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HomeMy WebLinkAbout1999-084P unaetlWm�n`=nr �awmmlcW NboKa\94PMA Um1 aoc NOTE Grant extended to June 20, 2000 (No 2) NOTE Grant extended to October 31, 2000 (No 3) NOTE: Grant extended to January 31, 2001 (No 4) ORDINANCE NO qCID � AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, ON BEHALF OF THE CITY OF DENTON, ENGINEERING AND TRANSPORTATION DEPARTMENT AS GRANTEE, WITH THE TEXAS WATER DEVELOPMENT BOARD, AS GRANTOR FOR THE FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION'S (FEMA) FLOOD MITIGATION ASSISTANCE PROGRAM (FMA) RELATING TO ELIMINATION OF FLOOD HAZARDS WITHIN THE REGULATORY FLOODWAY OF TRIBUTARY PEC-4, A TRIBUTARY OF PECAN CREEK, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SF,CTION I That the City Manager is authorized to execute a contract, on behalf of the City of Denton, Engineering and Transportation Department as Grantee, with the Texas Water Development Board, as Grantor for the Federal Emergency Management Administration's (FEMA) Flood Mitigation Assistance Program (FMA) relating to the minimization and/or elimination of flood hazards to structures located within the regulatory floodway of Tributary PEC-4, a tributary of Pecan Creek in central Denton, a copy of such contract being attached hereto and made a part hereof for all purposes SSECTION II That this ordinance shall become effective immediately upon its passage and approval ��77 PASSED AND APPROVED this the �� �' day of 1999 -C: JACtNVLLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY I . b)j)jq,7qP--1-4� APPR ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY /L1i i STATE OF TEXAS a ContractNo 99-001-027 COUNTY OF TRAVIS Mitigation Assistance t Grant This Contract (hereinaft CT') is entered into by and between the TEXAS WATER DEVELOPMENT BOARD (hereinafter "BOARD"), serving as Grantor for the Federal Emergency Management Administration's (hereinafter "FEMA") Flood Mitigation Assistance program (hereinafter °FMA") and CITY OF DENTON (hereinafter "CONTRACTOR"), the Grantee This CONTRACT is composed of two parts Section I containing the specific conditions and exceptions to the standard agreement and Section II containing the standard agreement The terms and conditions set forth in Section I will take precedence over terms and conditions in Section II SECTION I SPECIFIC CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT ARTICLE I DEFINITIONS For the purposes of this CONTRACT, the following terms or phrases shall have the meaning ascribed therewith A BOARD - The Texas Water Development Board, or its designated representative B CONTRACTOR — City of Denton C EXECUTIVE ADMINISTRATOR - The Executive Administrator for the BOARD or his designated representative D PARTICIPANT(S) — City of Denton E REQUIRED INTERLOCAL AGREEMENT(S) — None F FEMA APPROVAL DATE — September 11, 1998 G BOARD APPROVAL DATE —February 17, 1999 H PROJECT AREA - The project area is more specifically defined in Exhibit B (the original grant application), I DEADLINE FOR CONTRACT EXECUTION — May 19, 1999 J CONTRACT EFFECTIVE DATE - September 11, 1998 K PROJECT COMPLETION DATE - September 30, 1999 L TOTAL PROJECT COSTS - $196,087 M FEDERAL SHARE OF THE TOTAL PROJECT COSTS -Not to exceed $ 147,065 or seventy-five percent (75%) of the total project costs N LOCAL SHARE OF THE TOTAL PROJECT COSTS - $ 49,022 cash contribution $ - 0 - of in -kind services or twenty-five percent (25%) of the total project costs 0 VOUCHER SUBMISSION SCHEDULE - Monthly P OTHER SPECIAL CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT OF THIS CONTRACT - Exhibit C Requirements for Property Acquisition Projects IN WITNESS WHEREOF, the parties have caused this CONTRACT to be duly executed in multiple originals TEXAS WATER DEVELOPMENT BOARD T9fnmy Knowles') � ' Deputy Exewlt Administrator Office of Planning Date CITY OF DENTON Y Mike Jez U ' City Manager City of Denton /�Q Date 3_� _ 7 7 2 SECTION 11 STANDARD AGREEMENT ARTICLE I RECITALS WHEREAS, the CONTRACTOR applied through the BOARD 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, WHEREAS, the CONTRACTOR and PARTICIPANTS will commit cash and/or in -kind services, to pay for the LOCAL SHARE OF THE TOTAL PROJECT COSTS, WHEREAS, the CONTRACTOR is the entity who will act as administrator of the grant and will be responsible for the execution of this CONTRACT, WHEREAS, on the FEMA APPROVAL DATE, FEMA approved the CONTRACTOR's application for financial assistance, NOW, THEREFORE, the BOARD and the CONTRACTOR agree as follows ARTICLE II. AGREEMENTS Thel United States of America, through the Director of FEMA, has agreed to fund to the CONTRACTOR, through the BOARD, the FEDERAL SHARE OF THE TOTAL PROJECT COSTS By acceptance of the funds awarded, the CONTRACTOR agrees to abide by the terms and conditions of this CONTRACT as set forth in this document and the documents identified therein and made a part hereof by reference, including the federal laws and rules listed in Attachment A ARTICLE III. PERIOD OF PERFORMANCE Thel period of performance of this CONTRACT shall be from the CONTRACT EFFECTIVE DATE to the PROJECT COMPLETION DATE, unless otherwise amended ARTICLE IV. FEDERAL LAWS AND RULES THAT APPLY FEMA requires all grant recipients to comply with federal laws and rules These federal laws and rules are listed in Exhibit A, which is incorporated herein and made a permanent part of this CONTRACT CONTRACTOR will comply with all federal laws and rules listed in Exhibit A Copies of those federal laws and rules are available upon request ARTICLE V TERMS AND CONDITIONS The specific terms and conditions of this CONTRACT are as follows The BOARD shall reimburse the CONTRACTOR for costs determined by FEMA to be allowable, allocable, and reasonable in accordance with OMB Circular A-87 2 To request reimbursement hereunder, the CONTRACTOR shall submit a original Standard Form 270 (FEMA Form 20-17), Request for Reimbursement Form, and a original (FEMA Form 20-10), Financial Status Report Form, to the BOARD's contract manager for this CONTRACT Each voucher shall show the CONTRACT NUMBER, costs for the billing period, and costs to date 3 The CONTRACTOR shall follow prior approval requirements found in 44 CFR Part 1330 4 The grant is conditioned upon compliance with the National Environmental Policy Act (NEPA) and related legislation as implemented under 44 CFR Part 10 such that the CONTRACTOR is precluded from drawing federal funds beyond administrative activities, preliminary feasibility studies or preliminary design/engineering for individual projects until the environmental and historic preservation reviews are complete and approved by FEMA CONTRACTOR is encouraged to integrate NEPA compliance with the initial planning and decision making process for this program 5 The CONTRACTOR shall follow matching or cost sharing requirements found in 44 CFR Part 13 24 6 The CONTRACTOR shall transfer to the BOARD, for return to FEMA, the appropriate share, based on the Federal support percentage, of any refund, rebate, credit or other accounts arising from the performance of this CONTRACT, along with accrued interest, if any The CONTRACTOR shall take necessary action to effect prompt collection of all monies due or which may become due and to cooperate with the BOARD and FEMA in any claim or suit in connection with the amounts due 7 Pnor to the start of any construction activity, the CONTRACTOR shall ensure that all applicable Federal, State, and local permits and clearances are obtained 8 The CONTRACTOR is free to copyright any original work developed in the course of or under this CONTRACT The BOARD and FEMA reserve a royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for governmental purposes Any publication resulting from work performed under this CONTRACT shall include an acknowledgement of FEMA financial support and a statement that the publication does not necessarily reflect the views of FEMA or the BOARD No subsequent grants/cooperative agreements, monetary increase amendments or time extension amendments will be approved unless all overdue financial or performance reports have been submitted by the CONTRACTOR to the BOARD Exceptions to this policy can by approved only by the Assistance Officer at FEMA ARTICLE VI DISTRIBUTING GRANT FUNDS The BOARD will reimburse the CONTRACTOR in a total amount not to exceed the FEDERAL SHARE OF THE TOTAL PROJECT COSTS identified in Section I of this CONTRACT The CONTRACTOR will contribute local matching funds in sources and amounts defined as the LOCAL SHARE OF THE TOTAL PROJECT COSTS The CONTRACTOR shall submit vouchers and documentation for reimbursement billing in accordance with the VOUCHER SUBMISSION SCHEDULE For all billings including any subcontractor expenses, the EXECUTIVE ADMINISTRATOR must have provided written approval of REQUIRED INTERLOCAL AGREEMENT(S) and contracts or agreements between the CONTRACTOR and subcontractor The CONTRACTOR is fully responsible for paying all charges by subcontractors prior to reimbursement by the BOARD 3 The CONTRACTOR and its subcontractors shall maintain satisfactory financial accounting documents and records, including copies of invoices and receipts, and shall make them available for examination and audit by the EXECUTIVE ADMINSTRATOR Accounting by the CONTRACTOR and its subcontractors shall be in a manner consistent with generally accepted accounting principles 4 A progress report and the following documentation which documents the TOTAL PROJECT COSTS incurred to date shall be submitted by the CONTRACTOR to the EXECUTIVE ADMINISTRATOR for reimbursement billing A CONTRACTOR's VENDOR IDENTIFICATION NUMBER, B 'rWDB Contract Number; C Total expense for the billing period, D Copies of all invoices and receipts for costs incurred to date, E Total In -Kind Services, F Total In -Kind Services for this billing period G Total Local Share monies paid for this billing period H Total FEDERAL SHARE OF TOTAL PROJECT COSTS for the billing period, I Total costs to be reimbursed by the BOARD for the billing period, and J Certification, signed by the CONTRACTOR's authorized representative, that the 5 expenses submitted for the billing period are a true and correct representation of amounts paid for work performed directly related to this CONTRACT For direct expenses incurred by the CONTRACTOR for outside consulting services, billing shall include copies of invoices to the CONTRACTOR showing the tasks that were performed, the percent and cost of each task complete, a total cost figure for each direct expense category, including labor, fringe, overhead, travel, communication and postage, technical and computer services, expendable supplies, printing and reproduction, the total dollar amount paid to the consultant, and evidence of payment by the CONTRACTOR 6 After reviewing and approving the progress report and the documentation required in Item #4, above, the BOARD will reimburse CONTRACTOR for 75% of the incurred costs for that period as long as the total amount reimbursed to date does not exceed the FEDERAL SHARE OF THE TOTAL PROJECT COSTS ARTICLE VII FINANCIAL REPORTS The CONTRACTOR shall submit an original and three (3) copies of the Financial Status Report Form 269 (FEMA Form 20-10), to the BOARD's contract manager within thirty (30) days following the end of each quarter of the project with the exception of the final Financial Status Report, which shall be due ninety (90) days after project completion All other reporting requirements in accordance with Section 8 of the General Provisions for Grants and Cooperative Agreements, Exhibit C, are applicable ARTICLE VIII PERFORMANCE REPORTING Quarterly The CONTRACTOR shall submit an original and three (3) copies of the quarterly Performance report (FEMA Form 20-22, Narrative Report Form) and any supporting documentation to the BOARD's contract manager within thirty (30) days following the end of each quarter All other reporting requirements in accordance with Section 9 of the General Provisions for Grants and Cooperative Agreements are applicable 2 Final Report The CONTRACTOR shall submit an original and three (3) copies of a final report (FEMA Form 20-22, Narrative Report Form) and any supporting documentation which details all the work performed under the CONTRACT The report shall be submitted within three (3) months of project completion ARTICLE IX NO DEBT AGAINST THE STATE This CONTRACT shall not -be construed as creating any debt by or on behalf of the State of Texas and the BOARD, and all obligations of the State of Texas are subject to the availability of funds To the extent the performance of this CONTRACT transcends the biennium in which this CONTRACT is entered into, this CONTRACT is specifically contingent upon the continued authority of the BOARD and appropriations therefor ARTICLE X INSURANCE For the purposes of this CONTRACT, the CONTRACTOR will be considered an independent contractor and, therefore, solely responsible for liability resulting from negligent acts or omissions The CONTRACTOR shall obtain all necessary insurance, in the judgment of the CONTRACTOR, to protect itself, from liability arising out of this CONTRACT ARTICLE XI. SEVERANCE PROVISION 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) shall be construed as severable from the remainder of this CONTRACT and shall not affect the validity of all other provisions of this CONTRACT which shall remain in full force and effect ARTICLE XII SUSPENSION AND TERMINATION PROCEDURES If the CONTRACTOR fads to comply with the terms, conditions or standards of this CONTRACT, the BOARD may, upon written notice, temporarily suspend reimbursement payments pending corrective action by the CONTRACTOR or terminate the CONTRACT Necessary ALLOWABLE COSTS that the CONTRACTOR could not reasonably avoid incurring during the period of suspension or after termination will be reimbursed pursuant to this CONTRACT 7 In addition, this CONTRACT may be terminated if both parties agree that the continuation of the protect would not produce beneficial results commensurate with the further expenditure of funds If termination of the CONTRACT occurs, the procedures described in Item #11 of the Federal Emergency Management Agency General Provisions for Grants and Cooperative Agreements, Exhibit C, which is incorporated into this CONTRACT, will be followed ARTICLE XIII CORRESPONDENCE, REPORTS, AND BILLINGS All correspondence, reports, and billings related to this CONTRACT shall be made to the following addresses For the BOARD Mr Craig D Pedersen Executive Administrator Texas Water Development Board P O Box 13231, Capitol Station Austin, Texas 78711-3231 Attention Mr Gilbert Ward Contract Manager Office of Planning 3 For the CONTRACTOR Mr Jerry Clark, P E Director of Engineering & Transportation 221 N Elm Street, City Hall West Denton, Texas 76201 Exhibit A Federal Laws and Rules FEMA, through its Grant Agreement with the Texas Water Development Board, requires all grant recipients to comply with the following federal laws and rules 1 44 CFR, Part 13 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2 44 CFR, Part 7 Nondiscrimination in Federal Assistance Programs 3 44 CFR, Part 10 Environmental Considerations 4 44 CFR, Part 14 Administration of Grants Audits of State and Local Governments 5 44 CFR, Part 17 Government -wide Debarment and Suspension (non -procurement) and Government -wide Requirements for Drug -Free Workplace 6 44 CFR, Part 18 New Restrictions on Lobbying 7 44 CFR, Subchapter B - Insurance and Hazard Mitigation 8 44 CFR, Subchapter C - Fire Prevention and Control 9 44 CFR, Subchapter D - Disaster Assistance 10 44 CFR, Subchapter E - Preparedness 11 44 CFR Section 205 6 - Funding Techniques 12 Public Law 95.224 - Federal Grant and Cooperative Agreement Act of 1997 13 Public Law 101-336 - The Americans With Disabilities Act 14 Executive Order 12372 - Intergovernmental Review of the Federal Emergency Management Agency Programs and Activities 15 OMB Circular A-102 - Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments 16 OMB Circular A-87 - Cost Principles for State and Local Governments 17 OM8 Circular A-110 - Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations 18 OMB Circular A-21 - Cost Principles for Educational Institutions 19 OMB Circular A-133 - Audits of Institutions of Higher Education and Other Non -Profit Organizations 20 OMB Circular A-122 - Cost Principles for Non -Profit Organizations 21 OMB Circular A-123 - Internal Control System 22 OMB Circular A-50 - Audit Follow-up 23 FEMA Manual 2700 1 - Advance Financing Payment Systems EXHIBIT B Original Project Grant Application �R FLOOD MITIGATION ASSISTANCE (FMA) PROGRAM PROJECT GRANT APPLICATION ."---_�_ III 1. Name of Applicant (legal nature of entity): City of Denton, Texas J N 1) 1998 F°CiGVaL Pl,44NINQ 1. Address (Street, City, Zip): Engineering and Transportation Dept &,NcjE�g 221 N Elm Street Denton, Texas 76201 3. Is the applicant a current (not on probation ) NFIP participating community? (Yes or No) yes , and what is the CRS rating of the applicant? 8 NFIP Community Number 480194 4. Point -of -Contact or Official Representative (Name and Title):Dir. ofJerry lEng. & Transportation 5 Phone Number: (940) 349-8358 6. Fax Number: (940) 349-8376 7. Demonstrate that the applicant has the legal authority to plan for and control flooding, and has toning and building code jurisdiction over the project area: The project area falls completely within the City limits of Denton, Texas 8. Project Narrative (provide the project narrative on separate pages as an attachment): Describe the need and the objectives of the proposed project, the approach, results or benefits of the project, and the proposed project schedule (also provide a map indicating the project location, relation to the 100-year flood plain, and the area effected by the project) Include such information as the number of structures effected by the project, evidence of the nature of repetitive losses to the structures over the past 10 years, demonstrate the project will result in a long-term solution to the problem and/or a decrease in NFIP related claims, refer to the Flood Mitigation Plan, is the proposed project in conformance, is there a multi -objective purpose to the project, etc. 9. Please provide the following as attachments to the application: hm Provided YV or no?l A a nts Flood Mitigation Plan (or equivalent) Yes Cost -Benefit Analysis See Narrative Federal Standard Form 424 Yes Environmental Questionnaire See Narrative Evidence of Local Financial Participation See Application Project narrative from 97 above Yes 10. Estimated Cost of Proposed Project. $196,087 11. FEMA Funding Requested. $ 147,065 12. How Does Applicant Propose to Finance Non -Federal Share of Project? Misc. drainage funds from the Capital Improvements Program and from General Funds 13. Has applicant ever received an +-AL4 project grant before P Yes Ifso, when? 1997 Amount? $46, 670 14. Sign at e: IS. Title: Rick Svehla, Deputy City Manager 1& Date- June 18, 1998 Please return completed application form and necessary attachments to: Texas Water Development Board Attn. Ms. Phyllis Lightner -Gaynor 1700 N. Congress Avenue P.O. Box 13231 Austin, Texas 78711-3231 APPLICATION FOR OMB Approval No 0348-0043 FEDERAL ASSISTANCE 2 DATE SUBMITTED Applicant Identifier June 19, 1998 1 TYPE OF SUBMISSION 3 DATE RECEIVED BY STATE State Application Identifier A plicatlon Preappliostion 4 DATE RECEIVED BY FEDERAL AGENCY Federal Identifier [Z Construction ❑ Construction El Non -construction 13 Non -Construction 6 APPLICANT INFORMATION Legal Name Organizational Unit City of Denton, Texas Engineering & Transportation De Address (give city, county, State, and zip code) Name and telephone number of person to be contacted on matters Involvin 221 N Elm Street, City Hall West this application (give area code) Denton, Texas 76201 Jerry Clark, P E (940) 349-8358 6 EMPLOYER IDENTIFICATION NUMBER (EIN) 7 TYPE OF APPLICANT (enter appropriate letterin box) ❑ C 7 5-16 0 0 10 15 1 1 4 School Dist A State H Independent 8 County I State Controlled Institution of Higher Learning 8 TYPE OF APPLICATION ® New ❑ Continuation ❑ Revision C Municipal J Private University D Township K Indian Tribe If Revision, enter appropriate lefter(s) in box(es) E Interstate L Individual F Intermunicipal M Profit Organization A Increase Award S Decrease Award C Increase Duration G Special District N Other (Specify) D Decrease Duration Other(apeeity) 9 NAME OF FEDERAL AGENCY FE4A 10 CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER. 11 DESCRIPTIVE TITLE OF APPLICANTS PROJECT F87 3— 5 3 6 Pecan Creek & Tributaries TITLE Flood Mitigation Assistance Property Acquisition Program 12 AREAS AFFECTED BY ROJECT(C1110A Counties, States, etc) City of Denton 13 PROPOSED PROJECT 14 CONGRESSIONAL DISTRICTS OF Start Date Ending Date a Applicant b Project 8/98 12/99 4, 13, 26 13 16 ESTIMATED FUNDING 16 IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a YES THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 a Federal $ 147,065 b Applicant $ 49,022 PROCESS FOR REVIEW ON c State $ DATE d Local $ b No 0 PROGRAM IS NOT COVERED BY E O 12372 ® OR PROGRAM HAS NOT BEEN SELECTED BY STATE e Other $ FOR REVIEW f Program Income S 17 IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? []yes If "Yes," attach an explanation ® No g TOTAL $ 196,087 18 TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED a Type Name of Autpoltzillidl Representative b TNe Deputy City Manager C Telephone Number (940) 349-8307 Rick SvgXla d Signature of ulhorize race va a Date Signed June 18 1998 v A Previous Edition Usable Authorized for Local Reproduction Standard Form 424 (Rev 1-110 Prescribed by CMB Circular A-102 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o S o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N Z 0, m O m N N _ E m B a.2 H v 0 co 0 o 0 00 00 0000Ln Ln in 0 0 0 0 0 0 O 0% N .-+ 00 :O �-+ M N m a d 14 S S S S S S S S S S S S S S S S a a m r 0 0 C U y`O X T C y O fps � 8 Vf fA 19 M! fq M 4! fA f9 t/! 69 Vi Nf f9 M 2 S S S S S S S S S S S S S S S S c, O L" Z U LL Yi � z py 8 8 O N ~ W LL m O co O O O 00 OLn in O O O 0 c O V.fir .Nr y N 00 W Z .�i F en t4 eq w en w w as Fn e» en to IesI fa rA xs W O a a m u � N a g N °f _LD S yg d a LL L N 8 0 xd c ° N r m ° E 0 r U w12 c U C N N N C N N d y C W i g� r-1 0 `� O E L) F 0) OLL N 9 N Ol C E d EE Ucm LU ¢ c ¢ ° d d C L t�i o V c �' a N N ~ p) ~ n 0. N L. 0) m m 3 o N a y m c m � m 0 L U O Cl L N N O C7 N O U O fn O` O_ O h 0 C.N. O �11 Q O d O U W O LL U W ZO N M V N <O ! mf• W O) `: zo a FLOOD MITIGATION ASSISTANCE PROGRAM PROJECT GRANT APPLICATION CITY OF DENTON, TEXAS Project Narrative PROJECT OBJECTIVES This project is designed to aid in minimization and/or elimination of flood hazards to structures located within the regulatory floodway of Tributary PEC-4, a tributary of Pecan Creek in central Denton Three structures have been targeted for acquisition and demolition These structures are among those identified in the Flood Mitigation Plan prepared in 1997-1998 for the City of Denton for removal Based on a Master Drainage Study conducted for the City of Denton in 1996, these residential structures are subject to damage in a 10-year storm In fact, while a 10-year storm was the smallest evaluated in that study, the results indicate that the subject homes are at risk of flood damage in significantly less than a 10-year storm In addition to the existing risk, the referenced study proposed future channel improvements that would require removal of each of the subject structures Elimination of flooding risk and accommodation of future drainage improvements is the ultimate objective of this project Maps are attached showing the location of the project, the floodplain, and the subject structures PROJECT APPROACH City staff will approach the affected property owners with an offer to purchase the subject properties The City will negotiate with the property owner in good faith, without threat of condemnation or other mandatory compliance Because relocation assistance will be offered , the project budget includes some relocation money PROJECT BENEFITS This project provides benefits in a number of ways First, removal of the structures from the floodway will eliminate an obstruction to flow, and will provide the necessary space for future channel construction In addition, because the structures are subject to flood risk in a relatively frequent storm event, potential claims to the NFIP are ehminated Finally, because these structures are in the floodway, substantial reconstruction or remodeling cannot be undertaken without raising the floor above the base flood elevation or floodproofing Both measures are frequently at best cost prohibitive and at worst, physically impossible COST EFFECTIVENESS The Denton County Appraisal District (DCAD) value of each of the designated properties is indicated in the table below Both the total property value (for acquisition purposes) and the improvements value (for repair and/or replacement purposes) is shown In addition, given that FEMA guidelines define substantial improvement as those whose cost exceeds 50% of the value of the structure prior to damage, the table shows the level of flood damage that would trigger prohibited improvements, rendering the property virtually worthless Total DCAD Appraised Value DCAD Appraised Structure Value 50$ of Structure Value 301 W Sycamore $41,089 $30,575 $15,288 300 Stroud $70,067 $58,185 $29,092 215 Stroud 1 $28,431 1 $17,415 $8,707 If these structures are not removed, and flood damage occurs at or above the cost levels shown in the table, there is a strong liklihood that repairs will not be made This will result in abandoned structures or unsafe living conditions, and the obstruction to flow will continue to exist PROJECT SCHEDULE Property acquisition and demolition will take place between August 1998 and December, 1999 ENVIRONMENTAL CONSIDERATIONS The project consists of acquisition of several properties, and demolition of the residential structures situated on the lots As such, the project is categorically excluded from Environmental Assessment requirements The project is situated along a concrete lined channel, designated as Tnb PEC-4 It is upstream of channel improvements soon to be underway on PEC-4 That channel improvement project will be constructed under the authority of a Nationwide 26 permit (No 199800284) issued by the US Army Corps of Engmeers The Corps has reviewed that construction project and determined that there is mimmal environmental imapct Significant impacts require application for an Individual Permit OMB Approval N , OJ4 , 0042 ASSURANCES - CONSTRUCTION PROGRAMS ublic reporting burden for this collection of information is estimated to average 15 minutes per response Including time for review structions searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection formation Send comments regarding the burden estimate or any other aspect of this collection of Information Including suggestions Iducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503 LEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET END IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY NOTE Certain of these assurances may not be applicable to your project or program If you have questions, please contact the Awarding Agency Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances, If such is the case, you will be notified As the duly authorized representative of the applicant, I certify that the applicant. Has the legal authority to apply for Federal assistance, 8 Will comply with the Intergovernmental Personnel Act and the Institutional, managerial and financial capability of 1970 (42 U S C §§4728-4763) relating to prescribed (Including funds sufficient to pay the non -Federal share standards for ment systems for programs funded of project) costs) to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of the project described In Appendix A of OPM's Standards for a Merit System of this application Personnel Administration (5 C F R 900, Subpart F) Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance and will establish a proper 'accounting system in accordance with generally accepted accounting standards or agency directives I Will not dispose of, modify the use of, or change the terms of the real property title, or other Interest In the site and facilities without permission and instructions from the awarding agency WIII record the Federal interest in the tide of real property in accordance with awarding agency directives and will Include a covenant in the title of real property squired In whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project 4 Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications 5 Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State 6 WIII initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency 7 Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U S C §§4801 at seq ) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures 10 WIII comply with all Federal statutes relating to non- discrimination These include but are not limited to (a) Title VI of the Civil Rights Act of 1964 (P L 88-352) which prohibits discrimination on the basis of race, color or national origin, (b) Title IX of the Education Amendments of 1972, as amended (20 U S C §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex, (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U S C §794), which prohibits discrimination on the basis of handicaps, (d) the Age Discrimination Act of 1975, as amended (42 U S C §§6101-6107), which prohibits discrimination on the basis of age, (a) the Drug Abuse Office and Treatment Act of 1972 (P L 92-255) as amended, relating to nondiscrimination on the basis of drug abuse, (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P L 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U S C §§290 dd-3 and 290 as 3), as amended, relating to confidentiality of alcohol and drug abuse patient records, (h) Title VIII of the Civil Rights Act of 1968 (42 U S C §§3601 at seq ) as amended, relating to nondiscrimination in the sale, rental or financing of housing, (1) any other nondiscrimination provisions in the specific statute(s) underwhich application for Federal assistance is being made, and, Q) the requirements of any other nondiscrimination statute(s) which may apply to the application Standard Form 4240 (Rev 7 97) revious Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A 102 11 Will comply, or has already complied with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P L 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases 12 Will comply with the provisions of the Hatch Act (5 U S C §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds 13 WIII comply, as applicable, with the provisions of the Davis - Bacon Act (40 U S C §§276a to 276a-7) the Copeland Act (40 U S C §276c and 18 U S C §874), and the Contract Work Hours and Safety Standards Act (40 U S C §§327- 16 333) regarding labor standards for federally -assisted construction subagreements 14 Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 17 (P L 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of Insurable construction and acquisition is $10,000 or more 15 WIII comply with environmental standards which may be prescribed pursuant to the following (a) institution of environmental quality control measures under the ring and Transportation Department Elm Street, City Hall West National Environmental Policy Act of 1969 (P L 91- 190) and Executive Order (EO) 11514, (b) notification of violating facilities pursuant to EO 11738, (c) protection of wetlands pursuant to EO 11990, (d) evaluation of flood hazards in floodplains in accordance with EO 11988, (a) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 US C §§1451 at seq), (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 US C §§7401 at seq ), (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P L 93.523), and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P L 93.205) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U S C §§1271 at seq ) related to protecting components or potential components of the national wild and scenic rivers system WIII assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U S C §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U S C §§469a-1 at seq ) 18 WIII cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No A-133, "Audits of States, Local Governments, and Non -Profit Organizations " 19 WIII comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program Deputy City Manager TE June 18, 1998 SF-424D (Rev 7 97) Back I ZONE X W W N s ZONE X Pee-" ZONE X ZONE X X Er KEY TO NUMBERED STREETS ALLEN STREET 16 BLOUNT STREET 5 COOK STREET 14 CROSS TIMBER STREET 17 FERGUSON STREET 3 HANN STREET INDUSTRIAL STREET B JACKSON STREET 10 KENT STREET 6 MADDOX STREET 11 MILL STREET 15 MINGO ROAD 4 PAULINE STREET 2 RAILROAD AVENUE 7 ROBERTSON STREET 12 SKINNER STREET 13 CITY OF DENTON 480194 A-- LONDON 33011 15 9To07 30 Refer to the FLOOD INSURANCE RATE MAP EFFECTIVE DATE Shown on this map to determine when actuarial rates apply to Structures in zones where elevations or depths have been established To determine if flood insurance Is available contact an insurance agent or call the National Flood Insurance Program at (800) 638-6620 AO� APPROXIMATE SCALE IN FEET 1000 0 1000 NATIONAL FLOOO INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP DENTON COUNTY, TEXAS AND INCORPORATED AREAS PANEL 360 OF 750 (SEE MAP INDEX FOR PANELS NOT PRINTED) CONTAINS COMMUNITY NUMBER PANEL SUFFIX DENTON COUNTY UNINCORPORATED AREAS 4807T4 0360 E DENTON CITY OF 480194 0360 E MAP NUMBER 48121CO360 E EFFECTIVE DATE APRIL 2,1997 Federal Emergency Management Agency N ZONE X I LINDSEY i646 STREET z 6 EMERY North �p,?i STREET pecan ZONE X Creek 0 W N THIRD AE STREET n W w N O J Q N 7a116 o a n O Cu erR o Pecan Cm RM12SGREGG MCKINPSCS D PECAN ZONE X srRbuo� O w (� U w a MAPLE DRIVE U ro J PRAIRIE Stream N VE X 7 ZONE )NE X RUTH �9S QG N V O SMITH I STREET I � DA UG HERTY STREET � o i � Q KEY TO NUMBERED STREETS z ALLEN STREET 16 BLOUNT STREET S 0 0 J W ' a N Z 0 Diversion Pec-4B OZONE X Dtueratorz Pec-lC ZONE X I Diversion Pec-4A ZONE X ZONE X 61 2~7 I4041 404m 201; 311. 2 I Y F r 00 2 A LfffI 511b11 f i7 J U C p Z9 � © 204 1 1 11 405 17 L�' Z20 1 es • M M 10 • M a 2 3oa12 v 1 4 1 8 10 0 010210 2 2 �% " e 3 2 2 [] MGM 201 1l x 9 2 1 7 1, I 221 I I _e If y� 1 1° 118 1 9 F1 1 1 ❑ C ] air, ❑ 0 n ❑ ®0 i w 313 -- 14 01 J317 "r 321 401 1 i i EXHIBIT C FEMA's General Provisions for Grants and Cooperative Agreements Guidelines for Acquisition Projects FEMA Form 20-22—Narrative Statement FEMA Form 20-17—Outlay Report and Request for Reimbursement FEMA Form 20-10—Financial Status Report FEDERAL EMERGENCY MANAGEMENT AGENCY GENERAL PROVISIONS FOR GRANTS AND COOPERATIVE AGREEMENTS General Provisions The general provisions which are based upon the requirements of the Office of Management and Budget C, culars A-102 and A-110 are set forth in this section and shall be used verbatim in all Discretionary awards (1) Definitions (1) The term "Recipient" refers to the grantee if the legal instrument to which these General Prov sions apply is a grant and to the cooperating party if they apply to a cooperative agreement (2) The term Instrument" refers to either a grant or a cooperative agreement (3) The term Assistance Officer" (AO) refers to the individual delegated the authority by FEMA t execute andlor administer this instrument (2) Amendments This instrument may be amended at any time by a written modification Amendments which reflect the rights ar obligations of either party shall be executed by both the Government and the recipient Administrative amen ments that do not change the Project Description or impact cost or delivery may be issued unilaterally by the A( (3) Cash Depositories (1) Any money advanced to the recipient under the terms of this instrument must be deposited a banK with Federal Deposit Insurance Corporation (FDIC) insurance coverage and the balance exceeding v FDIC coverage must be collaterally secured (2) Consistent with the national goal of expanding opportunities for minority business enterpnse the recipient and its subrecipients are encouraged to use minority banks (a bank which is owned at least 50 pi cent by minority group members) A list of minority owned banks can be obtained from the Office of Minority Busine Enterprise, Department of Commerce, Washington. D C 20230 (4) Retention and Custodial Requirements for Records (1) Financial records, supporting documents, statistical records and all other records pertinent to ti instrument shall be retained for a period of three years with the following exceptions (1) If any litigation claim or audit is started before the expiration of the 3-year period the recoi shall be retained until all litigation claims or audit findings involving the records have cash resoivea (a) Records for nonexpenaable oroperry, if any, requires with Feaerat tunas shall be retatr ,or theee vears after its finai disposition (iii) When records are transierrea to or maintainea c, FExdA the 3 vear retention reauirem s not aopllcaale to the rectaient (2) The retention oenoc starts from the date of the suomission or the final exoenotture reocrt (3) The recipient may be authorized by the AO to substitute mtcronim copies far anginal records (4) FEMA will request transfer of certain records to its custody from the recipient when it determines that the records possess tong -term retention value The recipient shall make sucn transters as requested However ,o avoid euoucate recordkeeping, FEMA may make arrangements with the recipient to retain records at the point of use for those that are continuously needed during the progress of the work (5) The Director or FEMA ano the Comptroller General of the United States or any of their duly author zed reoresentatives shall have access to any pertinent books, documents, papers and records of the recipient and its subcontractors, to make audits examinations, excerpts and transcripts (9) Allowable Cost (1) For the performance of the work under this instrument, FEMA shall pay the recipient The cost (hereafter referred to as "ailowaole cost") determined by the AO to be allowable ailocabte and reasonable in accordance with the following and with the terns of this instrument (1) For colleces and universities OMB Circular A-21 (FMC 73 8), (2) For State and local governments OMB Circular A-87 (FMC 7 4-a), (3) For other nonprofit organizations OMB Circular A-122 (Federal Procurement Regulations Par 15 Subpart 2 ), (4) For all other recipients Federal Procurement Regulations Part 15 Subpart 2 (6) Program Income (1) - Program income is gross income earned by the recipient from Federally supported activities Suc earnings exclude interest earned on advances and may include, but will not be limited to, income from servic fees, and royalties on patents and copyrights (2) Interest earned on advances under this instrument shall be remitted to FEMA except for inters earned on advances to recipients wno are States or instrumentalities of a State as provided by the Intergover mental Cooperation Act of 1968 (P L 90.577) or tribal organizations pursuant to Section 102, 103, or 104 of t, Indian Self -Determination Act (P L 93.638) (3) The recipient shall account for all program income which results from this instrument (4) Proceeds from the sale of real or personal property either provided by the Federal govemme or purchased in whole or in part with Federal funds shall be handled in accordance with the General Proviso entitled "Property Management Standards " (5) Unless provided otherwise in this instrument, the recipient shalt have no obligation to the Feds government with respect to royalties received as a result of copyrights or patents produced under this instrume (6) All other program income earned during the project period shall be retained by the recipient a unless stated otherwise in this instrument shall be deducted from the total project costs in determining the costs on which the Federal share of costs will be based (7) Financial Management Systems The rectment shall maintain a financial management system that provides for the following (1) Accurate current and comotete disclosure of the financial results of this instrument in accoroa Nita ine General Provision entitled a nancial Reoomng Reauvements 2 (2) Records tnat taenitty aaeauateiv the source ana aopucation of tunas tar Federally supportea a. ivnies, These records snail contain information ceruuning to Fecerai awards authorizations obltgations unoctigate cafances assets. outlays and income (3) Elective control over and acccuntaodity for all tunas propenv and other assets tal A comeanson of actual outlays with buagetea amounts ana the reiationsnip of specnic pert mance to costs incurred (5) Procedures to minimize the time elapsing oetween the transfer of tunas to the recipient ar disbursement by the recipient wnen aavances or letters -of -cream are used (6) Procedures tar determmina reasonableness allow odity and allocabdity of costs In accordant .vith the provisions of the aopucabia Federal cost pnnc.ples and the terms of this Instrument M Accounting records that are supported by source documentation (8) Examinations in the form of audits including internal audit Such audits snail be made by quelihe indrvicuals who are sufficiently Independent of those who authorize the expenditure of Federal funds to produc unorasec opinions, conclusions or judgments They snail meet the Independence criteria set forth in Chapter °art 3 of the U S General Accounting Office puahcation Standards for Audit of Government Organization =rograms Activities. and Functions " These examinations are intended to ascertain the effectiveness of the tmanc management systems and internal procedures that have been established to meet the terms and conditions the instrument It is not Intended that each Federal Agreement awarded to the recipient be separately examined Generally, e animations shall be conducted on an organization -wide basis to test the fiscal integrity of financial transaction as wail as compliance with the terms and conditions of Federal Agreements Such tests shall Include an appropna sampling of Federal Agreements. Examinations shall be conducted with reasonable frequency, on a continuer basis or at scheduled intervals, usually annually, but not less frequently than every two years The frequency these examinations shall depend upon the nature, size and the complexity of the activity The examinations c not relieve Federal agencies of their audit responsibilities but may affect the frequency and scope of such auet (See General Provision entitled, "Audit Requirements" for more detailed requirements for A-102 recipients The recipient shall make the results of such audits available to the Government upon request andlor with t lmal voucher submitted under grants or cooperative agreements (9) A systematic method to assure timely and appropriate resolution of audit findings a recommendations The �reciptent shall require its subrecipients to adopt the standards above except for the requirements in st paragraph (5) regarding the use of the letters-cf-credit method and that part of subparagraph (1) regarding repo ing forms and frequencies prescribed in the General Provision entitled, "Financial Reporting Requirements (8) Financial Reporting Requirements (1) Recipients shall submit an anginal and two copies of Financial Status Report (Standard Form 2 30 days attar the completion of seen quarter of the project with the exception or a final Financial Status Rep wnich snail be cue 90 days after project completion All reports should be oreoarea on an accrual basis howev if the recieient's accounting records are not normally kept on the accrual basis t^e recipient shall not oe requi to convert its accounting system but shall develop such information through best estimates based on an anaty of the aecumentation on hand Reoons should be submitted to the AO (2) In the event INS Instrument oroviees for aavances to the fec,c'ant me fec,oiem snail suomn -nainai ano two comes of a Feaerai Cash Transactions Recon (Stancara cc..n 2-2) 15 worKina days tciiow ^e end ct each duarter 3 (3) The recipient snail use the neauesr wr nuvanua u1 IQLanuaru rurm Kiwi wiRfn a Letter of Credit is not autrionzea by this instrument An original and two caritas snail be submitted not more often than monthly to the designated office (9) Monitoring and Reporting Program Performance (1) Recipients snail constantly monitor their penonnance uncer this grant or cooperative agreement to assure that time schedules are being met projecteo worx units by time periods are being accomplished. ano other cenorrnance goals are being acnieved This review snail be made for each program function or activity in accordance with the requirements set forth in the Schedule (2) Recipients shall submit a ouarteriv report which includes a oriet summary of progress to date a descndtion or any problem that may impede pertorinance along with proposed corrective action, schedule status of worx for suossauent months and the Financial Status Report (or request for advance or reimbursement if usea in lieu of the Financial Status Report) required by the General Provision entitled "Financial Reporting Requirements" The report is to be submitted by the 15th day after the end of eacn 3 month period No report need be submitted for the final 3 months as they will be covered by the final progress review ano/or report which will be submtttee 3 months after protect completion (3) Between the reautred performance reporting dates. events may occur that have significant im pact upon the project or program In such instances the recipient shall inform the AO and program office as soar as the following types of conditions become known (i) Problems delays or adverse conditions that will materially affect the ability to attain pro gram objectives, prevent the meeting of time schedules and goals. or preclude the attainment of protect war, units by established time penods. This disclosure shall be accompanied by a statement of the action taken, c contemplated, and any Federal assistance needed to resolve the situation (IQ Favorable developments or events that enable time schedules to be met sooner than at tiaipated or more work units to be produced than originally projected (4) If any performance review conducted by the recipient discloses the need for change in the budgt estimates in accordance with the criteria established in the General Provision entitled "Budget Revision Pr, ceoures " the recipient shall submit a request for budget revision (10) Budget Revision Proceoures (1) The budget is the approved financial plan for both the Federal ano non -Federal shares to ca out the purpose of the instrument This plan is the financial expression of the project or program as apProv during the application and award process It should be related to performance for program evaluation purpos whenever appropriate and required (2) FEMA shall not be obligated to reimburse the recipient for outlays (costs) in excess of the Federt funded amount of the instrument unless and until the AO executes an amendment to the Instrument which creases the Federally funded amount The Federally funded amount is the amount obligated on the instrumf which may be less than or equal to the budgeted Federal share of the instrument (3) This paragraph (3) is aoplicable only if the recipient is a State, local. or Federally recognizec than tribal government (as defined by OMB Circular A-102) Recipients shall request prior approvals promptly f ,he AO when there is reason to believe that a revision will be necessary for any of the following reasons (p Changes in the scope or the adjective of the project or program (it) The neea for additional Federal funding (iii) The revisions which pertain to the addition of Items reeuinng approval in accordance v the' provisions of OMB Circular A-87 (iv) Recipients plan to transfer tunas allotted for training allowances (direct payments to trame to Other categores of expense (4) This paragraph (4) is applicable only if the recipient is not a State, local or Federally recogni Indian trinal government (as defined by OM8 Circular A-102) (1) Recipients shall reauest prior approvals promptly from the AO when there is reason to beh 'hat a revision will be necessaery for any of the following reasons (A) Changes in the scope of the oolective of the project or program, (B) The need for additional Federal funding, (C) Expenditures that require approval in accordance with applicable cost principles A Recipients plan to transfer funds allotted for training allowances (direct paymentr trainees) to other categories of expense Qt) None of the suostantive programmatic work under this instrument may be subcontracted transferred without prior approval of the AO. This provision does not apply to the purchase of supplies, mater equipment, or general support services (5) This paragraph (5) is applicable only if specifically required elsewhere in this instrument The red iert� shall not transfer, without the written approval of the AO, funds among cost categorise when the cumulat amount of such transfers exceeds or is expected to exceed five percent of the total budget as last approved the AO The same cmena shall apply to the cumulative amount of transfers among programs, functions, and tnrities or "line items" when budgeted separately for an award, except that FEMA shall permit no transfer t would cause any Federal appropriation, or pan thereof, to be used for purposes other than those intended (6) Recipients shall notify the AO promptly whenever the amount of Federal authorized funds is petted to exceed the needs of the recipient by more than $5,000 or five percent of the Federal aware whtche is greater (7) When requesting approval for budget revisions, recipients snail use the budget forms that w used In the application unless another format is authorized by the AO (8) Within 30 days from the date of receipt of the request for budget revisions, the AO shall rew the request and notify the recipient whether the budget revisions have been approved If the revision is still unj consideration at the end of 30 days, the AO shall inform the recipient In writing as to when the recipient may pact the decision (11) Closeout Procedures (1) The following definitions shall apply Closeout - The closeout of this instrument is the process by which FEMA determines that all acipuca aaministranve actions and all required work of the instrument have peen comdietea by the recipient and FE" Oats of completion - The date on which all work under the instrument is completed or the oats in aware document or any suopiement or amendment thereto (including termination notices suelect to the Gem °rovtsion entitlea Suspension and Termination Procedures ) on which Fecerai assistance ends Disallowea costs - Disallowed costs are those charges to the instrument that the AO determines to be unadowaoie in accoreance with the aopncable Federal cost pnnciole or other conditions contained in the instrument (2) The parties snail close out this instrument in accordance with the following procedures (i) Uoon reauest FEMA shall maKe prompt payments to a recipient for allowaoie reimbursaole costs under the instrument being ciosea out (u) The recioient shall immediately retuna any balance of unaohgated (unencumbered) tunes that FEMA has advanced or paid and that is not authorized by FEMA to be retained by the recipient for use in other instruments The AO shall initiate a request for refund if the recipient does not forward the balance within 90 days (iii) The recipient shall submit to the AO within 90 days after completion of this instrument ail financial and other data required as a condition of this Instrument The AO may grant extensions when requested by the recipient (iv) The AO shall maKe a settlement for any upward or downwaro adjustments to the Federal share or costs after these reoorts are received (v) The recipient shall account for any property acquired with Federal funds or received frorr the Government in accordance with the provisions of the General Provision entitled. "Property Managemem Standards " (A) In the event a final audd has not been performed pnor to the closeout of the Instrument. FEW shall retaln the right to recover an appropriate amount attar fully considering the recommendations on disallowel costs resulting from the final audit. (12) Suspension and Termination Procedures (1) The following definitions shall apply Tor mtnaton - Termination of this instrument means the cancellation of further Federal assistant in whole or in part, under the instrument at any time prior to the date of completion Suspension - The suspension of this instrument Is an action by the AO that temporarily suspen Federal assistance under the instrument pending corrective action by the recipient or pending a decision to ti minate the instrument by FEMA (2) When the recipient has failed to comply with the terms, conditions, or standards of the inst merit the AO may, on reasonable notice to the recipient. suspend the instrument and withhold further paymen or pronibit the recipient from incurring additional obligations of funds, pending corrective action by the recipte or a decision to terminate in accordance with paragraph (c) The AO shall allow all necessary and proper cc that the recipient could not reasonably avoid during the period of suspension, provided that they meet the or sions of the applicable Federal cost principles (3) This instrument may be terminated for cause or convenience (i) Termination for cause -The AO may terminate tilts instrument in whole Orin oart at any before the date of completion, whenever it is determined that the recipient has faded to comply with the condit of the instrument The AO shall promooy notdv the reptotent in wrmno of the oetenninaaon and the reasons Tor the termination togetr with !the effective cats Payments made to the recipient or recoveries by FEMA in the event this instrument terminated for cause snail be in accordance with the legal rights and liabilities at the parties (it) Termination for convenience - This instrument may be terminated in whole or in part, wn bath' parties agree that the continuation of the project would not produce Peneficial results commensurate w the further expenditure of funds. The two parties shall agree uccn the termination conditions, including the etfi live date and in the case of partial terminations the portion to as terminated The recipient shall not incur n obligations for the terminated portion after the erfecttve date and shall cancel as many outstanding abhgatic as possible The AO shall allow full credit to the recipient for the Federal share of the noncancellable ocligatic properly incurred by the recipient prior to termination (4) The Parties shall promptly settle the terminated instrument in accordance with the applicable quirements of the General Provision entitled "Closeout Procedures " In addition, the parties shall execute up settlement a written amendment setting forth the terms and conditions of the settlement agreement (13) Property Management Standards (1) The following dehnttions apply for the purpose of this clause Real Properry - Real property means land including land improvements, structures ana a purtenances thereto, out excluding movaote machinery and equipment Personal property - Personal property means property of any kind except real property It m be tangtole - such as equipment, or intangible - such as patents, inventions and copyrights Nonexpendable personal property • Nonexpendable personal property means tangible persor property having a useful life of more than one year and an acqutsition cost of $300 or more per unit except th recipients subjsm to Cost Accounting Standards Boards regulations may use the CASE standard of $300 per ui and useful life of two years A recipient may use its own definition of nonexpendable personal property proved( that the definition would at least include all tangible personal property as defined above Expendable personal property - Expendable personal property refers to all tangible persor property other than nonexpencabie property Excess property . Excess property means property under the controt of any Federal agency in as determined by the head thereof, is no longer required for its needs or the discharge of its responsibilitie Acquisition cost of purchased nonexpendable personal property . Acquisition cost of an item Purchased nonexpendable personal property means the net invoice unit price of the property including the cc of modifications, attachments, accessories, or auxiliary apparatus necessary to make the property usable for it purpose for which it was acquired. Other charges such as the cost of instauation, transportation, taxes, duty protoctrve in -trend insurance, shall be included or excluded from the unit acquisition cost in accordance w, the reciptent's regular accounting practices Exempt property - Exempt property means tangible Personal property acquired in whole or in p with Federal funds, title to which is vested in the recipient without further Poligation to the Federal Governme except as Provided in suooaragrapn (4)(1) below Such uncondr,enai vesnr^ or title wui C: _--suant to any Fede, agisiation that provraes FEMA witn adequate authority (2) Real proeerty If real prooerty is acquired as a requirement of this instrument the following sn aopry (i) T,tle to reai prooerry snail vest in the recipient suPlect -o the coneiuon trial the recioiE snail use the real oroperty Tor the authorizea purpose or the orciect as sang as it -s neeeeo (it) T`e rectotent snail obtain approval by FEMA for the use or real property in other projects when the recipient determines tnat the property is no longer needed for the purpose of the original project use in other projects snail be limited to those uncer other Federally sponsored orcieccs lie grants or other agreementsi or programs that have purposes consistent with those authonzea for support by FEMA (iii) When the real orcoerry is no longer needed as orovided in suboaradrapns it) and (u) above the recipient shall request disposition instructions from FEMA or its successor Federal sponsoring agency (3) Federally ownea nonexpenaable personal property - Title to Federally owned property remains vestea in the Federal Government The recipient shall submit annually an inventory listing of Federally owned property in its custody to FEMA Upon completion of the effort covered by the instrument or when the property is no longer needed the recipient shall report the property as being available to FEMA for further agency use (4) Other nonexpendable property -When other nonexpendable tangible personal property is acquired by a recipient with project tunas, title shall vest in the recipient subject to the following conditions (i) Right to transfer title - For items of nonexpenaable personal property having a unit accuisi lion cost of S1 000 or more, FEMA reserves the right to transfer the title to the Federal Government or a third parry (5) Use of other tangible nonexpendable property for which the recipient nas title (i) The recipient snail use the property in the project or program for which it was acquirea as long as noticed whether or not the project or program continues to be supported by Federal funds When nc longer needed for the original project or program, the recipient shall use the property in connection with its other Federally sponsored activities it authorized by FEMA (ii) Shared use- During the time that nonexempt nonexpenaable personal property is held to use on the project or program for which it was acquired, the recipient shall make it available for use on othe projects or programs if such other use will not interfere with the work on that project First preference for suct other use shall be given to other projects or programs sponsored by FEMA, or to programs sponsored by othe Federal agencies If the property is owned by the Federal Government, use for other actmties not sponsored b the Federal Government shall be permissible if authorized by FEMA (6) Disposition of other nonexpendable property - When the recipient no longer needs the propen as provided in (5) above, the property may be used for other activities in accordance with the following stancara, (t) Nonexpenaable property with a unit acquisition cost of toss than $1,000 -The recipient mt use the property for other activities without reimbursement to FEMA or sell the property and retain the proceee (ii) Nonexpendable personal property with a and acquisition cost of $1,000 or more -The reci lent may retain the property for other uses provided that Compensation is made to FEMA The amount of compe sation shall be computed by applying the percentage of Federal participation in the cost of the original proje or program to the current fair market value of the property If the recipient has no need for the property and t property has further use value, the recipient shall request disposition instructions from FEMA (7) Property management standards for nonexpendable property -The recipient's property manac ment standards for nonexpendable personal property shall include the following procedural requirements (i) Property records shall be maintained accurately ana shall include A A description at the property, 8 Manutacturer's serial number model number Federal stocx number, national st ,iumoer or other iaentihcauon numoer C Source of the properiv inctuaing grant or airier agreement numoer 0 Whether title vests in the recibient or the Federal Government, merit) and cost E Acquisition date (or date received, If the property was furnished by the Federal Go F Percentage (at the end Of the year) at project or program tar Which the property was acquired red (NotsoFederal oe rc participation in the cost c Government), property ny furnished by the Fe G Location, use and condition of the property and the date the information was repc H Unit acquisition cost, I Ultimate disposition data. Inciudng data of disposal and sales once or the method I to determine current far market value where a recipient compensates the Federal sponsoring agency for its at (I� Property owned by the Federal Government must be marked to indicate Federal owner, (Ili) A Physical inventory of property shall be taken and the results reconciled with the prop records at least once every two years Any differences between quantities determned by the Physical ins ec and those shown in the accounting records shall be investigated to determine the causes of the difference recipient shall, in connection with the inventory, verity the existence current use, and continued need f or property (Iv) A control system shall be in effect to ensure adequate safeguards to prevent loss, am or theft t the property Any loss, damage, or that of nonexpendable property shall be investigated d and f documented, M the property Is owned by the Federal Government, the recipient shall promptly notify FEM, condition (v) Adequate maintenance procedures shall be Implemented to keep the Property in gc - NO Where the recipient is authorized or required to sell the property, proper sales procedu shall be established which provide for completion to the extent practicable and result in the highest possible rett ersonal Property- upon acquisition. It there is a prey dual inventory of stle to uch property exceeding eedinonai property shall vest in the recipe upon termination or completion of the instrument and the property is not needed for any other Federally sp sored project or program, the recipient shall retain the property for use on nonfederally sponsored activities sell It, but must in either case compensate FEMA for its share The amount of compensation shall be comput in the same manner as for nonexpendable personal property 0) intangible property (A) Inventions and patents -If any program produces patentable items, patent rights, On eases. or inventions in the course of work sponsored by the Federal Government, such fact shall be promp and fully reported to FEMA Unless there is a prior agreement between the recipient and FEMA on disposil of such items, FEMA shall determine whether protection on the invention or discovery shall be sought FEf will also determine how the rights in the inventory or discovery —including rights under any patent Issued thereon shall be allocated and administered in order to protect the public interest consistent with current Government P ant Policy (13) Copyrignts E;ceot as otherwise provlceo in the terms and conditions of this instr gent the autnor or the recipient organization is tree to copyright any 000xs publications or other cocyrigntat materials oevelcoed in the course of or under the instrument FEMA hereov reserves a royalty -free nonexcwsl and irrevocaele ngnt to redrdouce pubilsh or otherwise use and to authorize otners to use the worx for Gover -rent curposes (14) Procurement Standards (1) All rectbtems snail adhere to the following standards (i) The recipient snail maintain a =00 or Standards of canduc-. that snail govern the performance of its officers employees or agents engagea in the awarding and administration of contracts using Federal tunas No emmoyse officer or agent shall participate in the selection, aware or administration of a contact in which Federal tunas are uses where to his knowledge, ne or his immediate family, partners or an organization in which Is or nis immediate family or partner has a financial interest. real or apparent or other interest in the firm selected 'or aware The recipients' officers emmovees or agents snail neither soica nor accedt gratuities favors or anything of substantial monetary value tram contractors or potential contractors To the extent permissible by State aria local laws rules and regulations such standards shall provide for discipitnary actions to be applied for violations of such by the recipients' officers, employees or agents (if) All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical. open and free competition The recipient should be alert to organizational conflicts of interest or noncompetitive practices among contactors that may restrict or eliminate competition or otherwise restrain trade ,n order to ensure objective contactor performance and eliminate unfair competitive advantage, contrac- tors that develop or daft specifications, requirements, statements of work, invitations for bids andlor requests for proposals should be excluded from competing for such procurements. Awards shall be mace to the bidderlotteror whose oicloffer is responsive to the solicitation and is most advantageous to the recipient price and Other factors considered Solicitations snail clearly set forth all requirements that the bidderfofferor must fultill in order for hislher bidloffer to be evaluated by the recipient Any and all bidsloffers may be rejected when it is in the recipient's in- terest to do so OR) All recipients shall esta nitsh procurement procedures that provide for, at a minimum, the follow* ing procedural requirements (A) Proposed procurement actions shall follow a procedure to assure the avoidance of pur- chasing unnecessary or duplicative items Where appropriate. an analysis shall be made of lease and purchase alternatives to determine which would be the most economical practical procurement (a) Solicitations for goods and services snail be based upon a clear and accurate descrip- tion of the technical requirements for the material. product or service to be procured Such a description snat not. in competitive procurements, contain features which unduly restrict competition "Brand name or equal" descnp d", performance, or er tions may andbwhen so used he spec fib feat ores orf the named brand which hmust �benrequirements met byb dderslafferors shall be clearly specified (C) Positive efforts shall be made by the recipient to use small business and minonty-owner business sources of supplies and services. Such efforts should allow these sources the maximum feasible oppor tunity to compete for contacts using Federal funds. (0) The type of procuring instruments used e g , fixed once contracts cost reimbursaol contracts purchase orcers incentive contracts ropriate f( the particular procurement and for promoting snail ng he best interest of the e e or oraminvorv^teaThe cost-p us-acut rm..st to pperr entaa of -cost" riethba of contracting shall not be used (E) Contracts snail be mace only with responsible contractors who possess the potent ti belle ven too such matters aslcontractor integnryarrecoredof oast penormance nnanc amConsideration artorana echnicalresourc or accesstotlity to other necessary resources 10 (F) Review and abprova1 by the AO of the recipient s proposed contracts and related pt curement documents is reduirea when the procurement is expected to exceed $10 000 and is to be awarded wnhc competition or only one bid or offer is received the procurement is expected to exceed $10,000 and specit, a "beano name product," or the recipient's procedures or operation fads to comply with this 13 32(n) The pro sions of this paragraph are waived in the event the recipient's procurement system nas been certified in scoot ante with the Office of Federal Procurement Policy (G) Some Corm of price or cost analysis should be mace in connection with every procu, ment action Price analysts may be accbmpitshsd in various ways, including the comparison of price quotatio submlited market prices and similar indicia. together with discounts Cost analysis is the review and evaluate, Of each element of cost to determine reasonableness, allocabdity and allowabdity Costs Of prices based on esdmat cosh for contracts under this instrument shall be allowed only to the extent that costs incurred or cost estimat included in negotiated prices are consistent with Federal cost principles following (H) Procurement records and files for purchases in excess of $10,000 shall include te (1) Basis for contractor selection, (2). Justification for tack of competition when comoentive bids or offers are not obtatne (3) Basis for award cost or price, (4) Rationale for the method of procurement and (5). Selection of comract type (1) A system for cons. administration shall be maintained to ensure contractor contorr ance,with terms, conditions and specifications of the contract and to ensure adequate and timely followup of purchases (2) If the recipient of the instrument is a State or local government or other entity as defined in ON Circular A-102, It shall adhere to the following standards (1) Contracting with Small and Minority Firms, Women-Ownea Business Enterprises and Lab Surplus Area Firms (A) Affirmative steps must be taken to assure that small and minority businesses are util ed when possible as sources of supplies, equipment, construction and services Affirmative steps shall incluc the following- (1). Including qualified small and minority businesses on solicitation lists, tial sources: (2) Assuring that small and minority businesses are solicited whenever they are pote (3). When economically feasible dividing total requirements into smaller tasks or qua titles so as to permit maximum small and minority business participation but not to avoid requirements applicat to purchases in excess of $10,000 (4) Where the requirement permits establishing delivery schedules which wul e courage particioation by small and minority businesses (5) Using the services and assistance of the Small Business Administration the C `ice of Minority Business Enterprise of the Department of Commerce ano the Community Services Administrate as reduirea (6) I' any sueconiracts are to be iet reauinna the crime contractor to take the astir ative steps in t through 5 acove 11 business enteronses (C) Recipients are encouraged to procure goods anc services from tabor surplus areas (it) Procurement under this instrument shall be made by one of the following methods as de- scribed herein (a) small purchase procedurss (b) competitive seated bid (formal advertising), (c) camcetitive negotiations ic) noncompetitive negotiation (A) Small purchase procedures are those relatively simple ano informal procurement methods that are sauna and appropriate for a procurement of services, supplies or other property, costing in the aggregate not more than $10,000 Recipients snail comply with State or local small purchase dollar limits under $10.000 It small purchase procedures are used for a procurement under this instrument, once or rate quotations shall be obtained from an adequate number of qualified sources (8) In competitive sealed bids (formal advertising), sealed bids are publlciy sobcrted and a firm -fixed -price contract (jump sum or unit price) is awarded to the responsible bidder whose old, conforming with ail the material terms and conditions of the invitation for bids, is lowest in once (1) In order for formal advertising to be feasible appropriate conditions must be pres- ent, irctuaing, as a minimum the following O A complete adequate and realistic specification or purchase description is available (u) Two or more responsible suppliers are wiling and able to compete effectiven `or the grantees business (ui) The procurement lends itself to a firm -fixes -price contract, and selection c the successful bidder can appropriately be made principally on the basis of once (2) If formal advertising is used for a procurement under this instrument, the follM ing requirements shall apply (1) A sufficient time prior to the date set for opening of bids, bids shall be solicits from an adequate number of known suppliers In addition, the invitation shall be publicly advertised (it) The invitation for bids, including specifications and pertinent attachments, shr cleariv define the items or services needed in order for the bidders to properly respond to the invitation (ni) All bids shall be opened oubilciy at the time anc place stated in the invitatic for bids (Iv) A firm-fixed�pnce contract award shall be made by written notice to that respc stole bidder whose aid, conforming to the invitation for bids. is lowest. Where specified in the bidding documen factors such as discounts transportation costs and life cycle costs shall be considered in determining which is lowest Payment discounts may only be used to determine low bid when prior experience of the recipient dicates that such discounts are generally taken. (v) Any or all bids may be rejected when there are sound documented businr reasons in the best interest of the program (C) In competitive negotiation, proposals are requested from a number of sources, and Request for Proposal is publicized negotiations are normally conducted with more than one of the sources s mittind otters and either a fixes -once or cost -reimbursable type contract is awarded as appropriate Comoeti negotiation may be used if conditions are not appropriate for the use of format advertising if competitive negr tion is used for a procurement under a grant the following requirements shall apply (1) Proposals shall be scumted from an aaecuate number of qualified sources to mit reasonaote cemeetttion consistent with the nature and redutrements of the orocurement The Request for posais snail be puoitcized and reasonaote requests by other sources to compete snail be nonored to the r mum extent practicaote 12 (2) The request tar or000sat shall identifv all sicntricant evaluation ?actors mcludir price or cast wrists redutred and their relative importance (3) The reciptent shall provide mecnamsms tar technical evaluation of the proposa ecelged determinations or responsible oterors for the purpose of written or oral discussions, and selection ti contract a.varc (4) Awarc may oe made to the responsible orferor whose proposal will be most a vantageous to the procuring party, price and other ?actors considered Unsuccessful offerors should be notific promptly (5) Grantees may utilize competitive negotiation procedures for procurement Architecturai/Engineering protessional services, whereby competitors' qualifications are evaluated and the me qualified competitor is selected, subject to negotiation of fair and reasonable compensation (0) Noncompetitive negotiation is procurement througn solicitation of a proposal from or one source, or after solicitation of a number of sources, competition is determined inadequate Noncompetitn negotiation may be used when the award of a contract is infeasible under small purchase, competitive bidder (fortnaLadvemsing) or competitive negotiation procedures Circumstances under which a contract may be award[ by noncompetitive negotiation are limited to the following (1) The item is available only from a single source (2). Public exigency or emergency when the requirement will not permit a delay in( dent to competitive solicitation, (3). FEMA authorizes noncompatttve negotiation, or (4). After solicitation of a number of sources, competition is determined inadequat (E) In order to foster greater economy and efficiency, recipients are encouraged to ant into State and local intergovernmental agreements for procurement or use of common goods and services (F) The recipient shall include, in addition to provisions to define a sound and comple agreement, the following provisions in all contracts These provisions snail also be applied to subcontracts 0). Contracts to excess of $10,000 shall contain contractual provisions or conditio that Will allow for administrative, contractual or legal remedies in instances in which contractors violate or bred contract terms, and provide for such remedial actions as may be appropriate (2). All contracts in excess of $10,000 shall contain suitable provisions for terminatit by the recipient including the manner by which termination will be be effected and the basis for settlement addition, such Contracts shall describe conditions under which the contract may be terminated for default as w as coTditions where the contract may be terminated because of circumstances beyond the control of the contract (3). In all contracts for construction or facility improvement awarded for more in $100.000, recipients shall observe the bonding requirements provided below FEMA may acceot the bonding poficv and requirements of the recipient orovided it has made a determir Lion that the Government's interest is adequately protected If such a determination has not teen made the minims requirements shall be as follows (A) A bid guarantee from each bidder equivalent to five cercent of the bid price The ' guarantee shall consist of a firm commitment sucn as a bid bond certified c^ecx or other negotiable instrumt accompanying a aid as assurance that the bidder will upon acceptance or his old execute sucn contract 7acuments as may oe reauirea within the time SpeCITied 13 (B) r oertornance oone on the oart of the contractor for 1 cc oercent of the contract once 'Performance nano" is one executed in connection with a contract to secure fulfillment of all the contractor s oin igations unaer such contract (C) A payment bona on the part of the contractor for 100 percent of the cantrapt ante A :avment bona" is one executed in connection Nith a contract tc assure oayment as required by law of all per- sons sueoiyind tabor and material in the execution or the work provieea for in the contract (4) All contracts awarded by reactant ana its cdntractc"s or suograntess having a value of more than $10 000 (S5 OCO Federal snare of crantsl, shall contain d orovision reautnng compliance with Ex ecutive Order 11246 entitled Equai Employment Opportunity," as amended by Executive Order 11375, and as suaotementec in Department of labor regulations (41 CFA Part 60) (5) All contracts anc suogrants in excess of $2.000 for construction or repatr awarded oy reciptent and sucreciptents shall include a provision for compliance with the Copeland "Anti -Kick Back" Act (18 U S C 374 as supplemented in Department of tabor regulations 29 CFA, Part 3) This Act provides that each contractor or subgrantee shall be prohibited from inducing, by any means. any person employed in the construe Lion, completion, or repair of public work to give up any part of the compensation to which he is otherwise entitled The recipient snail report all suspected or reported violations to FEMA (6) When required by the Federal program legislation all construction contracts aNareed by the rectoient and suoreciotents of more than $2.000 shall include a orovision for compliance with he Davis -Bacon Act (40 U S C 275a to a-7) as supplemented by Department of Labor regulations (29 CFA, Part 5) Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor In addition, contractors shall be required to pay wages not less than once a week The recipient shall place a copy of the current prevatimi; wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination The recipient shall report all suspected or reporter violations to the AC (7) Where applicable, all contracts awarded by recipient in excess of $2,000 for con struction contracts and In excess of $2.500 for other contracts that involve the employment of mechanics or laborers shall include a proviston for compliance with sections 103 and 107 of the Contract Work Hours and Safety Stare ards Act (40 U S C 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5) Under sec tion 103 of the Act. each contractor shall be required to compute the wages of every mechanic and laborer a the basis of a standard worx day of 8 hours and a standard work week of 40 hours Work in excess of the stanaar Norkday or workweek is permissible provided that the worker is compensates at a rate of not less than 1 1 times ins basic rate of pay for ail hours worked in excess of 8 hours in any calendar cay or 40 hours in the workwee Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic or dangerous shall to h e r quired to work in surroundings or under working conditions which are unsanitary, health and safety, as determined under construction safety and health stancards promulgated by the Secrete of Labor These requirements do not apply to the purchases of supplies. materials. or articles ordinaniy avattab on the open market, contracts for transportation: or transmtsmon of intelligence (8). Contracts or agreements. the principal purpose of which is to create, develop improve products processes or methods, or for exploration into fields that directly concern public health, safe or welfare, or contracts in the field of science or technology in which there has been little significant expenen outside of work funded by Federal assistance. shall contain a notice to the effect that matters regarding ngt to inventions patents copyrights rights in data and materials generated under the contract or agreements , subject to the regulations issued by FEMA and the recipient (9) All negotiated contracts (except those of S10.000 or less) awarded by recipte snail include a orovision to the effect that the recipient, FEMA the Comotrotter General of the United States any of their duly authorizes representatives snail have access to any ocoks ccciments papers and record, ^e co^tractor wnicn are directly pertinent to a soecitic program for the ouroose of making audits exammatic excerc,s and transcrietions Pecieients shall reautre contractors to maintain ail required records for three ye s,ier —e rectotent makes nnat eayment ano all pending matters are ciosed 14 (10) Contracts and suogrants of amounts in excess of $100 000 shall contain a prove sion that requires the recipient to agree to comply with all appticaoie standards orders or regulations issued put suant to the Clean Air Act of 1970 (42 U S C 1857 at seq ) and the Federal Water Pollution Control Act (33 U S C 1251 at seal ) as amenced V citations snall be reocriso to FEMA and the Regional Office of the Environments Protection Agency (11) If the recipient is a State or local government contracts snatl recognize mandator standards and policies relating to energy efficiency winch are comatneo in the State energy conservation pia issued in compliance with the Energy Policy and Conservation Act (P L 94-163) (15) Audit Requirements (1) This provision is applicable only if the recipient is a State local or Federally recognized India tribal government (as defined by OMB Circular A-102) (2) Cognizant agency is defined as the Federal agency that is assigned audit responsibilities for particular recipient organization by the Office of Management and Budget (3) Recipients shall use their own procedures to arrange for independent audits, and to prescrit the scope of audits. provided that the audits comply with the requirements set forth below Where contracts ai awarded for audit services, the contracts shall include a reference to this provision (4) The provisions of this article do not limit the authority of FEMA to make audits of recipient organiz eons However, it independent audits arranged for by recipients meet the requirements prescribed below FEN shall rely on them, and any additional work shall build upon the work already done (5) Audits shall be made in accordance with the General Accounting office, "Standards for Auc of Governmental Organizations, Programs, Activities and Functions," the Guidelines for Financial and Compliant Audits of Federally Assisted Programs, any compliance supplements approved by OMB, and generally accepts auditing standards established by the American Institute of Certified Public Accountants (6) Audits shall Include, at a minimum, an examination of the systems of intemal controt, syster established to ensure compliance with laws and regulations affecting the expenditure of Federal funds, financ transactions and accounts, and financial statements and reports of recipient organizations These examinatic are to determine whether (1) There is effective control over and proper accounting for revenues expenditures assets a liabilities (it) The financial statements are presented fairly in accordance with generally accepted accou ing principles Om The Federal financial reports (including Financial Status Reports, Cash Reports, and ciait for advances and reimbursements) contain accurate and reliable financial data: and are presented in accordan with the terms of this instrument, and in accordance with the General provision entitled. "Financtal Reporting F quirehients," of this instrument (iv) Federal funds are being expended in accordance with the terms of applicable agreeme and those provisions of Federal law or regulations that could have a material effect on the financial stateme or on the awards tested M In order to accomplish the purposes set forth above a representative number of charges to Fed( awards shall be tested The test shall be representative of (1) the universe of Federal awards received and 12 cost categories that matenaity affec, the award The test is to determine whether the charges (i) Are necessary and reasonaole for the proper administration of the program (ii) Conform to anv limitations or exclusions in the aware t5 (in) Were liven consistent accounnna treatment anc aooueo uniforrnty to octn Feceraily assistea ano other activities of the recipient (iv) Were net of applicable creaits (v) Did not inc'uce costs oroperry cnargeaole to other Feceraliv assisted programs (vi) Were propenv recoraed 6 e correct amount date) ano supported by source documentation (vu) Were aoprovea in advance if subject to prior approval in accoroance with OMB Circular A-87 (vni) Were incurrea in accoroance with competitive purchasing procedures as set forth in "Pro- curement Standards" (13 32fn)) (ix) Were allocated ecunably to benefiting activities, including non -Federal activities (8) Audits usually will be made annually, but not less frequently than every two years (9) if the auditor becomes aware of irregularities in the recipient organization, the auditor shall promptly notify the cognizant agency and recipient management officials above the level of involvement irregularities in- clude such matters as conflicts of interest falsification of records or reports and misappropriation of funds or other assets (10) The audit report shall include (i) Financial statements including footnotes. of the recipient organization (it) The Auditors' comments on the financial statement which should (A) Identify the statements examined and the penod (8) Identify the various programs under which the organization received Federal funds. and the amount of the awards received (C) state that the audit was done in accordance with the standards in paragraph 13 32(g)(8) (D) Express an opinion as to whether the financial statements are fairly presented in accord ance with generally accepted accounting principles If an unqualified opinion cannot be expressed. state the nature of the qualification (iii) The auditors' comments on compliance and internal commit which should (A) Include comments on weaknesses in and noncompliance with the systems of internal control, separately identifying material weaknesses (B) Identify the nature and impact of any noted instances of noncompliance with the terms of agreements and those provisions of Federal law or regulations that could have a material effect on the financia statements and reports (C) Contain an expression of positive assurance with respect to compliance with requirement, for testes items and negative assurance for untested items (lv) Comments on the accuracy and completeness of financial reports and claims for advance or reimcursement to Federal agenc,es (v) Comments on corrective action taKen or otanneo by the recipient 16 (11) Work papers ano reports snail be retained for a minimum of three years from the data of the aL report unless the auditor is notified in writing by the cognizant agency of the need to extend the retention pen( The audit wdni papers shall be made available upon request to the cognizant agency or its designees and General Accounting Office or its designees (12) Recipients snail require subrecipienm that are State and local govemmento or Indian tribal gave ments to adopt the requirements of paragraphs ("I") through ("11") above The recipient shall ensure that subreciatent audit reports are received as required and shall submit the reports to the cognizant agency (16) Other Administrative Provisions The recipient agrees that (1) It shall comply with Title VI of the Civil Rights Act of 1964 (P L- 88352), and in accordance v Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be cluded from participation in, be denied the benefits of, or be otherwise sublected to discrimination under any I gram or activity for which the recipient receives Federal financial assistance and shall immediately take any measL necessary to effectuate this Agreement (2) It shall comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting emptoyrr discrimination where (a) the primary purpose of an instrument is to provide employment of (b) discriminatory emo ment practices will result in unequal treatment of persons who are or should be benefiting from the grant -au activity (3) It shall comply with the provisions of the Age Discrimination Act of 1975, and in accordance that Act, shall prohibit discrimination on the basis of age. (4) it shall comply, to the extent applicable, with Title IX of the Education Amendments of 1972 U.4.C. 1681. at seq., which provides that no person in the United States shall, on the basis of sex. be s icy from participation in, be denied the benefits of, or be subjected to discrimination under any educational progt or activity receiving Federal financial assistance (5) It shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U S C P L 93.112). and ail requirements imposed by or pursuant to the regulations of the Department of Health Edi tion and Welfare (45 CFR Parts 80, 81 and 84), promulgated under the foregoing statute It agrees that, in acc ance with the foregoing requirements. no otherwise qualified handicapped person, by reason of handicap, t be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any prog or activity receiving Federal financial assistance, and that it shall take any measures necessary to effectuate Agreement. (0) It shall establish safeguards to prohibit employees from using their positions for a purpose is or gives the appearance of being motivated by a desire for private gain for themselves or othere, pamcu those with whom they have family, business, or other ties (7) It shall comply with the flood insurance purchase requirements of Section 102(a) of the F Disaster Protection Act of 1973, P L. 93.234, 87 Stat. 975, approved December 13, 1975, which call for the chase of flood insurance in communities where such insurance is available as a condition for the reciept of 'aderai financial assistance for construction or acquisition purposes for use in any area that has been ident by the Director of the Federal Emergency Management Agency as an area having special flood hazards The phrase 'Federal financial assistance" includes any form of loan grant guaranty insurance payment ret subsidy disaster assistance loan or grant or any other form of direct or indirect Federal assistance (8) 11 will comply with the provisions of Executive Order 11288 reiatinc c •pie crevention cc^trc abatement of water coiluticn 17 (9) It shall assist F'c°AA inns compliance with Executive Order 11988. Flood Plain Management wrim, requires avoidance to the extent possible or the long- and short-term adverse impacts associated with the oc cucancv ano modtficabon of floacciatns and to avoid the direct cr indirect support of floogptain development whenever there is a practicable alternative (10) It shall ensure pursuant to Executive Order 11738 that the taciutles uncer its ownership, lease or supervision which shall be uttitzee in the accomplishment of the instrument are not listed on the Environmental Protection Agency (EPA) list of violating facilities ano that it shall notify FEMA of the receipt of any communication `,am the Director of the EPA Office or Federai Activities nalcating that a facility to be used in the project is unaer consideration for listing my the EPA (11) It shall comply with the provisions of the National Environmental Policy Act of 1969, (P L 91.190), and Executive Order 11514 as ameneea by Executive Order 11991 which promotes efforts to prevent or eliminate oamade to the environment and blospnere and requires an Environmental Impact Statement when plans and pro- grams may affect the quality of the enviomment (12) It shall comply, to the extent applicable, with all the requirements of Section 114 of the Clean Air Act as amended (42 U S C 1857, et seq, as amended by P L 91-604) and Section 308 of the Federal Water Pollutitxt Control Act (33 U S C 1251 et seq, as amended by P L 92.500), respectively, relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act respectively, and all regulations and guidelines issued thereunder (13) It shall assist FEMA in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U S C 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (i 6 U S C 469a-1 et seq ) by (a) consulting with the State Historic Preservation Officer on the con- duct of investigations as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements estab- lished by FEMA to avoid or mitigate adverse effects upon such properties (14) It shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U S C 201), as they apply to employees of Institutions of higher education, hospitals. and other nonprofit organizations (15) It shall comply with requirements of the provisions of the Uniform Relocation Assistance and Rea Property Acquisitions Act of 1970 (P L 91-646, 42 U S.0 4601 at seq ) which provides tar Lair and equitable treat ment of persons dispiacea as a result of Federal and Federally assisted programs The following assurances apply to State and Local Government recipients (A-102) (16) It shall comply with the provisions of the Hatch Act which limits the political activity of employee: (17) It will comply with all requirements imposed by the Federal grantor agency concerning spectt requirements of law, program requirements, and other administrative requirements approved in accordance wit A-102 The following assurances are applicable when construction requirements are present (18) It will have sufficient funds available to meet the non -Federal snare of the cost for constructic projects Sufficient funds will be available when construction is completed •c assure effective operation a maintenance of the facility for the purposes constructed (19) It will require the facility to be designed to comply with the American Stancard Scectncatie or maKing Buildings and Facilities Accessible to and Usable bi the P,,vsically Handicaeoea `lumr A117 1 1961 as modifiee (41 CFR 101-17 703) The applicant wid be resoonsioie for consucting inspections nsure compliance with these soecincations ov the contractor l obtain ral Agencv final wonting eons ogforB6the pro lest i acienisec or placed on the mancet tar bidding, Or the rt will construct t e^prroljeect o�� it to be constructed. to final completion in accordance with the application and approved plans and specifications hat t will submit to to appropriate Federal agency for prior approval changes that alter the coats of to project use of $pace, or turicttoriat layout chat it will not enter into a construction con traeIfs) for the project or undertake other activities until the conditions or the construction grant programis) have Dean met (21) It will cause work on the project to be commenced within a reasonable time aner receipt of notthca tion from the approving Federal agenev that funds have been approved and that the project will be prosecutec to completion within reasonable diligence (22) It will not dispose of or encumber its title or other interests in the site and facilities during the penoc of Federal interest or white the Government holds bonds, whichever is the longer (23) It will provide and maintain competent and adequate architectural engineering supervision anc inspection at the construction site to insure that to completed watt conforms with the approved plans and specifica tions that It will furnish progress reports and such other information as the Federal grantor agency may require (24) It will operate and maintain the facility in accordance with the minimum standards as maybe to quires or prescribed by the applicaple Federal State and local agencies far the maintenance and operation o such facilities 19 III _ .. ► ! -A _' o ' _ :.W0 I UX 1. The Uniform Relocation Assistance and Real Property ALquisnion Policies Act (URA) mandates that property owners receive just compensation for their propertv and relocation assistance from Federal acquisition programs The URA also sets specific time limits and places other requirements on the acquiring agencv There are exceptions to the provisions of the URA, however, for voluntary transactions which meet the specific criteria found at 49 CFR Part 24 101 (a) This exception requires that the acquiring agency (subgrantee) inform the propertv owner in writing a That it will not use its power of condemnation to acquire the property in the event negotiations fail, and b What it believes to be the fair market value of the property FEMA recommends that the propertv owner and the subgrantee sign a Voluntary Transaction 4greement to ensure that the property owner understands that they are not automatically eligible for additional relocation benefits beyond the purchase price of the propertv For each property identified for acquisition, the subgrantee should establish and document a fair market value The value must be derived from a reasonable methodology that has been consistently applied throughout the community, such as independent appraisals, opinions of value, or a formula based on tax assessments FEMA should coordinate with the State and the subgrantee in their determination of whether the valuation should be based on pre- or post -flood market value However, all appraisals in a given community (le the FMA project area) should be based on the same terms The acquiring entity (subgrantee) should inform each propertv owner of what it considers to be the fair market value of the property The subgrantee may wish to set a time limit with the property owner for the validity of a purchase offer The subgrantee must conduct a title search for each property to ensure that there are no mortagages or liens outstanding at the time of sale The grant agreement should include this stipulation Tenants who must relocate as a result of acquisition of their housing are entitled to URA relocation benefits (such as moving expenses, replacement housing rental payments, and relocation assistance advisory services) regardless of the owner's voluntary participation For details on these requirements, see 49 CFR Part 24, Subpart C Title to the propertv is treated in one of two ways, depending upon the scope of the project 1) Full title is acquired or accepted by the subgrantee or 2) The subgrantee acquires all development rights to the propem «ith the original owner retaining onlv the right to make use of the propertv for farming or quiet enjoyment The subgrantee will seek the approval of the Board (grantee) and the FEMA Regional Director before convevmg ownership of the propertv to anv other partv all development rights to the propertv must be retained by the subgrantee The FEMA Regional Director «ill only approve the transfer of properties that meet -the criteria identified above As a condition of receiving the grant the applicant (subgrantee) shall enter into an agreement with the grantee that assures a) the property acquired accepted, or from which structures are removed must carry a permanent deed restriction providing that the propertv be maintained for open space recreational or wetlands management purposes only, b) the deed restriction must also stipulate that no future disaster assistance for any purpose from any Federal source will be sought or provided with respect to the property (insurance claims such as NFIP and Federal Crop Insurance are not considered disaster assistance), c) the deed restriction must also stipulate that no new structures will be erected on the propertv other than a public facility that is open on all sides or is a rest room and is functionally related to open space (structures that are walled on all sides must meet NFIP minimum requirements), d) in fee simple transactions, the deed restriction must also stipulate that the new titleholder must obtain the approval of the Board (grantee) and the FEMA Regional Director before conveying ownership of the property to another public entity Property transfer to private citizens and corporations will not be approved All development rights to the property must be retained by the subgrantee or other public entity, e) the subgrantee shall ensure that all structures be removed from the property within 90 days of closing and disposed of in accordance with applicable laws The FEMA Regional Director can grant an exception to this requirement if extenuating circumstances exist and f) the subgrantee accepts responsibility for monitoring and enforcing the deed restrictions and/or easement language If any parts of the structure are sold for salvage value, this amount is deducted from the total cost of the project The subgrantee (or whoever holds legal title to the property) must provide for the continued maintenance of the property once the initial debris removal, vegetative site stabilization and new landscaping are complete The FEMA Regional Director may approve (on a case-bv-case basis) the erection of structures which do not meet the criteria above before commencement of construction However, the structure must be constructed in compliance with the communz s floodplain management ordinance meet NFIP minimum requirements and be compatible with open space uses and floodplam management policies and practices FEDERAL EMERGENCY MANAGEMENT AGENCY NARRATIVE STATEMENT O M R. No 3067-0206 Erprms Ju is 30, 1998 PAPERWORK BURDEN DISCLOSURE NOTICE "Public rt == Duiden Ior this form is estrmated to average 4.2 home per response. The burden estimate includes the time for renewmg C+r==s, searramg oosang rids muroes, gathermg son mamrammg the data neeaed, and complebns, reviewing, and submitting the form. You are required to respooa to this eollaction of mformanou lmteaa a valid OMB comml number is displayed in the upper right corner of the form. Seed comments resaremg the accuracy of the burden -^^• - and any sunestions for rrmucmg the burden to Information Collxbons Mi agement. Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472 ❑ PROGRAM NARRATIVE STATEMENT ❑ P ❑vibuinim ❑ Respaise ❑ Recovery 5 RECIPIENT 8 PERFORMING ORGANIZATION NARRATIVE STATEMENT A C ❑ PA ❑ IFG ❑ CC ❑ DUA ❑ HMGP ❑ PERFORMANCE REPORT NARRATIVE ❑ Can Sawn ❑ Low Services ❑ Fb Swwasion ❑ Dlaroar Houehip ❑ DRCG Mrgad biiI ❑ SAR+t00 ❑ SLA 50 ndo EOC ❑ SLA 50 WEOC ❑ ATT ❑ NAPI ❑ SARA ❑ DPIG ❑ NOSP ❑ CAPSSSE ❑MAP ❑ FMA Pl. ❑ FMA TA ❑ FMA PJ ❑ CSEPP w/o EOC ❑ CSEPP vvl EOC 6 REPORTING PERIOD 17 CONTROL NUMBER(S) FEMA Form 20.22- MAY 88 :��r �•.ur.. _ IV-] 5 applicattpn Module PART IV-B PREPARATION INSTRUCTIONS FOR PROGRAM NARRATIVE - CONSTRUCTION PROGRAMS IV-14 Issued May 1998 4pplication Module PART IV-B PREPARATION INSTRUCTIONS FOR PROGRAM NARRATIVE — CONSTRUCTION PROGRAMS AUTHORITY FOR THESE INSTRUCTIONS 44 CFR 13. Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Subpart B - Post -Award Requirements, Section 13 40 A GENERAL INFORMATION These are the standards to follow for any construction program FEMA requires a program narrative statement for each program funded under a Cooperative Agreement FEMA Form 20-22. Narrative Statement, is to be used as the header sheet and completed once (sections 1 through 7) A separate FEMA Form 20-22 is not to be prepared for each program, each activity, each task or each project When reporting for CSEPP, a separate FEMA Form 20-22 will be prepared Check the box for Preparedness and CSEPP w/o EOC or CSEPP w/ EOC. B. SPECIFIC INSTRUCTIONS The program narrative statement should be based on the following instructions OBJECTIVES AND NEED FOR THIS ASSISTANCE • Pinpoint anv relevant phvslcal economic social, financial, institutional or other problems requiring a solution • Demonstrate the need for assistance and state the principle and subordinate objectives of the project Supporting documentation or other testimonies from concerned interests other than the applicant may be used Any relevant data based on planning studies should be included or footnoted RESULTS OR BENEFITS EXPECTED. Identify results and benefits to be derived For example, include a description who will occupy the facility and show how the facility will be used For land acquisition or development projects explain how the project will benefit the public 1V-17 Issued May 1998 aophcation Module APPROACH • Outline a plan of action pertaining to the scope and detail of ho« ine proposed «ork "ill be accomplished • Cite factors which might accelerate or decelerate the %%ork and %our reason for taking this approach as opposed to others • Describe anv unusual features of the program such as design or technological innovations reductions in cost or time, or extraordinarn social and community involvement • Provide for the program quantitative monthly or quarterly projections of the accomplishments to be achieved if possible • When accomplishments cannot be quantified list them in chronological order to show the schedule of accomplishments and their target dates • Identify the kinds of data to be collected and maintained and discuss the criteria to be used to evaluate the results and successes of the project • Explain the methodology that will be used to determine if the needs identified and discussed are being met and if the results and benefits identified are being achieved • List each organization, cooperator consultant or other key individuals who will work on the project along with a short description of the nature of their effort or contribution GEOGRAPHIC LOCATION Give a precise location of the project and area to be served by the proposed project 'Saps or other graphic aids may be attached IF APPLICABLE, PROVIDE THE FOLLOWING INFORMATION: Describe the relationship between this project and other work planned anticipated or underway under Federal Assistance Explain the reason for all requests for supplemental assistance and justify the need for additional funding 1V•18 Issued Mav 1998 �pphcauon Module Discuss accomplishments to date and list in ctironological oraer ; schedule or accomplishments progress or milestones anticipated "ith the ne« rundmg request If there have been significant changes in the project objectn es location approach or time delays explain and Justin For other requests for changes or amendments explain the reason for the change(s) If the scope or objectives have changed or an extension of time is necessary explain the circumstances and tustin If the total budget has been e,,ceeded or a indn ideal budget items have changed more than the prescribed limits contained in 44 CFR 13 30 explain and justify the change and its effect on the project 1V-19 Issued play 1998 Application 4lodule EXAMPLE OF FMA PROJECT GRANT NARRATIVE STATEMENT A OBJECTIVES AND NEED Repetitive flood losses will be reduced in selected communities within the State MT-FMA-PJ The State will implement communitv flood mitigation projects that reduce flood losses to NFIP insurable structures B RESULTS OR BENEFIT The State will reduce the risk of flood damage to insurable structures in selected communities C APPROACH 1) The State will implement its Project Grant application and review process to ensure that the following activities will be completed a Solicit community Project Grant applications b Evaluate communin applications based on established State priorities c Conduct necessary environmental and benefit cost analvsis d Forward applications to FEMA for review e Award Project Grants to selected communities 2) The State will also prisure that the Project Grant application and review process considers the following types of eligible activities a Elevation or dry floodproofmg b Acquisition c Relocation or demolition d Minor structural projects e Beach nourishment activities IV--2o issued Mav 1998 koplicanon Module ) The State will ensure selected projects will meet the tollowma eligibilin criteria a Conform w ith FNl A Plan b Be located phvsicall� in an eligible commumn or benefit such communin airecdt c Be technically feasible d Be cost-etfectn e e Conform with appticable Federal and Stare regulations and executive orders Evaluation The number of repetitive losses in selected communities will be reduced within the State D. GEOGRAPHIC LOCATION Selected communities within the State 1V-21 issued Mav 1998 %pplicanpn Module PART IV-B PREPARATION INSTRUCTIONS FOR PROGRAM NARRATIVE - CONSTRUCTION PROGRAMS IV-14 Issued May 1998 Application Module PART IV-B PREPARATION INSTRUCTIONS FOR PROGRAM NARRATI`T: - CONSTRLCTION PROGRAMS AUTHORITY FOR THESE INSTRUCTIONS 44 CFR 13. Uniform Adimmstrative Requirements for Grants and Cooperative Agreements to State and Local Governments, Subpart B - Post -Award Requirements, Section 13 40 A. GENERAL INFORMATION These are the standards to follow for any construction program FEMA requires a program narrative statement for each program funded under a Cooperative Agreement FEMA Form 20-22. Narrative Statement. is to be used as the header sheet and completed once (sections I through 7) A separate FEMA Form 20-22 is not to be prepared for each program, each activity, each task or each project When reporting for CSEPP, a separate FEMA Form 20-22 will be prepared Check the box for Preparedness and CSEPP w/o EOC or CSEPP w/ EOC B. SPECIFIC INSTRUCTIONS. The program narrative statement should be based on the following instructions OBJECTIVES AND NEED FOR TIES ASSISTANCE • Pinpoint anv relevant physical econonuc social, financial, uutttutionai or other problems requiring a solution • Demonstrate the need for assistance and state the principle and subordinate objectives of the project Supporting documentation or other testimonies from concerned interests other than the applicant may be used Any relevant data based on planning studies should be included or footnoted RESULTS OR BENEFITS EXPECTED: Identify results and benefits to be derived For example, include a description who will occupy the facility and show how the facility will be used For land acquisition or development projects, explain how the project will benefit the public /V-17 Issued May 1998 4opbcation Module NPPROACH • Outline a plan or action oertaimng to me st.00e and detau oI `to�N me proposed «ork �� ul be accomplished • Cite factors «htch meant accelerate or aecelerate the «ork ana \our reason for taking this approach as opposed to others • Describe anv unusual features of the program such as design or technological innovations reductions in cost or time or ertraordinar� social and community involvement • Provide for the program quantitative monthly or quarterly projections of the accomplishments to be achieved if possible • When accomplishments cannot be quantifies list them in chronological order to sho« the schedule of accomplishments and their target dates • Identifv the kinds of data to be collected and maintained and discuss the criteria to be used to evaluate the results and successes of the project • Explain the methodology that will be used to determine if the needs identified and discussed are being met and if the results and benefits identified are being achieved • List each organization cooperator consultant or other key individuals who will work on the project along with a short description of the nature of their effort or contribution GEOGRAPHIC LOCATION Give a precise location of the project and area to be served by the proposed project Maps or other graphic aids may be attached JIF APPLICABLE PROVIDE THE FOLLOWING INFORMATION Describe the relationship between this project and other work planned, anticipated or underway under Federal Assistance Explain the reason for all requests for supplemental assistance and justifv the need for additional funding IV-18 Issued Mav 1998 �pplicanon Module Discuss accomplishments to date and list in chronotogical oraer .: schedule of accomplishments progress or milestones anticipated N,,ith the new runding request If there have been significant changes in the project objectn es location approach or time delays explain and justify For other requests for changes or amendments explain the reason for the change(s) If the scope or objectives ha,,e changed or an extension or time is necessary explain the circumstances and Justin If the total budget has been exceeded or it indn idual budget items have changed more than the prescribed limns contained in 44 CFR 13 30 explain and Justin the change and its effect on the project IV-19 Issued May 1998 application Module EXAMPLE OF FMA PROJECT GRANT NARRATIVE STATEMENT A OBJECTIVES AND ~TEED Repetitive flood losses will be reducea in selected communities within the State MT-FMA-PJ The State will implement communiry flood mitigation projects that reduce flood losses to NFIP insurable structures B RESULTS OR BENEFIT The State will reduce the risk of flood damage to insurable structures in selected commumities C 4PPROACH- 1) The State will implement its Project Grant application and review process to ensure that the following activities will be completed a Solicit community Project Grant applications b Evaluate communiry applications based on established State priorities c Conduct necessary environmental and benefit cost analvsis d Forward applications to FEMA for review e Award Project Grants to selected communities 2) The State will also gnsure that the Project Grant application and review process considers the following types of eligible activities a Elevation or dry floodproofng b Acquisition c Relocation or demolition d Minor structural projects e Beach nourishment activities IV-2o Issued Mav 1998 apphcanon Module 3) The State will ensure selected projects will meet the tollowing eligibflin criteria a Conform with FNIA Plan b Be located phvsicalh in an eligible communin or benefit such communin airecth c Be technically feasible d Be cost-effectne e Conform with applicable Federal and State regulations and executive orders Evaluation The number of repetitive losses in selected communities will be reduced within the State D GEOGRAPHIC LOCATION Selected communities within the State 1V-21 Issued Mav 1998 FEDERAL EMERGENCY MANA1dtmbN I AUQFVY 1 OUTLAY R FOR CONSTRUCTION PROGRAMT FOR SURSEMEN7 THIS NUMBER (City State and CLASSIFICATION ,ty yr O M a No 3067-0206 PAGES Expires June 30 1998 YPE OF REQUEST BASIS OF REQUEST ❑ FINAL ❑ PARTIAL ri CASH rl ACCRUAL F O RAL GRANT OR FTHER ARTI L PAYMENT R Q IDENTIFYING NO ASSIGNED NO BY FEMA (Monet day year) fEE iWhere cnscxs (City, State and day year) TOTAL s Total Federal share (sum of lines a and rl t Federal oavment orevlOusN requested u Amount reauested for reimbursement v Percentage of olmrsicill Completion of orowct dGNAT1IRE OF AUTHOR12ED CERTIFYING DATE REPORT SUBMItTED 12 CERTIFICATION a OFFICIA1 RECIPIENT certify that to the best of my knowledge and belief the billed OR PRINTED NAMG ANY NE W. awe numow costs or disbursaments are in accordance with the terms of the 4111,0i0'" 1 project and that the reimbursement represents the Federal snare auNAJZ,, �,rwnueu,I ry Nb D n,�Ne due wnlcn has not been Previously requested and tnat an o Representative oFPluu. insoeclion nas Dean performed ana all wort is in accordance with Certifying IO tine F :HIniE NAMC ANU !i, H Nt iA'ea cow "umm the terms Of the award 1 1 v in0 s10'"'�I FEMA Form 20 17 JUL 96 'Public reporting burden for this form is' estimated to average 17 2 hours per response The burden estimate includes the time for reviewing Instructions searching existing cats sources, gathering and maintaining the data needed, and completing, reviewing, and submitting the form Send comments regarding the accuracy of the I. d d an su estions for reducing the burden to information Collections Management, Fedora ur en estimate en T gg Emergency Management Agency, 500 C Street, SW, Washington, DC 20472 " INSTRUCTIONS Mark the appropriate box ? Mark the appropriate box 1 Enter the name of the FEMA Regional Office which awarded the grant/cooperative agreement to your organization i Enter the number assigned by FEMA This number can be found in item i of the Obligating Document for Award/Amendment, FEMA Form 76-10A 5 This item will not be used to report in the EOC program 5 Enter the number assigned by the Internal Revenue Service This number should be the same number reported in item of the applicant's Application for Federal Assistance, SF 424 7 This space is reserved for an account number or other identifying number assigned by the recipient 8 Enter the beginning and ending dates of the quarter you are reporting on 9 Enter the name and address of the organization receiving the grant This information should be the same information as shown in item 6 of FEMA Form 76-10A 10 Enter where checks should be sent if different than item 9 11 a Enter amount expended for such items as travel, legal fees, rental of vehicles and any other administrative expenses include the amount of interest expense when authorized by program legislation 1 1 b Enter the amounts pertaining to the work of locating and designing, making surveys and maps, sinking test holes, and all other work required prior to actual construction 11 c Enter all amounts directly associated with the acquisition of land, existing structures, and related right-of-way (this Includes purchase, lease, end/or easements) t td Enter basic fees for services of architectural engineers relating to construction (this includes start-up services and preparation of project performance work plan) 116 Enter amounts for other architectural engineering services, such as surveys, tests, soil borings, etc Do not include amounts shown on line 11 d 11f Enter construction monitoring, engineering inspection, and audit fees of construction and related programs l l g Enter all amounts associated with the development of land where the primary purpose of the grant is land improvers 11 h Enter the dollar amounts used to provide relocation advisory assistance and net costs of replacement housing 111 Enter the amount of relocation payments made by the recipient to displaced persons farms, business concerns, am nonprofit organizations 111 Enter gross salaries and wages of employees of the recipient and payments to third party contractors directly engai in performing demolition or removal of structures from developed land 11k Enter those amounts associated with the actual construction of, addition to, or restoration of a facility Also, inciu the amounts for project improvements such as sewers, streets, landscaping and lighting 111 Enter amounts for all equipment, both fixed and movable, exclusive of equipment used for construction 11 m Enter the amounts for all Items not specifically mentioned above l l n Enter the total cumulative amount to date which should be the sum of lines 11 a through 11 m 110 Enter the total amount of program income applied to the grant or contract agreement except income on line I Ider on a separate shoat of paper the sources and types of the income lip Enter the net cumulative amount to date which should be the amount shown on line 11 n minus the amount on Mir 11 q Enter the Federal share of the amount shown on line 11 D 11 r Enter the amount of rehabilitation grant payments made to individuals when program legislation provides 100 pert payment by the Federal agency l l s Enter the total amount of Federal share lit Enter the total amount of Federal payments previously requested ifthis form is used for requesting reimbursame l l u Enter the total amount being requested for reimbursement This amount should be the difference between the an shown on Imes l l q and i 1 t If different explain on a separate sheet 1 1 v Enter the actual percentage of project already constructed 12 The purpose of this item is to verify that the costs or disbursements are in accordance with the terms of the pro; 1 2a To be completed by the recipient official who is responsible for preparation ano suomission of the outiay report 1 2b , o be completed by the official representative who Is certifying to trio percent lit project COmpl¢tldn as pfbVld¢d the terms of the grant or cooperative agreement Refer to Outlays Module Part III for detailed instructions e C 0 � O I N I G a a _ d G 19 O I I W 10 u II 10 d E a I I I I I I❑ 0 oll C ICI E` d d N o LL O O¢Q m LL v N z aw a �z W cai �I ❑ ❑ 0.� IV o U) m u 7 m y0 m Yp z g O ❑ oFZ E ,may CLL N 6e W ❑ O �<W U) y�� Q ? Vl U z Q low 4Oo Z I � z Q S YU O z z W Q O I� IJ IW Y WfZ O a W W W M � G O.0 N N N O c € a a d t I m J o Iz0 ❑ IE W O � u � c aw wli wu K d e w NZWq Cpo W C N do 0 0 a I N ro w O U C o = a A O 'O L^ d N f C C N C c 0 O g A % d C p O CQ A o UI o U a N NI r N m P > > W I d. `li dId Q7 O S Q LL O �I u l c CId OUI `I � d � O NI w 0 Ty U AI OI O y C LI d L ` A CI a TI ` N OI 0.C'I wNlI �C 01 A j� C`11 A ILI {L CI ��i U Q AiY OI a 9 6I V .A. CI O C I v a ml O dIIQ LL .d. �I z! LLI-' E d rl ml LLIm Z L V v vim RI- 10 w to I� I �- 9 0 0 O 4 U O = N c E u c d O a m m m W N O Uo w In (n0 C N .. q m m p O m E m E d c E o ci cc m =m c E m a m 9 c E m m m E N m m m a " m % 7 2 m m -0C C N ° n O m ` O E C E m 4 E m 0 ; h N U W Ci m Q L C L 7 = m m N N N O m a m c 0 m 10 0 C N T C m () 0) 3 O i N N O >> 01 a m m o c a m m o m >`, Z L c O C m m E c = c a 0 m C m r m e N _ G O a °«' ^ 0 2m 9 c m m a' o m E 0 Z E O m W > C 8c m O n = c m }}a m C cmi m v j O r = 9 U m C O C m; > m m m r 7 7 m C O O 9 n d m C c = Z `r° =c W E o c a Z O w .0 m m° 06 m > Y O 4m7 Ol C c G m m o > m O 0 ac W = 0 C m0.. c c m c O Co O D O a Cl O L 0c O. m m m `m mm -0 O N 0-0 m a - a a coMm = O p fLL CO C OO mc°�: 0 CC m Cm E c c 9C A ^ F m@^ r_ m a C 9c m O C E m .+ O _ N= O m - fz 9 y N L m 0 Cl N m O O n 9 C 6f OI O T N m C N L 0N7 m o L Q m 9 d d p C w V W Tro m .G m 0 E co G y .L. m m 9 'm0 C— m O 5 u e $_ E d a u� c o n o C a' m° m E o '=° 9 E 9 0QQ ci m m - LL r I .E O' C N .- 10ms L Ovm 'mr° cc� O m a>mmgc cmc+x O atN�� m a N m r m O m x x m m m« 0 — m 0 O 0-0 0 m LO1 E m C ^ Q= `° N m 5 U. « aN H 3 ao m c E -00 �° c c° c N o c M 0 r m C y y O O m m m N m 0 ° m E m m C m C 0 0 m = C m m m C m !0 a 0 .O m �. y m m m-0- c; C= E"« « L O m c lr �, m era U •' 10 C C c C E m p m d y Y m= U CL C= C C ,8 o a 0.i M E2 E.O. °nm ELS UcL Lm m LLL.-. n0= 0i C pC C,0 C 0 0E C N L. m cm « mf� m0NO Lm.. Z LZZ L0 0 C LY C r C «E •m.. O U « �m �m+ C E w0. o > CD E ` Cl m` E `m d d r m m W C C N m t0 C ^ C C L m W I^ L m 1- CL L C U W O c U W lL W m C fn W O 7 lL W W L°L W lL lL W W V L V U -` m c m u 'v m Ot L a m m p O 0 0 0 0 0 0 0 0 0 N Federal Emergency Management Agency a Region VT Federal Regional Center 800 North Loop 288 Denton, TX 76201 3698 September 1998 Silbert Ward Texas Water Development Boaro P 0 Box 13231 Austin, Tx 78711-3231 Dear Mr Ward 7e have completed our review of the four project applications =uomlttea for f-naina through the F_coa Mitigation Pssistance (FMA) roaram Basea ucon this review, .e are pieasea to inform you that �he Harris County Acquisition, City of Denton Acquisition, and the city of Grand Prairie Bank Stabilization projects have been approved however, due to the lack of information referenced in a previous letter dated August 14, 1998, t is our recommendation that the City of Dallas project be resubmitted in Fiscal Year 1999 with the required documentation, at which time we will reconsider the application for funding The Harris County and City of Denton acquisition projects are subject to the following conditions The State, as Grantee, must ensure that 1) the property owners must VOLUNTARILY elect to participate in the program, and the Subgrantee must inform the prospective participants in writing that they will not use their condemnation authority to acquire the property should negotiations fail, 2) all property acquired must carry a restriction that the land will be maintained as open space in perpetuity, and that no future Federal disaster assistance will be made available to it, 3) any duplication of benefits with other of the 3s ofoassird stance ais forth avoided as mandated by section in 44 CFR 209 191, and 4) the Grantee and subgrantee must follow all applicable local, state and Federal laws, regulations, and requirements for the abatement and disposal of lead, asbestos, and other routinely encountered hazardous substances If any unusual substance or extraordinary amounts of the aforementioned substances are encountered, the Grantee will contact FF14A Region VI, and the relevant agency with authority for regulation of the substance The actions identif-ea _ these three project appl-caticns have been Categor-caily Excluded CyTE{) from the neea to prepare an Environmental impact Statement accoraance with 44 CFR 10 8(d)(2) No eYtraorainary circumsta-ices were rdentifiea ana copies of the CATEX and the environmental ecxlist on each project are enclosed Please provide a copy of the appropriate CATEX to the Subarantee Since these projects affect �:�e zlooaplain, each Subgrantee must prepare a final Public Notice on the project _n accoraance with Executive Order 11988 and 44 CFR 9 12(e) In addition, please forward a list of the recipients of the planning grants to our office when established a copy of the Public Notice on each project, as well as a copy of the completed flood mitigation plan for each planning grant recipient, should be forwarded to the following FEMA Region VI Attn Lisa Jennings 800 North Loop 238 Denton, T" '6201 Funding for these FMA projects, as well as the Technical Assistance and Planning funds, Jill oe requested as of this gate, and you will be advised when the funds are available in the SMARTLINK system for drawdown By regulation, the Grantee is prohibited from e%tracting the project funds for a period of fifteen (15) days following the date of the Public Notice In accordance with 44 CFR Part 78 13(b), the grantee must submit performance and financial reports to FEMA and must ensure that all subgrantees are aware of their responsibilities under 44 CFR Part 13 and 14 If you have any questions concerning these applications, please contact me at (940)898-5283 Sincerely, ka, Q� Lisa Jennings Natural Hazards Program Specialist Enclosures Categorical Exclusion (Level 2) Flood Mitigation Assistance Program DSR or Project # - 1 Location, City of Denton City or County and State Project Description: Acquisition of Floodprone structures The actions identified in this project application or DSR dated September 15, 1997 meet the criteria for Categorical Exclusion (CATEX) from the preparation of environmental impact statements and environmental assessments in accordance with 44 CFR Part 10 (d) (2) No extraordinary circumstances in accordance with 44 CFR 10 8 (d)(3) have been identified regarding this action A record of the review of these considerations is contained within the attached Environmental Considerations Checklist _This project does not require further consideration regarding compliance with the National Historic Preservation Act XX Consultation in accordance with Section 106 of the National Historic Preservation Act was performed The following conditions apply to this project Per letter dated August 18, 1998, the State Historic Preservation Office has reviewed the proposed project and has determined that the structures are not eligible for listing on the National Register of Historic Places However, if any cultural remains are encountered during construction or disturbance activities, work should cease in the immediate area and the appropriate authorities notified The actions identified in this project have been reviewed, and to the best of our knowledge, do not have potential for significant cumulative impact when the proposed action is combined with other past, present, and reasonably foreseeable future actions, even though the impacts of the proposed action may not be significant by themselves, in accordance with 44 CFR Part 10 8 (d) (3) (x) Prepared By Date 3 q� R ie a By Dat Attachment Revised 8/3/98 ATTACHMENT Property Acquisition List 1 215 Stroud 2 300 Stroud 3 300 W Sycamore 4 301 Robinson 5 604 Skinner Environmental Considerations Checklist Flood Mitigation Assistance Grant Program Texas Water Development Board City of Denton Acquisition I Compliance Review for Environmental Laws (other than NEPA) A National Historic Preservation Act HISTORIC STRUCTURES ® Activity Excluded from Review - review concluded ❑ Structure less than 50 years old - review concluded ❑ Structure over 50 years old and activity not excluded ❑ Structure Determined Ineligible (SHPO/FEMA determination on file) - review concluded ❑ Structure Determined Eligible (SHPO/FEMA determination on file) ❑ No Effect Determination Are project conditions required ❑YES []NO ❑ No Adverse Effect Determination Are project conditions required) ❑ YES []NO ❑ Adverse Effect Determination Are project conditions required (SMMA or MOA)' []YES [:]NO Comments Per letter dated August 18, 1998, from Gregory W Smith of the Texas Historical Commission, the houses in associated with this project will not affect sites that are eligible for inclusion on the National Register of Historic Places ARCHEOLOGICAL RESOURCES ® Project involves minor disturbance to a previously disturbed area - review concluded Cr Project does not involve any or only minor disturbance of previously undisturbed ground - review concluded ❑ Project involves greater than minor disturbance of previously undisturbed ground ❑ SHPO indicates law potential for presence of archeological resources - review concluded ❑ SHPO indicates high potential for resources to be present ❑ No Effect Determination Are project conditions required' ❑ YES ❑ NO ❑ No Adverse Effect Determination Are project conditions required? ❑ YES ❑ No ❑ Adverse Effect Determination Are project conditions required (SMMA or MOA)7 ❑ YES ❑ NO Comments Per letter dated August 18, 1998, from Gregory W Smith, of the Texas Historical Commission, if any cultural remains are encountered during the construction or disturbance activities, work should cease immediately and the appropriate authorities notified B Endangered Species Act ❑ Project does not affect the physical environment (land disturbance, vegetation removal, sedimentation, dust, noise/waste/hazardous materials emission into the environment, etc ) - review concluded ® Project affects the physical environment ® Threatened or endangered species not present - review concluded ❑ Species present ❑ Review and consultation process ccmpietea and on t-le �iC oa Are project conditions requirea� ❑ YES ❑ NO Comments This project is an acquisition, therefore, the land will be returned to open space which will allow for the return to it's natural state No known sensitive ecosystems exists within the project area C Fish and Wildlife Coordination Act ® Project is not located in a waterway and does not affect a waterway - review concluded ❑ Project is in or affects a waterway ❑ Consultation with US Fish and Wildlife Service complete and on file Are project conditions required ❑ YES ❑ NO Comments D Wild and Scenic Rivers Act ® Project is not along and does not affect Wild or Scenic River - review concluded Project is along or affects Wild or Scenic River ❑ Consultation complete and on file Are project conditions required' ❑ YES ❑ NO Comments E Coastal Barrier Resources Act (CBRA) ® Project is not located in a CBRA area - review concluded ❑ Project is located in a CBRA area ❑ Consultation with DOI (U S F&W) completed Are project conditions required ❑ YES ❑ NO Comments F Clean Water Act —Section 404 ® Project is not located in a waterway/body or jurisdictional wetland subject to Section 404- review concluded ❑ Project is located in a waterway/body or jurisdictional wetland ❑ Project falls under a Section 404 Nationwide Permit, Permit # ❑ Consultation with Corps of Engineers completed Are project conditions required'❑ YES ❑ NO Comments G Other Relevant Laws and Environmental Regulations Identify Law/Regulations, Issues, and Resolution Comments II Compliance Review for Executive Orders A E O 11988 - Floodplains 2 ❑ Outside Floodplain and No Effect on Floodplains/Flood levels - review concluded ® Located in Floodplain or Effects on Flooplains/Flood levels ❑ Minimal investment in floodplain - review concluded ® Beneficial Effect on Flooplain Occupancy/Values - review concluded Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment ❑ 8 Step Process Complete - public notice and documentation on file - review concluded Are project conditions required, ❑ YES ❑ NO Comments According to the National Flood Insurance Rate Map #48121C0360 E dated April 2, 1997, for Denton County, Texas, the structures recommended for buyout are located in and near the regulatory floodway This project will have a beneficial effect on these areas once the structures are removed and the land returned to it's natural state B E 0 11990 - Wetlands ® Outside Wetland and No Effect on Wetlands - review concluded ❑ Located in Wetland or Effects on Wetlands ❑ Beneficial Effect on Wetland - review concluded ❑ Possible adverse effect associated with constructing in or near wetland ❑ 8 Step Process complete - public notice and documentation on file - review concluded Are project conditions required'❑ YES ❑ NO Comments According to the project application, there are no known wetlands in the proposed project area C E O 12998 - Environmental Justice For Low Income and Minority Populations ® No Low income or Minority Population in or near project area - review concluded ❑ No Adverse effects to any population - review concluded ❑ Low income or Minority Population in or near project area ❑ No disproportionately high or adverse effects on low income or minority population - review concluded ❑ Disproportionately high or adverse effects on low income or minority population ❑ Public involvement, assessment, and mitigative measures resolved - review concluded Are project conditions required'❑ YES ❑ NO Comments Per letter dated August 20, 1998, from Mr Paul Williamson, although this project as in a low to moderate income area, it should benefit the area with no substantial negative consequences III Other Environmental Issues identify other potential environmental concerns in the comment box not clearly falling under a law or executive order Comments IV Extraordinary Circumstances Based on the review of compliance with other environmental laws and Executive Orders, and in consideration of other environmental factors, review the pro3ect for extraordinary circumstances • A "Yes" under any circumstance requires an Environmental Assessment (EA) with the exception of (ii) which should be applied in con3unction with controversy on an environmental issue Yes No ❑ ® (i) Greater scope or size than normally experienced for a particular category of action ❑ ® (11) Actions with a high level of public controversy ❑ ® (iii) Potential for degradation, even though slight, of already existing poor environmental conditions, ❑ ® (iv) Employment of unproven technology with potential adverse effects or actions involving unique or unknown environmental risks, ❑ ® (v) Presence of hazardous or toxic substances at levels which exceed Federal, state or local regulations or standards requiring action or attention, ❑ ® (vi) Presence of endangered or threatened species or their critical habitat, or archeological, cultural, historical or other protected resource, ❑ ® (vii) Actions with the potential to affect special status areas adversely or other critical resources such as wetlands, coastal zones, wildlife refuge and wilderness areas, wild and scenic rivers, sole or principle drinking water aquifers ❑ ® (viii)Potential for adverse effects on health or safety, & ❑ ® (ix) Potential to violate a federal, state, local or tribal law or requirement imposed for the protection of the environment ❑ ® (x) Potential for significant cumulative impact when the proposed action is combined with other past, present and reasonably foreseeable future actions, even though the impacts of the proposed action may not be significant by themselves Comments V Environmental Review Pro]ect Conditions 1 If ground disturbing activities occur during implementation, the applicant will monitor excavation activity, and if any artifacts or human remains are found during the excavation process all work is to cease and the applicant will notify FEMA, the state emergency management agency, and SHPO 2 The applicant must follow all applicable local, state, and Federal laws, regulations, and requirements for the abatement and disposal of lead, asbestos, and other routinely encountered hazardous substances If there is an unusual material encounterea or there is an extraordinary amount of lead, asbestos, or other routinely encountered material the applicant will contact 4 FEMA, the state emergency management agency, and the relevant state or Federal agency with authority for regulation of the material other Required Project specific Conditions Prepared ByDate Title Natural Hazards Program Specialist Organization FEND. Region VI, Mitigation 5 William B Madden, Chairman NoC Fentiandev, Vue Chairman Elvne M Barr6n M DI , Member Craig D Pedeisen Jack Hunt Member Charles L Geien Men+ber Erecutsve Administrator Wales H Madden Jr Membn January 20, 2000 Mr Mike Jez City Manager City of Denton 221 N Elm, City Hall West Denton, Texas 76201 Re Flood Mitigation Assistance (FMA) Project Grant Contract Between the City of Denton (City) and the Texas Water Development Board (Board), TWDB Contract No 99-001-027, Time Extension No 2 Dear Mr Jez The Federal Emergency Management Agency (FEMA) has approved to extend the expiration date for the above referenced contract This letter will represent a contract amendment that will change the expiration date for the completion of the project grant from December 31, 1999 to June 30, 2000 All other terms of the contract will remain unchanged Please indicate your concurrence with these revised dates by signing below Retain an original for your files and return the other original letter to the attention of the Research and Planning Fund Grants Management Division at the address shown below by January 31, 2000 If you have any questions concerning the contract, please contact Mr Gilbert Ward, the Board's designated FMA Project Manager, at (512) 463-6418 Sinc rely, ommy Kno Ph PE Deputy Exe ve Administrator Office of Planning CITY OF DENTON ( f ") r Mike z City Me g Date cc Paul Williamson, City of Denton Gilbert Ward, TWDB One Misswn Rovide leadessbrp technicalsemicet and(inancial assistance to support planning on,avanan and rzrponvblc dra r[opnrcnt n/ uunet /a l evn P O Box 13231 • 1700 N Con6ress Avenue • Austin Tcxis 78711 3231 Telephone (512) 463 7847 • Telefax (512) 475 2053 • 1 800 RELAY TX (fin the he trir% i[lip urad) A \99001027 X2 do d URL Address http //www twdb stite rx us • E Mill Addi<,, mf,0-mclb .tsu rx us Punted (in Recycled Pipci William B Madden Chairman Jack Hunt Member Wales H Madden Jr, 'Member September 8, 2000 Mr Mike Jez City Manager City of Derhton 221 N Elm, City Hall West Denton, Texas 76201 Craig D Pedersen ErecutimAdmmutramr Nob Ferndndm Vice Charrman William W Meadows Membrr Kathleen Hartnett White Member Re Flood Mitigation Assistance (FMA) Project Grant Contract Between the City of Denton (City) and the Texas Water Development Board (Board), TWDB Contract No 99-001-027, Time Extension No 3 Dear Mr J,ez The Federal Emergency Management Agency (FEMA) has approved to extend the expiration date for the above referenced contract This letter will represent a contract amendment that will change the expiration date for the completion of the project grant from June 30, 2000 to October 31, 2000 All other terms of the contract will remain unchanged Please indicate your concurrence with these revised dates by signing below Retain an original for your files nd return the other original letter to the attention of the Research and Planning Fund Grants ME nagement Division at the address shown below by September 19, 2000 If you have any questions concerning the contract, please contact Mr Gilbert Ward, the Board's designated FMA Project Manager, at (512) 463-6418 Sincerely, 3`0mmy KnpWs , Ph D , P E Deputy Ex(scutive Administrator Office of Olanninq CITY OF DENTON 0 City Ma Date q— 15� 00 cc Pa�ul Williamson, City of Denton Glilbert Ward, TWDB OurMus:on Provideleadersh�p, technicalservicesandfrnaneralassistancetosuppertplanning, conservation, andresponstbledevelopmentofwaterforTexas i P O Box 13231 • 1700 N Congress Avenue • Austin, Texas 78711-3231 �'&"t% 1 �8h7 • Telefax (512) 475-2053.1-800- RELAY TX (for the hearing impaired) V tRPFGM jFj" Tess ttp llwww twdb state tx us • E-MailAddress info@rwdb state tx us 1'rrntedon Recycled Paper Witham B Madden di arrman Jack Hunt Member Wales H Madden Jr , Member December 21, 2000 Mr Mike Jez City Manager City of Denton 221 N Elml, City Hall West Denton, Texas 76201 Craig D Pedersen FxerunveAdminutrator Nob Fern$ndim Vire-Chapman William W Meadows Member Kathleen Hartnett White Member Re Flood Mitigation Assistance (FMA) Project Grant Contract Between the City of Denton (City) and the Texas Water Development Board (Board), TWDB Contract No 99-001-027, Time Extension No 4 Dear Mr Jez The Federal Emergency Management Agency (FEMA) has approved to extend the expiration date for the above referenced contract This letter will represent a contract amendment that will change the expiration date for the completion of the project grant from October 31, 2000 to January 31, 2001 All other terms of the contract will remain unchanged Please indicate your concurrence with these revised dates by signing below Retain an original for your files and return the other original letter to the attention of the Research and Planning Fund Grants Management Division at the address shown below by January 21, 2000 If you have any questions concerning the contract, please contact Mr Gilbert Ward, the Board's designated FMA Project Manager, at (512) 463-6418 Sincerely, ommy owles , PhD , P E Deput xbcutive Administrator Office of Planning CITY OF DENTON f r Mike 4ez City Managerrl �J Date �D v cc Paul Williamson, City of Denton Gilbert Ward, TWDB OurMuston Provide kadership, technicalservicesanditnancialassutancetosupportplanning, comeroanon and responssbledevelopmentofwaterforTexas P O Box 13231 • 1700 N Congress Avenue • Austin, Texas 78711-3231 WV > (j 12 63-7847 • Telefax (512) 475-2053 • 1-800- RELAY TX (for the hearing impaired) V \RPFGM A Yjjii ressso http //www twdb state as us • E-Mad Address mfo@twdb state tx us Prinnedon ReryckdPaper