HomeMy WebLinkAboutContract 57336 DocuSign Envelope ID:C5B8E4AE-6654-43F7-AA28-D75BCF209438
CSC No.57336
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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
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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)
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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.
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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.
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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.
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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
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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,
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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. McCoy, CGMS
Assistance Officer
cc: John Washington, Hazard Mitigation Assistance Specialist
Enclosure: Record of Environmental Condition (REC)
www.fema.gov
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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
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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.
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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.
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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.
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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
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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,
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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)
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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)
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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,
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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.
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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.
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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).
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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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-
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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.
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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.
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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
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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
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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.
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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.
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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
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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,
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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
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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
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• 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.
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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;
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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