2016. 2217 Western is designated as an RL property. It has made two claims totaling $110,509, one in 2015 and one in 2016. Details of these claims are included in the Table 1 - Flood Insurance Claims.xlsx spreadsheet (attached). The owner of 2209 Western Ave testified to the Fort Worth City Council regarding his situation. Pictures of various storm events are included in the attachments. Without this project there will be continued flood insurance claims. Who will the mitigation activity benefit and/or impact? The proposed strategic plan will eliminate future flood losses at 10 homes through voluntary acquisition and demolition and will reduce flood risk at 28 additional properties in the surrounding neighborhood through implementation of a multi-use surface detention and green space. The proposed strategic plan will also result in a reduction in street flooding, which will make roadways safer for residents and facilitate access to emergency responders; thus reducing the risk of loss of life. Two of ten properties would be acquired under this FMA-Acquisition grant application. The surface detention component and the acquisition of the other eight properties are proposed under the FMA-Drainage project grant application as part of the strategic plan. How will the mitigation activity be implemented? Component 1 Acquisition and demolition of the 2 homes would begin upon notification of acceptance of the grant. The City of Fort Worth would be responsible for coordinating all activities. Consultants and contractors would be procured for acquisition and demolition activities, as listed in the project timeline. It is estimated that acquisition and demolition would be completed within a period of 14 months for a total cost of$550,000. If the drainage project grant application is not funded, the City will need to perform grading on the lots to avoid potential downstream impacts due to increased conveyance caused by the removal of the structures. Describe how the project is technically feasible and will be effective in reducing the risk by reducing or eliminating damage to property and/or loss of life in the project area. Please include engineering design parameters and references to the following: preliminary schematic or engineering drawings/design; applicable building codes; engineering practices and/or best practices; level of protection (e.g., life safety, 100-yr floor protection with freeboard, 100-yr wind design, etc.): Acquisition and removal of the 2 homes would eliminate future flood losses at these locations. The BCA indicates a benefit of$685,964 for acquisition and demolition of the 2 homes, corresponding to a BCR of 1.25. There have been a total of 27 flood insurance claims in this area dating back to 1988 for a total paid amount of$372,815. Within the past three years alone,there have been a total of 18 paid insurance claims totaling $342,749 along Western and Carleton Avenues. Table 1 summarizes flood insurance claim information by storm event. An existing conditions model was used to simulate 24-hour synthetic storms for the 1-, 2-, 5-, 10-, 25-, 50-, and 100-year return period storms. The maximum water surface elevations (WSELs) on the 2D DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 mesh were mapped and compared to available high water marks in order to validate the model results. The WSELs for the 2-, 10-, 25-, and 100-year events for existing and proposed conditions were input into the FEMA BCA Toolkit Version 5.2.1. Refer to Exhibits 10.9 through 10.12 for inundation maps associated with the 2-, 10-, 25-, and 100-year return period storms for existing conditions. Refer to Exhibits 10.13 through 10.16 for inundation maps associated with the 2-, 10-, 25-, and 100-year return period storms for proposed conditions. Refer to Exhibit 22.1 for a summary of the finished floor elevations at each property. Who will manage and complete the mitigation activity? The City of Fort Worth will oversee the buyouts of the properties. Scope of Work(Page 3 of 3) Will the project address the hazards identified and what risks will remain from all hazards after project implementation (residual risk)? The overall strategic plan includes acquiring and demolishing the 10 properties in the Central Arlington Heights neighborhood. This property acquisition grant includes purchase and removal of 2 properties that flood routinely. This will eliminate future flood losses for these properties, but significant flood risk will remain for surrounding properties. Therefore, a second grant application is being submitted (FMA-Drainage project) as part of the strategic plan to acquire the 8 additional properties and construct a surface detention facility that will reduce flood risk to the remaining homes in the neighborhood. Although there will still be flooding risks after the stormwater detention basin is constructed, the level of risk will be reduced and homes should flood less frequently. Also, as a result of this project downstream roads should overtop less often, thereby reducing risks to life safety and emergency responders. Refer to Exhibits 10.9 through 10.12 for inundation maps associated with the 2-, 10-, 25-, and 100-year return period storms for existing conditions. Refer to Exhibits 10.13 through 10.16 for inundation maps associated with the 2-, 10-, 25-, and 100-year return period storms for proposed conditions. Refer to Exhibit 22.1 for a summary of the finished floor elevations at each property. When will the mitigation activity take place? The mitigation activity will occur after receiving funds according to project schedule. Why is this project the best alternative. What alternatives were considered to address the Risk and why was the proposed activity considered the best alternative? Alternate solutions were investigated and the proposed voluntary property acquisition and surface detention project was determined to be the most cost beneficial and feasible alternative among those which were investigated. Specific examples of two other alternatives which were investigated are summarized as follows: Alternate 1. Walgreens Surface Detention This alternative would acquire and remove the Walgreens at Hulen Street and Bryce Avenue, and replace it with approximately 11 ac-ft of surface detention storage, as shown in Exhibit 10.3. This alternative provided incremental protection to homes along Western, Carleton, and Ashland Avenues. The benefit cost ratio (BCR) for this alternative was determined to be less than 1 and was therefore considered to be infeasible. Alternate 2. Conveyance and Detention for the 5-year Storm Event This alternative would implement approximately 9,800 LF of conveyance improvements from Western Avenue and Camp Bowie Boulevard to the outlet at the Union Pacific Railroad (UPRR), as shown in Exhibit 10.4. Multiple surface detention facilities with a combined storage volume of 26 ac-ft would also be necessary to offset downstream impacts at the railroad from the increased conveyance. Although the BCR for this project was determined to be greater than 1, the estimated cost of$21.1 M caused the project to be infeasible for the City to implement. Also, the necessary surface detention facilities would require the voluntary acquisition and demolition of 20 homes. Please identify the entity that will perform any long-term maintenance and provide a maintenance schedule and cost information. The subapplicant or owner of the area to be mitigated is responsible for maintenance (including costs of long-term care) after the project is completed: The City of Fort Worth Stormwater Management Division will be responsible for maintenance of the multi-use surface detention and green space. The City will carry out maintenance activities in-house or may also contract their sub-consultants to perform such activities. Coordination with the Maintenance Engineering Section indicates an estimated cost of$24,530/yr to maintain the stormwater detention basin resulting from DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 both grant applications. Mowing schedule will be determined in coordination with the Neighborhood Association. If you would like to make any comments, please enter them below: Attachments (File Size): FMA M&C Approved 9-26-2017.pdf(102 KB) Congresswoman Granger- Letter of Support.PDF (379 KB) CM Shingleton - Letter of Support.pdf(472 KB) November 2016 Letter to City Council Signed by Residents.pdf(695 KB) 10 4 Alternate2.pdf(7085 KB) 10 5 DetentionConcept.pdf(2144 KB) 10 7 OffsiteBenefits.pdf(2347 KB) 10 8 FloodReports 22x34.pdf(10046 KB) 10 9 Existing WSEL 2yr.pdf(11923 KB) 10 10 Existing WSEL 10yr.pdf (12295KB) 10 11 Existing WSEL 25yr.pdf (12214KB) 22 1 SurveyedFFEs.pdf(538 KB) 10 14 Proposed WSEL 10yr.pdf (11390KB) 10 12 Existing WSEL 100yr.pdf (12326 KB) 10 13 Proposed WSEL 2yr.pdf(11098 KB) 10 15 Proposed WSEL 25yr.pdf(11722 KB) 10 16 Proposed WSEL 100yr.pdf(11905 KB) 10 6 IdentificationOfProperties.pdf (3565 KB) Table 1 - Flood Insurance Claims.xlsx (15 KB) 10 1 ProiectLocationMap.pdf(3447 KB) 10 2 CAHWatershed.pdf(1537 KB) 10 3 Alternate1.pdf(7087 KB) 24 1 FIRM.pdf(837 KB) DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Subgrant Project Application Application Title:City of Fort worth Central Arlington Heights Property Acquisition-FMA Subgrant Applicant:City of Fort worth Application Number: Application Year:2017 Grant Type:Project Application Address:200 Texas Street,Fort worth,TX 76102-0000 Properties Damaged Property Address: Address line 1 2217 Western Ave Address line 2 City Fort Worth County Tarrant State TX ZIP 76107 Owner Information: First Name Bret Middle Name Last Name Starr Home Office Phone 682-478-6434 Et. Cell Owner's Mailing Address: Address line 1 2203 Carleton Ave Address line 2 Other(PO Box,Route,etc) City Fort Worth State TX ZIP 76107 Does this property have other co-owners Y or holders of recorded interest? Co-owner or Owner of Property Interest Information: First Name Jennifer Middle Name ? Last Name Starr Home Office Phone 682-478-6434 Et. Cell Co-owner's Mailing Address: Address 1 2203 Carleton Ave Address 2 Other(PO Box,Route,etc) City Fort Worth State TX ZIP 76107 Comments Attachments No attachments Found Property Information: Latitude 32.73798 Longitude -97.38615 Year Built 1923 Structure Type 2-4 Family Property Tax Identification Number Legal Description DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Hillcrest Addition-Fort Worth Block: 5 Lot: 28 Does this property have an NFIP Policy Number Yes Policy Number OFLD326150 FMA Repetitive Loss Yes FMA Severe Repetitive Loss No Property Locator Number 9999999 Hazards to be mitigated: Flood •Property Action Acquisition/Demolition Property Information II: Substantially Damaged? No Purchase Offer Amount 0.00 Base Flood Elevation feet First Floor Elevation feet Number of feet the lowest floor elevation of the structure is being raised above Base feet Flood Elevation Foundation type EPPPC •Flood Zone Designation Area of minimal flood hazards(C,unshaded J) Howwas cost-effectiveness determined forthis property: BCA Comments This property is a duplex and the addresses for the one structure are 2217 Western Avenue and 2219 Western Avenue. Attachments Name File Size(KB) Date Aft FLD326150 2217 Western.pdf 81 10-02-2017 2217 and 2219 Western Claims 2016.pdf 64 11-12-2017 Starr forms.Ddf 642 11-12-2017 2217 Western Ave TAD.pdf 98 09-29-2017 2217 Western Ave-4-Pictures.pdf 2760 09-29-2017 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Properties Damaged Property Address: Address line 1 2209 Western Ave Address line 2 City Fort Worth County Tarrant State TX ZIP 76107 Owner Information: First Name Andre Middle Name Last Name Yanez Home Office Phone 817-475-8098 Ext. Cell Owner's Mailing Address: Address line 1 1000 Washington Ter Address line 2 Other(PO Box,Route,etc) City Fort Worth State TX ZIP 76107 Does this property have other co-owners Y or holders of recorded interest? Co-owner or Owner of Property Interest Information: First Name Amy Middle Name ? Last Name Yanez Home Office Phone 817-637-9413 Ext. Cell Co-owner's Mailing Address: Address 1 1000 Washington Ter Address 2 Other(PO Box,Route,etc) City Fort Worth State TX ZIP 76107 Comments 2209 Western Avenue is a duplex. Additional addresses are 2209A or 2209B and 2211. There are additional NFIP flood claims under those var Attachments No attachments Found Property Information: Latitude 32.73825 Longitude -97.38615 Year Built 1923 Structure Type 2-4 Family Property Tax Identification Number Legal Description Hillcrest Addition-Fort Worth Block: 5 Lot: 30 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 Does this property have an NFIP Pol icy Number Yes Policy Number OFLD367740 FMA Repetitive Loss Yes FMA Severe Repetitive Loss Yes Property Locator Number 0240106 Hazards to be mitigated: Flood •Property Action Acquisition/Demolition Property Information II: Substantially Damaged? No Purchase Offer Amount 0.00 Base Flood Elevation feet First Floor Elevation feet Number of feet the lowest floor elevation of the structure is being raised above Base feet Flood Elevation Foundation type EPPPC •Flood Zone Desianation Area of minimal flood hazards(C,unshaded J) Howwas cost-effectiveness determined forthis property: BCA Comments 2017 TAD record did not include a value for improvement value. TAD value was based on 2016 Improvement Value + 2017 Land Value. Refer t Property Sheet. Attachments Name File Size(KB) Date Aft Yanezforms.pdf 163 09-27-2017 Yanez flood insurance.pdf 97 09-27-2017 2209 Western 2016 claim.Ddf 64 11-12-2017 2209 Western 2010-2014s-2015.pdf 69 11-12-2017 2209 Western Ave TAD Summary.pdf 98 11-12-2017 2209 Western Area.MOV 2965 09-29-2017 Attachment E-T Properties Spreadsheet-Arlianton Heiahts FMA Acauisition.xls 32 11-10-2017 2209 Western Ave-4-Pictures.Ddf 2403 09-29-2017 2209 Western Ave-5-Homeowner Pictures.pdf 1046 09-29-2017 2209 Western 2017 flooding.pdf 327 09-29-2017 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 EXHIBIT C IMPLEMENTATION PLAN The implementation plan will be provided to TWDB for review and approval within 90 days of execution of this contract.The approved implementation plan will become a permanent part of this CONTRACT. TWDB Contract No.1700012478 EXHIBIT C:Implementation Plan,Page 1 of 1 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 EXHIBIT D Task and Expense Budgets TASK BUDGET TASK DESCRIPTION AMOUNT 1 Acquisition Cost $480,000.00 2 Acquisition Service 3,000.00 3 Appraisal 2,000.00 4 Closing 3,000.00 5 Title 2,000.00 6 Relocation costs for tenants 10,000.00 7 Asbestos 20,000.00 8 Demolition 30,000.00 TOTAL $550,000.00 EXPENSE BUDGET CATEGORY AMOUNT Salaries and Wages' $0.00 Fringez 0.00 Travel3 0.00 Subcontractor (Pre-Award) 0.00 Subcontractor 0.00 Demolition 50,000.00 Other Expenses4 0.00 Overheads 0.00 Property Buyout6 500,000.00 Profit 0.00 TOTAL $550,000.00 1 Salaries and Wages is defined as the cost of salaries of engineers,draftsmen,surveymen,clerks, laborers,etc.,for time directly chargeable to this CONTRACT. z Fringe is defined as the cost of social security contributions,unemployment,excise,and payroll taxes,workers compensation insurance,retirement benefits,medical and insurance benefits,sick leave,vacation,and holiday pay applicable thereto. 3 Travel is limited to the maximum amounts authorized by the U.S.General Services Administration, as amended or superseded. 40ther Expenses is defined to include expendable supplies,communications,reproduction,postage, and costs of public meetings directly chargeable to this CONTRACT s Overhead is defined as the costs incurred in maintaining a place of business and performing professional services similar to those specified in this CONTRACT. 6 Property Buis defined as the cost of Site Acquisitions,Appraisal,Property Owner Counseling, Title Search and Closing and tenant or inhabitant relocation assistance TWDB Contract No.1700012478 EXHIBIT D:Task and Expense Budget,Page 1 of 2 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 The Required Federal Structure Reimbursement Percentages Property Address Federal Share Percentage Local Share Percentage 2209 Western Ave 90 10 2217 Western Ave 100 0 TWDB Contract No.1700012478 EXHIBIT D:Task and Expense Budget,Page 2 of 2 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 NEW CONTRACT 0 PAYABLE 17 RECEIVABLE CONTRACT AMOUNT $/�550,,0000.00 BOARD APPROVAL DATE (IF APPLICABLE)05n7/2020 Contract No. / 7000 1 2478 CONTRACTOR C I•y O f Fort • WO •h DATE II }L Ir}L Ir}L AND INITIAL 0 Assign contract number; Enter contract information into 10/20/20 Contract Administration CAS and Worklog;Assignment Date 10/20/2020 20 LR Lisa Ramirez 0 Obtain Budget Coding from Budget Officer for CIF ❑ Request TWDB Vendor Set-Up&Direct Deposit Form from Contract Specialist Contractor(need VID for CIF) 0 Prepare Draft contract,CIF,and Letter(if applicable) CAD Approval Do FFATA,HB 1295 or IT Requirements apply? ❑Yes ❑No 11�04/20 Angela Wallace Manager/Director,Contracting and Purchasing reviews and EJ 0 approves Contract Attorney reviews and approves KS Comments: 10/21/20 0 Kaye Schultz My edits are in track changes in the Word 20 Document Contract Manager reviews and approves NG 10/21/20 Provide contractor e-mail information for signatory and others N iam h Gray who require a copy of the executed contract EMMLADDM%E3 Mike.Bennett@fortworthtexas.gov (cc CM); jesus.chapa@fortworthtexas.gov (signatory) o Kathy Hopkins Program Manager reviews and approves KCH10/3 0/2020 0 Glenn Jennings Budget Officer verifies Fund,Object of Expense,MOF, 10-30-20 ❑ Sharma Packer Department Code,PCA,Work Number,and Fiscal Year gj ❑ Joseph Monyer information ❑ Loren Sammon see CIF ❑✓ Chris Hayden Review Budget Entry CHH 1 1.3.20 CHH 4 4 O Of) ❑ April Weiss (Receivable) Review and Comment if needed 10/23/20 ✓❑ Eldrisha Eubanks (Payable) EE El Letty Molina Grant not marked on the CIF and the expiration date is incorrect ❑ Larry French 0 Saul Nuccitelli Division Director reviews and approves 10/30/20 ❑ Carla Guthrie SN El Kluge ❑ Clay Schultz El Temple McKinnon ❑ Mark Wyatt ❑ElDarrell Thompkins ❑ Ashley Harden ❑ Rebecca Trevino JTD El Edna Jackson El Richard Wade Deputy Executive Administrator/CFO reviews,approves,and 11/2/202 0 John Dupnik El Jessica Zuba signs transmittal letter(if delegated;<$25,000) 0 0 Verify/Accept internal review comments 11/05/20 LR PDF Contract Administration ❑ Upload executed contract into CAS of final provided Lisa Ramirez ❑ Update all pertinent fields in CAS to CM for ❑ Update Worklo communi Contract Specialist p g❑ ty review Move files to Active Contracts Folder By signing this form,you are certifying that this packet and its contents meet with your approval Updated 10/06/2020 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438 TEXAS WATER DEVELOPMENT BOARD CONTRACT INITIATION FORM X New Contract Amendment Contract Manager Niamh Gray jAmendment No.(if applicable) Office/Division/Section WSC/FSCA/GC Phone Number 512-475-1514 lPayabqlTWDB Contract Number(s)that this Contract is related to: A Contract No.1700012292 Contract No. 1700012478 Grant Yes Payable X Receivable External Contract No. EMT-2018-FM-E002,FMA-PJ-06-TX-2017-008 Board Approval Date(N/A if no date) Start Date Expiration Date CFDA No. 197.029 os/17/18 08/14/17 06/19/21 List of Counties for StudyArea(Enter names,statewide,or non specific). Amendments:Original Execution Original Expiration Proposal Number 00005138 Tarrant Vendor ID#(aka:Tax PayerID#) 17560005286 Vendor Name City of Fort Worth Street Address 200 Texas Street Retainage% 100%ofthe Federal and TWDB up to 90% City,State,zip Fort Worth,Texas 76102 Special Instructions Varies Telephone Number (817)392-2714 Vendor Contract Mgr/Email Address MikeBennett/Mike.Bennett@fortworthtexas.gov Detailed Description of Contract Signer of contract/Email Address Jesus Chapa/jesus.chapa@fortworthtexas.gov FY 2017 FMA subgrant to mitigate two flood prone structures by acquisition Anticipated Budget and demolition. Contractor Share of Costs Detailed Description TWDB Share of Costs $ 34,500.00 Receivable Share of Costs $ sis'so0.00 Total Contract Costs $ SS0,000.00 BestValue Standard-Procurement Method(X method used) 77M LR USAS(PYADDR/PYHOLD) RFQ/RFP/RFA/RFO X NOFO-Grants. ov LR Franchise TaxSearch Interagency/Local LR SAM Check Expiration Date:01 23 2021 Purchase LR Debarred Vendor List Receivable Grant LR Boycott Israel 1 1 9-Exempt LR Ties to Sudan/Iran/Foreign Terrorist Organizations/Designated Foreign Terrorist Org 1 _ N/A W-9 Received(new contractor only-if applicable) Legal Cite:TGC Chapter 771 BUDGET USE ONLY TWDB SHARE FUND COBJ MOF DEPT PCA Work# AY AY AY Total Funds Expire 4-XXX 4-XXX 3- 4-XXX S- 6- 2019 2020 2021 0194 7611 88 C344 00194 G02098 $ - $ 34,500.00 $ 34,500.00 5/21/2023 $ $ $ $ Total $ - $ - $ 34,500.00 $ 34,500.00 RECEIVABLE SHARE FUND COBJ MOF DEPT PCA Work# AY AY AY Total Funds Expire 4-XXX 4-XXX 3- 4-XXXXI (S-XXXXXI (6-XXXXXXI 2019 2020 2021 0001 7611 F06 C336 21021 G02098 $ sis'so0.00 $ - $ - $ Sl S,500.00 NA $ $ $ $ Total $ SlS,500.00 $ - $ - $ sis'so0.00 ContractTotall $ 515,500.00 1 $ - $ 34,500.00 $ 550,000.00 APPROVAL SIGNATURES and CONFIRMATION OF COMPLIANCE WITH AGENCY POLICY&THE STATE OF TEXAS CONTRACT MANAGEMENT GUIDE By signing this form,you are certifying that this contract packet and its contents meet with your approval Contract Administration Edna Jackson f�y}� 121 12020 Budget Officer Chris Hayden Glenn Jennings: �ri a ""^'` by �A 4/2020 Contract Manager Niamh Gray 12020 Division Director Saul Nuccitelli sa 4 T20 00 Legal Counsel Kaye Shultz , 121 12020 Accounting/Finance LettyMolina: AW: EE: VfW L5/2020 Deputy Executive Administrator John Dupnik ^ � t 121 5/2020 Executive Administrator or Designee Jeff Walker Amanda Lavin: ("� V"(xAci1• 12� 4�2020 Revised 8/23/20