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R2023-028 2023-01-23RESOLUTION NO. R2023-28 A Resolution of The City Council of the City of Pearland, Texas, designating Interim City Manager Trent Epperson, and/or his designee, to accept the terms, conditions and award of funds from the Texas Water Development Board Flood Mitigation Assistance Program, in the amount of $499,760.00, for the elevation of two (2) severe repetitive loss, flood prone properties located within the City limits. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby designates Interim City Manager Trent Epperson, and/or his designee, to accept the terms, conditions and award of funds from the Texas Water Development Board Flood Mitigation Assistance Program, in the amount of $499,760.00, for the elevation of two (2) severe repetitive loss, flood prone properties located within the City limits. PASSED, APPROVED and ADOPTED this the 23rd day of January, A.D., 2023. _____________________________ J. KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 254A5A33-7308-42E8-90F2-F84BAA3C7794 DocuSign Envelope ID: DF8BDBFB-C1AA-4CC3-AB57-2589660EF635 TEXAS WATER DEVELOPMENT BOARD CONTRACT INITIATION FORM Contract No, Payable TWDB Contact Information Contract Manager Veronica Villalobos-Pogue Offlce/DMsion/Sectton WSC/FSCA/GC Phone Number 512-383-6761 2000012629 Grant Receivable Board Approval Date (N/A lf no date) Start Date Street Address 3519 Liberty DR STE 201 City,State,Zip Pearland, TX77581 Telephone Number 281-652-1637 Vendor Contract Mgr /Email Address Joel Hardy /Jhardy@pearlandtx.gov Yes Expiration Date 07/18/25 Signer of Contract/Email Address Trent Epperson/tepperson@pearlandlX.gov sr n a FUND 4-XXXX FUND 4-XXXX 0001 TWDB Share of Costs COBJ 4- COBJ 4- 7611 Anticipated Budget MOF 3·XXX MOF 3·XXX F06 Procurement & Contract Services Budget Director [and Budget Officer] Contract Manager Program Manager Division Director Legal Counsel Financial Operations Deputy Executive Administrator Executive Administrator [or Designee) TWDB Subtotal Receivable Subtotal Contractor Subtotal Cameron Turner Sergio Rey GJ: tJ Veronica Villalobos-Pogue Kathy Hopkins Saul Nuccitelli Kaye Schultz Letty Molina EE: John Dupnik Jeff Walker AL: PREV New Contract Amendment Amendment No. (If applicable) Receivable FEMA Contract: 2000012626 EMT-2020·FM·D07, EMT-2020-FM-007-0005; External Contract No CFDA No. 97 .ozg Briu:orta/FortBend/Harrts Retalnage % See Below Special Instructions 100% reimbursed up to 90% of the grant funding as per the standard language in the contract. FY 2020 FMA City of Pearland seeks to mitigate 2 flood prone structures through elevation. Detailed Description or Amendment Best Value Standard -Procurement Method (X method used) Method X Announcement/Publication AY 2022 AY 2022 499,760.00 499,760.00 AY 2023 AY 2023 Total Funds Expire Total Funds Expire 499,760.00 499,760.00 Revtsed4/27/21 DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A 2/23/2023 TWDB Contract No. 2000012629 Section I, Page 1 of 3 STATE OF TEXAS TWDB Contract No. 2000012629 COUNTY OF TRAVIS Flood Mitigation Assistance Project Grant CITY OF PEARLAND This Contract (hereinafter CONTRACT) is entered into by and between the TEXAS WATER DEVELOPMENT BOARD (TWDB), the RECIPIENT, serving as administrator of the Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance Program, and City of Pearland, the SUBRECIPIENT (CONTRACTOR). SECTION I. SPECIFIC CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT ARTICLE I. DEFINITIONS: For the purposes of this CONTRACT, the following terms or phrases are defined as follows: 1. TWDB/RECIPIENT - The Texas Water Development Board, Data Universal Number System (DUNS) No. 091209978, or its designated representative. 2. FEMA - Federal Emergency Management Agency 3. FMA - Flood Mitigation Assistance Program, Catalog of Federal Domestic Assistance (CFDA) No. 97.029 4. 2 CFR PART 200 - Title 2 of the Code of Federal Regulations, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 5. CONTRACTOR/SUBRECIPIENT - City of Pearland, DUNS No. 020796397 6. EXECUTIVE ADMINISTRATOR - The Executive Administrator of TWDB or a designated representative. 7. PARTICIPANT(s) - Property owners participating in the Flood Mitigation Assistance subgrant (EXHIBIT B). 8. REQUIRED INTERLOCAL AGREEMENT(s) - N/A 9. FEMA APPROVAL DATE - March 22, 2022 10. TWDB APPROVAL DATE – October 7, 2021 DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section I, Page 2 of 3 11. PROJECT AREA - The project area is more specifically defined in EXHIBIT B (the original grant application). 12. CONTRACT EFFECTIVE DATE - March 22, 2022 13. PROJECT COMPLETION DATE - March 21, 2025 14. CONTRACT EXPIRATION DATE - July 18, 2025 15. TOTAL PROJECT COST - $ 499,760.00 16. FEDERAL SHARE OF THE TOTAL PROJECT COST - Not to exceed $ 499,760.00 17. TWDB SHARE OF THE TOTAL PROJECT COST- Not to exceed $ 0 18. LOCAL SHARE OF THE TOTAL PROJECT COST - is estimated to be $ 0 19. PAYMENT REQUEST SCHEDULE - Submit payment requests totaling a minimum of $5,000 on a Federal quarterly basis, unless it is the final payment request being submitted. 20. OTHER SPECIAL CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT (ALL SPECIAL CONDITIONS ARE SUBJECT TO THE INDIVIDUAL CONTRACT CIRCUMSTANCES.): A. In accordance with Section II, Article VIII, DISTRIBUTING GRANT FUNDS, upon request from CONTRACTOR, TWDB will advance funds for mitigation of structures not to exceed 5 structures per advance request. Subsequent advance requests by CONTRACTOR will only be approved by TWDB if 70 percent (70%) of the immediate prior advance of funds has been expended and if 100 percent (100%) of all other prior advance funds have been expended. All CONTRACTOR requests for advance funds must include a narrative progress report and justification for the advance of funds, which must include an executed copy of any subcontract documents between PARTICIPANT and CONTRACTOR and a timeframe for completion of work under each subcontract. B. No reimbursement or advance will be released until CONTRACTOR submits an implementation plan and the plan or any future modifications are approved by TWDB. C. Section II, Article VIII, Paragraph 4, the following additional paragraph is added: CONTRACTOR must develop standard subcontract/agreement templates for use with individual PARTICIPANTS and must submit the standard DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section I, Page 3 of 3 subcontract/agreement templates to the EXECUTIVE ADMINISTRATOR for review and approval prior to use or execution of any documents with individual PARTICIPANTS. Any subsequent modifications to the approved templates must also be submitted for review and approval by the EXECUTIVE ADMINISTRATOR prior to use. CONTRACTOR and its subcontractor(s) must keep executed copies of all agreements entered into and relating to the work under this CONTRACT. D. CONTRACTOR must meet with TWDB’s designated Contract Manager on a (biweekly) basis to discuss the progress of the project as well as any delays or concerns. E. Section II, Article VIII, Paragraph 10, last sentence is changed as follows: Any expenses incurred by CONTRACTOR above the amount of the previous advance will be reimbursed to CONTRACTOR based on the cost share percentages shown in EXHIBIT D. F. CONTRACTOR must ensure that all mitigated structures maintain NFIP flood insurance policies valid through the date FEMA approves closeout of the subgrant. If CONTRACTOR fails to ensure NFIP policy coverage is in place by providing a current declarations page for each property, CONTRACTOR must purchase NFIP policies on behalf of the property owner. If CONTRACTOR fails to ensure that NFIP policy coverage is maintained, CONTRACTOR will be responsible for repayment of the elevation or mitigation cost for each property without an active NFIP policy at the time of FEMA closeout. G. CONTRACTOR must submit documentation of final notice issued that meets the requirements under Executive Order 11988 as indicated in Exhibit A, not later than 15 days prior to the first structure being mitigated under this agreement. No funds will be reimbursed until such documentation is provided and receives TWDB’s concurrence. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 1 of 19 SECTION II. STANDARD AGREEMENT ARTICLE I. RECITALS WHEREAS, CONTRACTOR applied through TWDB for a FEMA project grant under the FMA program to mitigate specific flood problems as identified in EXHIBIT B, the original grant application, which is incorporated herein and made a permanent part of this CONTRACT; and WHEREAS, CONTRACTOR and PARTICIPANTS will commit cash and/or in-kind services to pay the LOCAL SHARE OF THE TOTAL PROJECT COST, if applicable; and WHEREAS, CONTRACTOR will receive grant funds and will be responsible for the execution of this CONTRACT and compliance with the FMA requirements; and WHEREAS, on the FEMA APPROVAL DATE, FEMA approved CONTRACTOR’s application for financial assistance; NOW, THEREFORE, TWDB and CONTRACTOR agree as follows: ARTICLE II AGREEMENTS 1. The United States of America, through the Director of FEMA, has agreed to fund to CONTRACTOR, through TWDB, the FEDERAL SHARE OF THE TOTAL PROJECT COST. By acceptance of the funds awarded, CONTRACTOR agrees to abide by the terms and conditions of this CONTRACT as set forth in this document and the documents identified herein and made a part hereof by reference. 2. Services and activities provided under this CONTRACT must be in strict compliance with the requirements of Texas Government Code Chapter 742, as well as EXHIBIT A, the FEMA Award Package. 3. CONTRACTOR will provide Flood Mitigation Assistance to the PROJECT AREA, as delineated and described in EXHIBIT B, the original grant application, and according to the implementation plan approved by TWDB. ARTICLE III. PERIOD OF PERFORMANCE The period of performance of this CONTRACT is from the CONTRACT EFFECTIVE DATE to the PROJECT COMPLETION DATE, unless otherwise amended. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 2 of 19 ARTICLE IV. APPLICABLE FEDERAL LAWS AND RULES FEMA requires all grant recipients and subrecipients to comply with federal laws and rules. These federal laws and rules are listed in Article VIII of the FEMA Award Package (EXHIBIT A), which is incorporated herein and made a permanent part of this CONTRACT. CONTRACTOR must comply with all federal laws and rules listed in EXHIBIT A. All FEMA grants are also subject to the following requirements: 1. TWDB will reimburse CONTRACTOR for costs determined by FEMA to be allowable, allocable, necessary and reasonable in accordance with 2 CFR Part 200. 2. CONTRACTOR must follow applicable matching or cost-sharing requirements found in 2 CFR Part 200, the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, as required (EXHIBIT A). 3. The project must be administered by CONTRACTOR following the Hazard Mitigation Assistance (HMA) Unified Guidance in effect when the application (EXHIBIT B) was submitted to FEMA, which is available at www.fema.gov. 4. CONTRACTOR must notify TWDB of any funds transferred to FEMA arising from the performance of this CONTRACT, along with accrued interest, if any. 5. Construction Project Requirements A. Acceptance of federal funding requires FEMA, TWDB and CONTRACTOR to comply with all federal, state, and local laws prior to the start of any construction activity. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. B. Any changes to the approved scope of work as outlined in EXHIBITS A and B will require re-evaluation by TWDB and FEMA for CONTRACTOR compliance with the National Environmental Policy Act and other laws and Executive Orders. C. If ground disturbing activities occur during construction, CONTRACTOR must ensure monitoring of the ground disturbance and, if any potential archeological resources are discovered, CONTRACTOR must immediately cease construction in that area and notify TWDB and FEMA. 6. Publication Rights. Any publication resulting from work performed under this CONTRACT must include an acknowledgement of FEMA financial support and a statement that the publication does not constitute an endorsement nor reflect the views of FEMA or TWDB. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 3 of 19 7. Contract Amendments. No subsequent grants, monetary increase amendment, or time extension amendment will be approved unless all overdue financial or performance reports have been submitted to TWDB by CONTRACTOR. Exceptions to this policy can be approved only by FEMA. 8. Registration and Reporting Requirement. Pursuant to the Federal Funding Accountability and Transparency Act of 2006, Pub. L. 109-282, CONTRACTOR is required to obtain a Data Universal Numbering System (DUNS) number and register with the System of Award Management (www.sam.gov). Registration and reporting requirements must be maintained during the life of this CONTRACT. ARTICLE V. INTELLECTUAL PROPERTY: OWNERSHIP, PUBLICATION, AND ACKNOWLEDGEMENT 1. For purposes of this Article, “Contractor Works” are work products developed by CONTRACTOR and any Subcontractors using funds provided under this CONTRACT or otherwise rendered in or related to the performance in whole or part of this CONTRACT, including but not limited to reports; drafts of reports; material, data, drawings, studies, analyses, notes, plans, computer programs and codes; or other work products, whether final or intermediate. A. It is agreed that all Contractor Works are the joint property of TWDB and CONTRACTOR. B. The parties hereby agree that, if recognized as such by applicable law, the Contractor Works are intended to and will be works-made-for-hire with joint ownership between TWDB and CONTRACTOR as such works are created in whole or part. C. If Contractor Works do not qualify as works-made-for-hire under applicable law, CONTRACTOR hereby conveys co-ownership of such works to TWDB as they are created in whole or part. If present conveyance is ineffective under applicable law, CONTRACTOR agrees to convey a co-ownership interest of Contractor Works to TWDB after creation in whole or part of such works, and to provide written documentation of such conveyance upon request by TWDB. D. TWDB and CONTRACTOR acknowledge that the copyright in and to copyrightable Contractor Works subsists upon creation of the Contractor Works and its fixing in any tangible medium. CONTRACTOR or TWDB may register the copyrights to such Works jointly in the names of CONTRACTOR and TWDB. E. TWDB and CONTRACTOR each have full and unrestricted rights to use Contractor Works with no compensation obligation. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 4 of 19 2. “Use” of a work product, whether Contractor Works, Subcontractor Works or otherwise, means and includes, without limitation hereby, any lawful use, copying or dissemination of the work product, or any lawful development, use, copying or dissemination of derivative works of the work product, in any medium or form, whether now known or later existing. 3. “No Compensation Obligation” means there is no obligation on the part of one co- owner or licensee of a work, whether Contractor Works, Subcontractor Works or otherwise, to compensate other co-owners, licensees or licensors of the work for any use of the work by the using co-owner or licensee, including but not limited to compensation for or in the form of: royalties; co-owner or licensee accounting; sharing of revenues or profits among co-owners, licensees or licensors; or any other form of compensation to the other co-owners, licensees or licensors on account of any use of the work. 4. “Dissemination” includes, without limitation hereby, any and all manner of: physical distribution; publication; broadcast; electronic transmission; internet streaming; posting on the Internet or world wide web; or any other form of communication, transmission, distribution, sending or providing, in any forms or formats, and in or using any media, whether now known or later existing. 5. TWDB has an unlimited, unrestricted, perpetual, irrevocable, non-exclusive royalty- free right to access and receive in usable form and format, and to use all technical or other data or information developed by CONTRACTOR and Subcontractor in, or otherwise resulting from, the performance of services under this CONTRACT. 6. For purposes of this Article, “Subcontractor Works” includes all work product developed in whole or part by or on behalf of Subcontractors engaged by CONTRACTOR to perform work for or on behalf of any CONTRACTOR under this CONTRACT (or by the Subcontractors’ Subcontractors hereunder, and so on). CONTRACTOR must secure in writing from any Subcontractors so engaged: A. unlimited, unrestricted, perpetual, irrevocable, royalty-free rights of TWDB (and, if desired, of CONTRACTOR) to access and receive, and to use any and all technical or other data or information developed in or resulting from the performance of services under such engagement, with No Compensation Obligation; and either: B. assignment by the Subcontractor to TWDB (and, if desired by them, jointly to CONTRACTOR) of ownership (or joint ownership with the Subcontractor) of all Subcontractor Works, with No Compensation Obligation; or C. grant by Subcontractor of a non-exclusive, unrestricted, unlimited, perpetual, irrevocable, world-wide, royalty-free license to TWDB (and, if desired by them, CONTRACTOR) to use any and all Subcontractor Works, including the right to DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 5 of 19 sublicense use to third parties, with No Compensation Obligation. 7. No unauthorized patents. Contractor Works and Subcontractor Works or other work product developed or created in the performance of this CONTRACT or otherwise using funds provided hereunder must not be patented by CONTRACTOR or their Subcontractor(s) unless Executive Administrator consents in writing to submission of an application for patent on such works; and provided that, unless otherwise agreed in writing: A. any application made for patent must include and name TWDB (and, as applicable and desired by them, CONTRACTOR) as co-owners of the patented work; B. no patent granted will in any way limit, or be used by CONTRACTOR or Subcontractor to limit or bar TWDB’s rights hereunder to access and receive in useable form and format, and right to use, any and all technical or other data or information developed in or resulting from performance pursuant to this CONTRACT or the use of funds provided hereunder; and C. TWDB (and, if applicable, CONTRACTOR) will have no compensation obligation to any other co-owners or licensees of any such patented work, unless otherwise expressly agreed in writing. 8. CONTRACTOR must include terms and conditions in all contracts or other engagement agreements with any Subcontractors as are necessary to secure these rights and protections for TWDB and must require that Subcontractors include similar such terms and conditions in any contracts or other engagements with their Subcontractors. For the purposes of this section, “Subcontractors” includes independent contractors (including consultants) and also employees working outside the course and scope of employment. 9. Any work products subject to a TWDB copyright or joint copyright and produced or developed by CONTRACTOR or its Subcontractor(s) pursuant to this CONTRACT or using any funding provided by TWDB may be reproduced in any medium, form or format by TWDB or CONTRACTOR at their own cost, and be disseminated in any medium, format or form by any party at its sole cost and in its sole discretion. CONTRACTOR may utilize such work products it deems appropriate, including dissemination of such work products or parts thereof under their own name, provided that any TWDB copyright is noted on the materials. 10. CONTRACTOR agrees to promptly notify TWDB regarding any media requests or inquiries relating to the work performed under this CONTRACT. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 6 of 19 ARTICLE VI. GENERAL TERMS AND CONDITIONS 1. GENERAL TERMS A. Disaster Recovery Plan. Upon request of TWDB, CONTRACTOR must provide descriptions or copies of its business continuity and disaster recovery plans. B. Dispute Resolution. The dispute resolution process provided for in Texas Government Code Chapter 2009 is available to the parties to resolve any dispute arising under the CONTRACT. D. Funding Limitation. CONTRACTOR understands that all obligations of TWDB under the contract or grant are subject to the availability of grant funds. The contract or grant is subject to termination or cancellation, either in whole or in part, without penalty to TWDB if such funds are not appropriated or become unavailable. E. Force Majeure. Neither CONTRACTOR nor TWDB will be liable to the other for any delay in or failure of performance of any requirement contained in this CONTRACT caused by force majeure. The existence of such causes of delay or failure will extend the period of performance until after the causes of delay or failure have been removed, provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. F. Governing Law and Venue. This CONTRACT is governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under this CONTRACT is fixed in any court of competent jurisdiction in Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to TWDB. G. Liability. CONTRACTOR agrees to be fully responsible for its negligent acts or omissions or tortious acts. Nothing herein will be construed as consent by the State of Texas, TWDB or any state agency or entity as consent to be sued in any matter arising out of this CONTRACT. H. Public Information Act. CONTRACTOR understands that TWDB will comply with the Texas Public Information Act, Texas Government Code Chapter 552, as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation and other material in connection with this CONTRACT may be subject to public disclosure pursuant to the Texas Public DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 7 of 19 Information Act. In accordance with Texas Government Code § 2252.907, CONTRACTOR is required to make any information created or exchanged with the State pursuant to this CONTRACT, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. I. State Auditor’s Right to Audit. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the CONTRACT or indirectly through a subcontract under the CONTRACT. The acceptance of funds directly under the CONTRACT or indirectly through a subcontract under the CONTRACT acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. J. Severability. Should any one or more provisions of this CONTRACT be held to be null, void, voidable, or, for any reason whatsoever, of no force and effect, such provision(s) will be construed as severable from the remainder of this CONTRACT and will not affect the validity of all other provisions of this CONTRACT, which will remain in full force and effect. 2. AFFIRMATIONS AND CERTIFICATIONS A. Child Support Obligation. CONTRACTOR represents and warrants that it will include the following clause in the award documents for every subaward and subcontract and will require subrecipients and contractors to certify accordingly: “Under Texas Family Code § 231.006, the contractor or applicant certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Disclosure of your Social Security Number (SSN) is required under Section 231.006(c) and Section 231.302(c)(2) of the Texas Family Code. The Social Security number will be used to identify persons that may owe child support and will be kept confidential to the fullest extent allowed under Section 231.302(e) of the Texas Family Code.” B. Contract Oversight. CONTRACTOR represents and warrants that it will maintain oversight to ensure that CONTRACTOR and Subcontractor(s) perform DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 8 of 19 in accordance with the terms, conditions, and specifications of their contracts or purchase orders. C. Debts and Delinquencies. CONTRACTOR agrees that any payments due under the CONTRACT will be applied towards any debt or delinquency that is owed to the State of Texas, including but not limited to delinquent taxes, delinquent student loan payments and delinquent child support. D. Disclosure Protections for Certain Charitable Organizations, Charitable Trusts and Private Foundations. CONTRACTOR represents and warrants that it will comply with Texas Government Code § 2252.906, relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations. E. Excluded Parties. CONTRACTOR certifies that it is not listed on the federal government’s terrorism watch list as described in Executive Order 13224. “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism,” published by the United States Department of the Treasury, Office of Foreign Assets Control. F. Executive Head of a State Agency. In accordance with Texas Government Code § 669.003, relating to contracting with the executive head of a state agency, CONTRACTOR certifies that it is not: 1) the executive head of TWDB; 2) a person who at any time during the four years before the date of this CONTRACT was the executive head of TWDB; or 3) a person who employs a current or former executive head of TWDB. G. Legal Authority. CONTRACTOR represents that it possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly adopted or passed as an official act of CONTRACTOR’s governing body, authorizing the filing of the application or response, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or the designee of CONTRACTOR to act in connection with the application or response and to provide such additional information as may be required. H. Lobbying Expenditure Restriction. CONTRACTOR represents and warrants that TWDB’s payments to CONTRACTOR and CONTRACTOR’s receipt of appropriated or other funds under the contract or grant are not prohibited by Texas Government Code §§ 403.1067 or 556.0055, which restrict lobbying expenditures. I. No Conflicts of Interest. CONTRACTOR represents and warrants its compliance with the Federal awarding agency’s conflict of interest policies in accordance with 2 CFR § 200.112. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 9 of 19 J. No Waiver of Sovereign Immunity. The Parties expressly agree that no provision of the grant or contract is in any way intended to constitute a waiver by TWDB or the State of Texas of any immunities from suit or from liability that TWDB or the State of Texas may have by operation of law. K. Open Meetings. If CONTRACTOR is a governmental entity, CONTRACTOR represents and warrants its compliance with Texas Government Code Chapter 551, which requires all regular, special, or called meetings of a governmental body to be open to the public, except as otherwise provided by law. L. Political Polling Prohibition. CONTRACTOR represents and warrants that it does not perform political polling and acknowledges that appropriated funds may not be granted to, or expended by, any entity which performs political polling. M. Records Retention. CONTRACTOR represents and warrants its compliance with the records retention requirements of 2 CFR § 200.333. TWDB reserves the right to direct a contractor to retain documents for a longer period of time or transfer certain records to TWDB custody when it is determined the records possess longer term retention value. CONTRACTOR must include the substance of this clause in all subawards and subcontracts. N. Subaward Monitoring. CONTRACTOR represents and warrant that it will monitor the activities of any subrecipient as necessary to ensure that subawards are used for authorized purposes, in compliance with applicable statutes, regulations, and the terms and conditions of the subaward, and that subaward performance goals are achieved. O. Suspension and Debarment. CONTRACTOR certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. P. Compliance with Federal Laws, Rules and Requirements. CONTRACTOR represents and warrants that it will comply and assure the compliance of all its subrecipients and subcontractors, with all applicable federal and state laws, rules, regulations, and policies in effect or hereafter established. In addition, CONTRACTOR represents and warrants that it will comply with all requirements imposed by the awarding agency concerning special requirements of law, program requirements, and other administrative requirements. In instances where multiple requirements apply to CONTRACTOR, the more restrictive requirement applies. Q. Disclosure of Violations of Federal Criminal Law. CONTRACTOR represents DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 10 of 19 and warrants its compliance with 2 CFR § 200.113, which requires the disclosure in writing of violations of federal criminal law involving fraud, bribery, and gratuity and the reporting of certain civil, criminal, or administrative proceedings to SAM. R. Byrd Anti-Lobbying Amendment. CONTRACTOR certifies that no federal appropriated funds have been paid or will be paid to any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress on its behalf to obtain, extend, or modify this contract or grant. If non-federal funds are used by CONTRACTOR to conduct such lobbying activities, Contractor must promptly file the prescribed disclosure form. In accordance with 31 U.S.C. § 1352(b)(5), CONTRACTOR acknowledges and agrees that it is responsible for ensuring that each subrecipient and subcontractor certifies its compliance with the expenditure prohibition and the declaration requirement. ARTICLE VII. STANDARDS OF PERFORMANCE. 1. Personnel. CONTRACTOR must assign only qualified personnel to perform the services required under this CONTRACT. CONTRACTOR is responsible for ensuring that any Subcontractor utilized also assigns only qualified personnel. Qualified personnel are persons who are properly licensed to perform the work and who have sufficient knowledge, skill and ability to perform the tasks and services required herein according to the standards of performance and care for their trade or profession. 2. Professional Standards. CONTRACTOR must provide the services and deliverables in accordance with applicable professional standards. CONTRACTOR represents and warrants that it is authorized to acquire Subcontractors with the requisite qualifications, experience, personnel and other resources to perform in the manner required by this CONTRACT. 3. Procurement Laws. CONTRACTOR must comply with applicable State of Texas procurement laws, rules and policies, as well as 2 CFR §§ 200.319 – 200.326, Methods of Procurement, including but not limited to competitive bidding and the Professional Services Procurement Act, Texas Government Code, Chapter 2254, relating to contracting with persons whose services are within the scope of practice of: accountants, architects, landscape architects, land surveyors, medical doctors, optometrists, professional engineers, real estate appraisers, professional nurses, and certified public accountants. CONTRACTOR must comply with all regulations listed in 2 CFR Part 200 and state law and procedure for the purchase of equipment and supplies. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 11 of 19 4. Independent Contractor. Both parties hereto, in the performance of this CONTRACT, act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party will not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. 5. Proprietary and Confidential Information. CONTRACTOR warrants and represents that any information that is proprietary or confidential and is received by CONTRACTOR from TWDB or any governmental entity will not be disclosed to third parties without the written consent of TWDB or applicable governmental entity, whose consent will not be unreasonably withheld. 6. Contract Administration. TWDB will designate a project manager for this CONTRACT. The project manager will serve as the point of contact between TWDB and CONTRACTOR. TWDB’s project manager will supervise TWDB’s review of CONTRACTOR’s technical work, deliverables, draft reports, the FINAL REPORT, payment requests, schedules, financial and budget administration, and similar matters. The project manager does not have any express or implied authority to vary the terms of the CONTRACT, amend the CONTRACT in any way or waive strict performance of the terms or conditions of the CONTRACT. 7. Nepotism. CONTRACTOR must comply with Texas Government Code Chapter 573 by ensuring that no officer, employee or member of CONTRACTOR’s governing body votes or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition does not prohibit the employment of a person who has been continuously employed for a period of two years prior to the election or appointment of the officer, employee or governing body member related to such person in the prohibited degree. 8. Remedies for Nonperformance. If CONTRACTOR fails to comply with any requirement of the CONTRACT, TWDB may terminate or cancel all or any part of the contract, may obtain substitute requested items, may withhold acceptance and payments to CONTRACTOR, may revoke any prior acceptance, may require CONTRACTOR to refund amounts paid prior to revocation of acceptance and may pursue all rights and remedies against CONTRACTOR under the contract and any applicable law. Remedies for nonperformance may also include suspension or debarment. No provision of the CONTRACT will constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to TWDB as an agency of the State of Texas or otherwise available to TWDB. The failure to enforce or any delay in the enforcement of any privileges, rights, defenses, remedies, or immunities detailed in the contract or otherwise available to TWDB by DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 12 of 19 law will not constitute a waiver of said privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. ARTICLE VIII. DISTRIBUTING GRANT FUNDS 1. TWDB agrees to compensate and reimburse CONTRACTOR in a total amount not to exceed the FEDERAL SHARE OF THE TOTAL PROJECT COST and the TWDB SHARE OF THE TOTAL PROJECT COST, if applicable, for costs incurred and paid by CONTRACTOR pursuant to performance of this CONTRACT. If applicable, CONTRACTOR will contribute local matching funds in sources and amounts defined as the LOCAL SHARE OF THE TOTAL PROJECT COST. TWDB will reimburse CONTRACTOR for one hundred percent (100%) of FEDERAL SHARE OF THE TOTAL PROJECT COST and the TWDB SHARE OF THE TOTAL PROJECT COST, if applicable, of each invoice up to ninety percent (90%) pending CONTRACTOR’s performance. Upon TWDB’s review and approval of project completion according to the specific close-out requirements for FMA, TWDB will pay the remaining ten percent (10%) to CONTRACTOR. The cost share per property is detailed in EXHIBITS A, B and D. Notwithstanding the above referenced paragraph, TWDB may provide advance funds to CONTRACTOR in order to minimize the time elapsing between the transfer of funds and their disbursement by CONTRACTOR. Such advance funds will be disbursed in compliance with FEMA regulations, including but not limited to 2 CFR Part 200. CONTRACTOR understands and agrees that it has no right to such advances, but that TWDB, in its sole discretion, may from time to time agree to advance payments before receiving any subcontractor invoices. Depending upon availability of funds, TWDB may elect to fund the LOCAL SHARE OF THE TOTAL PROJECT COST. If applicable, and if PARTICIPANT(s) have already paid some or all the required matching funds, CONTRACTOR must submit evidence that PARTICIPANT(s) have been fully reimbursed before TWDB will release these funds to CONTRACTOR. 2. Before submitting any subcontractor’s invoices and prior to reimbursement or advances of funds, CONTRACTOR must submit a copy of all procurement documents, the scoresheets for all respondents, and the official submittal of the selected subcontractor to TWDB for concurrence with 2 CFR Part 200.319-200.326. 3. CONTRACTOR must submit an implementation plan for review and approval by TWDB prior to commencement of construction activities. The approved implementation plan will then become a permanent part of this CONTRACT as EXHIBIT C. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 13 of 19 4. Requests for advance or reimbursement of subcontractor expenses will only be considered where such subcontractor procurement(s) have been submitted and where such subcontracts or agreements have been determined acceptable by the EXECUTIVE ADMINISTRATOR as described herein. The EXECUTIVE ADMINISTRATOR must provide written review and acceptance of contracts or agreements between CONTRACTOR and subcontractor(s) and between such subcontractors and any other subcontractors prior to CONTRACTOR finalizing such subcontracts or agreements. All subcontract agreements must include the DUNS number for the subcontractor. The purpose of this review is solely to ensure that the subcontracts and agreements are consistent with this CONTRACT and that the rights of TWDB are protected. CONTRACTOR understands that CONTRACTOR should obtain its own legal review of subcontracts and agreements that CONTRACTOR enters into. CONTRACTOR agrees that TWDB assumes no legal obligations under its subcontracts or agreements. Each subcontract or agreement must include a detailed budget estimate with specific cost details for each task or specific item of work to be performed by the subcontractor and for each category of reimbursable expenses. The subcontracts must conform to the terms of the CONTRACT and include provisions which require subcontractor compliance with TWDB rules. CONTRACTOR must adhere to all requirements in state law and TWDB rules pertaining to the procurement of professional services. Subcontracts for surveying activities will not be required. 5. CONTRACTOR must submit advance or payment requests and the required documentation for reimbursement according to the PAYMENT REQUEST SCHEDULE and in accordance with the approved task and expense budgets contained in EXHIBIT D to this CONTRACT. For reimbursement, CONTRACTOR must submit a signed and completed Payment Request Checklist along with task and expense spreadsheet (https://www.twdb.texas.gov/about/contract_admin/index.asp) and documentation listed below, according to the PAYMENT REQUEST SCHEDULE. All required reports must be current as detailed in Article X and XI of this section. The Payment Request package must include the following: A. The completed Payment Request Checklist must include the total incurred and paid expenses along with the following information (1) TWDB Contract Number; (2) The reimbursement period; beginning (date) to ending (date); (3) Total Expenses being requested for this period; (4) Total In-kind services, if applicable; (5) Total Federal, TWDB, and Local Share of the total study cost for the billing period, as applicable; (6) Total to be reimbursed by TWDB for the billing period; and (7) Certification, signed by CONTRACTOR’s authorized representative, that the expenses submitted for the billing period are a true and correct representation of amounts paid for work performed directly related to this CONTRACT. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 14 of 19 B. For direct expenses incurred by CONTRACTOR for subcontracted work: (1) Copies of detailed, itemized invoices/receipts from the subcontractor to CONTRACTOR and proof of payment by CONTRACTOR. Credit card summary receipts or statement are not acceptable alone; they must be accompanied by the itemized invoice or receipt; and (2) A spreadsheet showing the tasks that were performed; the percent and cost of each task completed; a total cost figure for each direct expense category contained in EXHIBIT D; and the total dollar amount paid to and due to the subcontractor(s). The spreadsheet should also include the expense budget and the cost of each expense item. Any payments of expenses which CONTRACTOR withholds from a subcontractor for the purposes of retainage, will be considered to have been paid by CONTRACTOR for purposes of determining expenses paid. C. For direct expenses incurred by CONTRACTOR other than subcontracted work:  Copies of detailed, itemized invoices/receipts from expenses purchased by CONTRACTOR and proof of payment by CONTRACTOR. Credit card summary receipts or statement are not acceptable alone; they must be accompanied by the itemized invoice or receipt; and  A spreadsheet showing the tasks that were performed, the percent and cost of each task completed, and a total cost figure for each direct expense category contained in EXHIBIT D. The spreadsheet should also include the expense budget and the cost of each expense item. D. For travel expenses for CONTRACTOR(s) and/or subcontractors: (1) Names, dates, work locations, time periods at work locations, itemization of and receipts for subsistence expenses of each employee, limited, however, travel is limited to the maximum amounts authorized by the U.S. General Services Administration, as amended or superseded. Receipts required for lodging; (2) Copies of invoices or receipts for transportation costs or, if mileage costs, names, dates, and points of travel of individuals; and (3) All other reimbursable travel expenses i.e., invoices or purchase vouchers showing reason for expense with receipts to evidence the amount incurred. 6. CONTRACTOR has budget flexibility within task and expense budget categories to the extent that the resulting change in amount, in any one task or expense category, does not exceed ten (10%) percent of the total authorized amount by this CONTRACT. Larger deviations require approval by the EXECUTIVE ADMINISTRATOR or designee and FEMA (as per 2 CFR Part 200, the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments) which will be documented through an Approved Budget DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 15 of 19 Memorandum to the TWDB contract file. CONTRACTOR will be required to provide written explanation for the overage and reallocation of the task and expense amount. For all reimbursement requests, including any subcontractor's expenses, the EXECUTIVE ADMINISTRATOR must have determined that any REQUIRED INTERLOCAL AGREEMENT(s) and contracts or agreements between CONTRACTOR and subcontractors are consistent with the terms of this CONTRACT. CONTRACTOR is fully responsible for paying all charges by subcontractors prior to reimbursement by TWDB. 7. CONTRACTOR and its subcontractors must maintain timely, true, and accurate financial accounting documents and records, including copies of invoices and receipts, and must make them available for examination and audit by the EXECUTIVE ADMINISTRATOR. Accounting by CONTRACTOR and its subcontractors must be in a manner consistent with Generally Accepted Accounting Principles (GAAP). 8. If CONTRACTOR chooses and is authorized by TWDB for the advance method for distribution of grant funds under Section I, Article I, Paragraph 21 and submits a Request for Advance Checklist to the EXECUTIVE ADMINISTRATOR, TWDB will advance to CONTRACTOR a percentage of the amount shown in EXHIBIT D not to exceed the amount of the TOTAL PROJECT COST. 9. When CONTRACTOR has incurred expenses sufficient to reconcile the advance received, CONTRACTOR must submit a Request for Advance to the EXECUTIVE ADMINISTRATOR before receiving another advance of the FEDERAL SHARE OF THE TOTAL PROJECT COST. CONTRACTOR must attach the most recent written financial reports described in Section II, Article X and performance report described in Section II, Article XI, Paragraph 1 and the documentation listed in Section II, Article VII, Paragraph 5 to the Request for Advance Checklist. Any expenses incurred by CONTRACTOR exceeding the amount of the previous advance will be reimbursed based on the percentage of the FEDERAL SHARE OF THE TOTAL PROJECT COST of this CONTRACT. 10. Within 30 days of the EXECUTIVE ADMINISTRATOR's final accounting of the amounts expended by CONTRACTOR and the amounts advanced by TWDB to CONTRACTOR, CONTRACTOR must refund to TWDB any advances not used for expenses approved by the EXECUTIVE ADMINISTRATOR. If the amounts expended by CONTRACTOR exceed the amounts advanced by TWDB, the EXECUTIVE ADMINISTRATOR will provide such differences to CONTRACTOR, if not in excess of the FEDERAL SHARE OF THE TOTAL PROJECT COST. 11. Reimbursement Requests that lack required documentation will be denied or short paid if deficiencies are not resolved within 10 business days. Denied DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 16 of 19 Reimbursement Requests or eligible expenses that were short paid must be resubmitted by CONTRACTOR with the required documentation within 30 days or prior to next reimbursement request (whichever sooner) to be reconsidered for reimbursement. 12. If for some reason a reimbursement request cannot be processed due to the need for an amendment to the CONTRACT, CONTRACTOR will be required to resubmit the Payment Request Checklist dated after the execution of the amendment. 13. CONTRACTOR is responsible for any food or entertainment expenses incurred by its own organization or that of its subcontractors, outside that of the travel expenses authorized and approved by the State of Texas under this CONTRACT. 14. CONTRACTOR is responsible for submitting any final payment request and documentation for reimbursement, along with a request to release any retained funds, no later than 45 days following the PROJECT COMPLETION DATE. Failure to submit a timely final payment request may result in a lapse of funds and unavailability of the remaining funding under this CONTRACT. ARTICLE IX. SUBCONTRACTS 1. Each Subcontract entered into to perform required work under this CONTRACT must contain the following: A. A detailed budget estimate with specific cost details for each task or specific item of work to be performed by the Subcontractor and for each category of reimbursable expenses. B. A clause stating the following: “Subcontractor agrees and acknowledges that it is subject to all applicable requirements of the master contract between the CITY OF PEARLAND and the Texas Water Development Board, TWDB Contract No. 2000012629. Subcontractor adopts by reference the requirements of Section II, Article IX of TWDB Contract No. 2000012629 for this Subcontract.” 2. All Subcontracts entered into to perform required work under this CONTRACT are also subject to the following requirements: A. The Subcontract is subject to audit by the Texas State Auditor’s Office , and Subcontractor must cooperate with any request for information from the Texas State Auditor, as further described in Section II, Article VI, Paragraph 1I.; B. Payments under the Subcontract are contingent upon appropriation of funds by the Texas Legislature, as further described in Section II, Article VI, Paragraph 1D; DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 17 of 19 C. Ownership of data, materials and work papers, in any media, that is gathered, compiled, adapted for use, or generated by Subcontractor or CONTRACTOR will become data, materials and work owned by TWDB, and Subcontractor will have no proprietary rights in such data, materials and work papers, except as further described in Section II, Article V; D. Subcontractor must keep timely and accurate books and records of accounts according to generally accepted accounting principles, as further described in Section II, Article VIII, Paragraph 7; E. Subcontractor is solely responsible for securing all required licenses and permits from local, state and federal governmental entities and solely responsible for obtaining sufficient insurance in accordance with the general standards and practices of the industry or governmental entity; and F. Subcontractor is an independent contractor and TWDB has no liability resulting from any failure of Subcontractor that results in breach of contract, property damage, personal injury or death. ARTICLE X. FINANCIAL REPORTS 1. CONTRACTOR must submit an original TWDB Quarterly Financial Report (TWDB QFR) and Federal Financial Report (FFR, SF-425) to the TWDB’s quarterly report mailbox (FloodGrantQuarterlyReports@twdb.texas.gov) within 15 days following the end of each federal quarter of the PROJECT with the exception of the final report, which is due 45 days after the PROJECT COMPLETION DATE. 2. If applicable, CONTRACTOR must submit any other reports specified in EXHIBIT A of this CONTRACT. ARTICLE XI. PERFORMANCE REPORTING 1. Quarterly. CONTRACTOR must submit an original Program Performance Report (SF-PPR) and any supporting documentation to the TWDB’s quarterly report mailbox (FloodGrantQuarterlyReports@twdb.texas.gov) within 15 days following the end of each federal quarter in accordance with Section II, Article IV, Paragraph 3. 2. Final Report. CONTRACTOR must submit an original final Program Performance Report (SF-PPR), Federal Financial Report (FFR, SF-425), and any supporting documentation which details all the work performed under the CONTRACT according to the specific close-out requirements according to Section II, Article IV, Paragraph 3. The reports must be submitted to the TWDB Contract Manager within 45 days following the PROJECT COMPLETION DATE. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 18 of 19 ARTICLE XII. AMENDMENT, TERMINATION, AND STOP ORDERS 1. Notice. TWDB, CONTRACTOR, or FEMA may terminate grant award agreements by giving written notice at least seven calendar days prior to the effective date of the termination. All notices are to be transmitted via registered or certified mail, return receipt requested. CONTRACTOR's authority to incur new costs will terminate on the date of receipt of the notice or the date set forth in the notice. Any costs incurred up to the earlier of the date of the receipt of the notice or the date of termination set forth in the notice will be negotiated for final payment. Closeout of the Grant Agreement will be commenced and processed as prescribed under Section II, Article IV, Paragraph 3. 2. Discontinuation of Work. Upon receiving notice of termination, CONTRACTOR must discontinue work in accordance with the EXECUTIVE ADMINISTRATOR’s termination instructions and delay or terminate all applicable orders and subcontracts immediately. 3. Unpaid Balances. In the event that this CONTRACT is terminated, TWDB’s only liability will be to pay CONTRACTOR the unpaid balance due CONTRACTOR for work actually performed. 4. The EXECUTIVE ADMINISTRATOR may issue a Stop Work Order to CONTRACTOR at any time. Upon receipt of such order, CONTRACTOR must discontinue all work under this CONTRACT and cancel all orders pursuant to this CONTRACT, unless the order directs otherwise. If the EXECUTIVE ADMINISTRATOR does not issue a Restart Order within 60 days of the Stop Work Order, this CONTRACT is terminated in accordance with the foregoing provisions. 5. The EXECUTIVE ADMINISTRATOR can extend the PROJECT COMPLETION DATE upon written approval from FEMA. CONTRACTOR must notify the EXECUTIVE ADMINISTRATOR in writing within 90 days prior to the PROJECT COMPLETION DATE if an extension is required. 6. If termination of the CONTRACT occurs, the procedures described in 2 CFR Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, will be followed. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 Section II, Page 19 of 19 ARTICLE XIII. CORRESPONDENCE, REPORTS, AND REIMBURSEMENTS All correspondence, reports, and reimbursements related to this CONTRACT must be made to the following addresses: For TWDB: Contract Matters: Texas Water Development Board Attention: Contract Administration P.O. Box 13231 Austin, Texas 78711-3231 Email: contracts@twdb.texas.gov Payment Request Submission: Texas Water Development Board Attention: Accounts Payable P.O. Box 13231 Austin, Texas 78711-3231 Email: invoice@twdb.texas.gov Physical Address: Stephen F. Austin State Office Building 1700 N. Congress Avenue Austin, Texas 78701 For CONTRACTOR: Contract Matters: Rajendra Shrestha 3519 Liberty DR STE 201 Pearland, TX 77581 Email: rshrestha@pearlandtx.gov Payment Request Submission: Joel Hardy 3519 Liberty DR STE 201 Pearland, TX 77581 Email: Jhardy@pearlandtx.gov Physical Address: 3519 Liberty DR STE 201 Pearland, TX 77581 IN WITNESS WHEREOF, the PARTIES have caused this CONTRACT to be duly executed. TEXAS WATER DEVELOPMENT BOARD ______________________________________ Jeff Walker Executive Administrator Date: __________________________________ CITY OF PEARLAND _____________________________________ Trent Epperson Interim City Manager Date: ________________________________ DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A 2/22/20232/23/2023 TWDB Contract No. 2000012629 EXHIBIT A, Page 1 EXHIBIT A FEMA AWARD PACKAGE Award Cover Letter Form 76-10A Article of Agreement Cost Review National Environmental Policy Act Requirements Notice of Funding Opportunity DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 EXHIBIT B, Page 1 EXHIBIT B ORIGINAL GRANT APPLICATION DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 EXHIBIT C, Page 1 EXHIBIT C IMPLEMENTATION PLAN Once the City of Pearland verifies or updates the Implementation plan this language will be removed. The implementation plan will be provided to the TWDB for review and approval within 90 days of execution of this contract. The approved implementation plan will become a permanent part of this CONTRACT. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 EXHIBIT D, Page 1 of 2 EXHIBIT D TASK AND EXPENSE BUDGETS TASK BUDGET TASK DESCRIPTION AMOUNT Task 1 Project Construction Management $11,000.00 Task 2 Elevation cost $443,850.00 Task 3 Temporary Housing $21,960.00 Task 4 Program Administration $22,950.00 Total $ 499,760.00 EXPENSE BUDGET Expense Category Total Budget Salaries and Wages1 $22,950.00 Fringe2 Travel3 Subcontractor (Pre-Award) Subcontractor $11,000.00 Subcontractor (Elevation) $443,850.00 Other Expenses- Temporary Housing4 $21,960.00 Project Inspection Fees Architectural and engineering fees Other architectural and engineering fees Miscellaneous Property Buyout6 Total $ 499,760.00 1 Salaries and Wages is defined as the cost of salaries of engineers, draftsmen, surveymen, clerks, laborers, etc., for time directly chargeable to this CONTRACT. 2 Fringe is defined as the cost of social security contributions, unemployment, excise, and payroll taxes, workers compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. 3 Travel is limited to the maximum amounts authorized by the U.S. General Services Administration, as amended or superseded. 4Other Expenses is defined to include the cost of temporary housing for the homeowner while the elevation is being performed for this CONTRACT. 6 Property Buyout is defined as the cost of Site Acquisitions, Appraisal, Property Owner Counseling, Title Search and Closing and tenant or inhabitant relocation assistance Required Federal Structure Reimbursement Percentages DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A TWDB Contract No. 2000012629 EXHIBIT D, Page 1 of 2 Property Address Federal Share Percentage Local Share Percentage 6022 Josephine Street, Pearland, TX 77854 100 0 5604 Colmesneil Dr., Pearland, TX 77584 100 0 . DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 Effective date: 03/21/2022 John Dupnik WATER DEVELOPMENT BOARD, TEXAS P. O. BOX 13231 AUSTIN, TX 78711 EMT-2020-FM-007 Dear John Dupnik, $14,041,636.97 in Federal Funding. Congratulations, on behalf of the Department of Homeland Security, your application for financial asssistance submitted under the Fiscal Year 2020 Flood Mitigation Assistance funding opportunity has been approved in the amount of $14,041,636.97 in Federal Funding. As a condition of this award, you are required to contribute a cost match in the amount of $436,537.32 of non-Federal funds. The Federal share is $14,041,636.97 of the approved total project cost of $14,478,174.29. Please see the FY 2020 FMA Notice of Funding Opportunity for information on how to meet this cost share requirement. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: Award Summary Agreement Articles Obligating Document FY 2020 FMA Notice of Funding Opportunity (NOFO) Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, Mark Price Director DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Obligating document 1.Agreement No. EMT-2020-FM- 007 2. Amendment No. N/A 3. Recipient No. 742378168 4. Type of Action AWARD 5. Control No. TX00060N2022T- 001 6. Recipient Name and Address WATER DEVELOPMENT BOARD, TEXAS 1700 N CONGRESS AVE STE 690 AUSTIN, TX 78701 7. Issuing FEMA Office and Address FEMA Region VI 800 N. Loop 288 Denton, Texas 76209-3698 940-898-5399 8. Payment Office and Address FEMA Finance Center P.O. Box 9001 Winchester, VA 22604 (540) 504-1900 9. Name of Recipient Project Officer John Dupnik 9a. Phone No. 512- 9360861 10. Name of FEMA Project Officer Flood Mitigation Assistance Program 10a. Phone No. 816-283- 7061 11. Effective Date of This Action 03/21/2022 12. Method of Payment OTHER - FEMA GO 13. Assistance Arrangement COST SHARING 14. Performance Period 03/22/2022 to 03/21/2025 Budget Period 03/22/2022 to 03/21/2025 15. Description of Action a. (Indicate funding data for awards or financial changes) Program Name Abbreviation Assistance Listings No. Accounting Data(ACCS Code) Prior Total Award Amount Awarded This Action + or (-) Current Total Award Cumulative Non-Federal Commitment FMA 97.029 2022-05- JG05 - R062-xxxx- 4101-D $0.00 $14,041,636.97 $14,041,636.97 See Totals Totals $0.00 $14,041,636.97 $14,041,636.97 $436,537.32 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A 16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) This is not applicable for digitally signed grant agreements. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) John Dupnik DATE 05/10/2022 18. FEMA SIGNATORY OFFICIAL (Name and Title) Mark Price, Director DATE 03/21/2022 DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A U.S. DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY ATTACHMENT to FEMA Form 76-10A, Obligating Document for Award/Amendment Obligation Number:EMT-2020-FM-007 Recipient:Texas Water Development Board Program:Flood Mitigation Assistance (FMA) Award of funds is based on the application for Federal Assistance submitted by recipient with the following contingencies: Sub-grants included in this award:Sub-recipient and Project Title Federal Awarded This Action (Add'l Ob or Deob)Total Federal Share Non-Federal Share Awarded This Action (Add'l Ob or Deob) Total Non- Federal Share Total Amend # EMT-2020-FM-007-0005 Pearland -Flood Mitigation Assistance $499,760.00 $499,760.00 $0.00 $0.00 $499,760.00 A-0 EMT-2020-FM-007-0007 HCFCD - SRL Motel Buyout $3,760,150.00 $3,760,150.00 $0.00 $0.00 $3,760,150.00 A-0 EMT-2020-FM-007-0008 Jersey Village - Elevation Project No. 1 $4,536,131.00 $4,536,131.00 $391,639.00 $391,639.00 $4,927,770.00 A-0 EMT-2020-FM-007-0010 Jefferson County - Elevations $1,010,727.90 $1,010,727.90 $0.00 $0.00 $1,010,727.90 A-0 EMT-2020-FM-007-0012 Taylor Lake Village - Elevation Project $2,752,920.68 $2,752,920.68 $24,898.32 $24,898.32 $2,777,819.00 A-0 EMT-2020-FM-007-0014 JCDD6 - Hazard Mitigation Plan Update $25,000.00 $25,000.00 $20,000.00 $20,000.00 $45,000.00 A-0 EMT-2020-FM-007-0016 Houston - Elevation Project $1,456,947.39 $1,456,947.39 $0.00 $0.00 $1,456,947.39 A-0 $14,041,636.97 $0.00 $14,041,636.97 $436,537.32 $0.00 $436,537.32 $14,478,174.29 The funds awarded for this grant are available for obligation by the recipient during the period 03/22/2022 through 03/21/2025. The recipient is not authorized to incur new obligations after the expiration date shown below unless a new expiration date is established by FEMA in a letter signed by the FEMA Assistance Officer or through issuance of a new FEMA Form 76-10a. Execution of the FF76-10a is agreement that the program will be performed in accordance with the applicable program guidance, the approved SF424 Application for Federal Assistance, and the associated statement of work. Terms and conditions of this grant are specified in the attached Agreement Articles. Block 15b. Description of Action Changes Purpose: To award federal funds to sub-awards referenced below DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Agreement Articles Program: Fiscal Year 2020 Flood Mitigation Assistance Recipient: WATER DEVELOPMENT BOARD, TEXAS UEI-EFT: JZFMT39LKH51- DUNS number: 091209978 Award number: EMT-2020-FM-007 Table of contents DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications Article 2 DHS Specific Acknowledgements and Assurances Article 3 Acknowledgement of Federal Funding from DHS Article 4 Activities Conducted Abroad Article 5 Age Discrimination Act of 1975 Article 6 Americans with Disabilities Act of 1990 Article 7 Best Practices for Collection and Use of Personally Identifiable Information Article 8 Civil Rights Act of 1964 – Title VI Article 9 Civil Rights Act of 1968 Article 10 Copyright Article 11 Debarment and Suspension Article 12 Drug-Free Workplace Regulations Article 13 Duplication of Benefits Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article 15 Energy Policy and Conservation Act Article 16 False Claims Act and Program Fraud Civil Remedies Article 17 Federal Debt Status Article 18 Federal Leadership on Reducing Text Messaging while Driving Article 19 Fly America Act of 1974 Article 20 Hotel and Motel Fire Safety Act of 1990 Article 21 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article 22 Lobbying Prohibitions Article 23 National Environmental Policy Act Article 24 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article 25 Non-Supplanting Requirement Article 26 Notice of Funding Opportunity Requirements Article 27 Patents and Intellectual Property Rights Article 28 Procurement of Recovered Materials Article 29 Rehabilitation Act of 1973 Article 30 Reporting of Matters Related to Recipient Integrity and Performance Article 31 Reporting Subawards and Executive Compensation DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 32 SAFECOM Article 33 Terrorist Financing Article 34 Trafficking Victims Protection Act of 2000 (TVPA) Article 35 Universal Identifier and System of Award Management Article 36 USA PATRIOT Act of 2001 Article 37 Use of DHS Seal, Logo and Flags Article 38 Whistleblower Protection Act Article 39 Acceptance of Post Award Changes Article 40 Prior Approval for Modification of Approved Budget Article 41 Disposition of Equipment Acquired Under the Federal Award Article 42 Environmental Planning and Historic Preservation (EHP) Review Article 43 Award Performance Goals Article 44 Performance Metrics Article 45 Changes to Title 2, Code of Federal Regulations Article 46 Construction Project Requirements Article 47 Copyright and Data Rights Article 48 Remedies for Noncompliance and Enforcement Article 49 Insurance Article 50 FMA Duplication of Benefits Article 51 Additional Non-Discrimination Requirements Article 52 Changes in Scope of Work Article 53 Recoupment of Funds Article 54 Recovery of Funds Article 55 Reporting of Fraud Article 56 Closeout and Final Reports Article 57 Record Retention Article 58 Termination DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 59 Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Article 60 Clean Air Act (CAA) Article 61 Executive Order 11988 - Floodplains Article 62 Standard Condition #1 Article 63 Standard Condition #2 Article 64 Standard Condition #3 Article 65 Clean Air Act (CAA) Article 66 Executive Order 11988 - Floodplains Article 67 Executive Order 11988 - Floodplains Article 68 Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Article 69 Standard Condition #1 Article 70 Standard Condition #2 Article 71 Standard Condition #3 Article 72 Clean Air Act (CAA) Article 73 Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Article 74 Executive Order 11988 - Floodplains Article 75 Executive Order 11988 - Floodplains Article 76 Standard Condition #1 Article 77 Standard Condition #2 Article 78 Standard Condition #3 Article 79 Clean Air Act (CAA) Article 80 Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Article 81 Executive Order 11988 - Floodplains Article 82 Executive Order 11988 - Floodplains Article 83 Standard Condition #1 Article 84 Standard Condition #2 Article 85 Standard Condition #3 DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 86 Clean Air Act (CAA) Article 87 Executive Order 11988 - Floodplains Article 88 Executive Order 11988 - Floodplains Article 89 Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Article 90 Standard Condition #1 Article 91 Standard Condition #2 Article 92 Standard Condition #3 DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non-Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. By accepting this agreement, the recipient and its executives, as defined in 2 C.F.R. § 170.315, certify that the recipient policies are in accordance with OMB guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article 2 DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administrative Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. After the initial submission for the first award under which this term applies, recipients are required to provide this information once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights- evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 4 Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101–12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance at http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_guidance_june2010.pdf and Privacy Template at https://www.dhs.gov/sites/default/files/publications/privacy_pia_template 2017.pdf as useful resources respectively. Article 8 Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 9 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90- 284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article 11 Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug- Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 13 Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 15 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 16 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729-3733, which prohibit the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 17 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article 18 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article 19 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942. Article 20 Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C. § 2225.) Article 21 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help-department- supported-organizations- provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 22 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article 23 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969 (NEPA), Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article 24 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith- based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Article 25 Non-Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article 26 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article 27 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 28 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 29 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973) (codified as amended at 29 U.S.C. § 794) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 30 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article 31 Reporting Subawards and Executive Compensation Recipients are required to comply with the requirements set forth in the government- wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article 32 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article 33 Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 34 Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference. Article 35 Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government- wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article 36 USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. No. 107-56, which amends 18 U.S.C. §§ 175–175c. Article 37 Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article 38 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Article 39 Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@fema.dhs.gov if you have any questions. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 40 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. § 200.308. FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. § 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 41 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an EHP review are subject to the FEMA Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website at: https://www.fema.gov/media- library/assets/documents/90195. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive order, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 43 Award Performance Goals FEMA will measure the recipient’s performance of the grant by comparing the number of supplies needed and requested in its application, the number of supplies acquired and delivered by the end of the period of performance, and the performance metric as stated in the NOFO to equip 100 percent of on-duty active members with Personal Protective Equipment. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the number of PPE purchased and the percentage of on-duty active members provided with PPE in compliance with the standards described in the NOFO. Article 44 Performance Metrics Flood Mitigation Assistance (FMA) aims to implement projects that reduce flood risks posed to repetitively flooded properties insured under the National Flood Insurance Program (NFIP), by funding priority projects and activities. To achieve these goals, for FY 2020 FMA is prioritizing the following types of projects: Project Scoping, Community Flood Mitigation (aka localized flood control) projects, Flood Mitigation Plans, Technical Assistance, and Individual Property Mitigation that mitigate flood risks to NFIP participating communities and active policyholders. FEMA will evaluate input and output indicators of each federal award by measuring the total properties mitigated that carry a Severe Repetitive Loss (SRL) and Repetitive Loss (RL) definition pursuant to 42 U.S. Code § 4104.h(2) and (3), and are included in a final mitigation action. FEMA will also evaluate each award output by measuring project capability to positively influence the government’s goal of mitigating SRL & RL designated properties and thereby the reduction of future losses to the NFIP under this award. In addition, the Benefit-Cost Analysis (BCA) is the method by which the future benefits of a hazard mitigation project are determined and compared to its costs. The end result is a BCR, which is calculated by a project’s total benefits divided by its total costs. The BCR is a numerical expression of the "cost-effectiveness" of a project. A project is considered to be cost effective when the BCR is 1.0 or greater, indicating FEMA expects the benefits of a prospective hazard mitigation project are sufficient to justify the costs. Article 45 Changes to Title 2, Code of Federal Regulations The references in the FY 2020 FMA NOFO to regulations in 2 C.F.R. Parts 25, 170, and 200 have been superseded by recent revisions by the Office of Management and Budget (OMB). Most of the changes are effective November 12, 2020, with a couple effective August 13, 2020. See OMB, Guidance for Grants and Agreements, Final Guidance, 85 Fed. Reg. 49,506 (Aug. 13, 2020), https://www.govinfo.gov/content/pkg/FR-2020-08-13/pdf/2020-17468.pdf. The FY 2020 FMA NOFO was published before these rules were revised, but since this award is being made after all revisions went into effect, the revised rules apply to this award. To the extent the requirements or regulatory citations are the same, the FY 2020 FMA NOFO will continue to apply to this award. Conversely, to the extent there is a conflict between the FY 2020 FMA NOFO and the revised 2 C.F.R. regulations, the language and citations of the revised 2 C.F.R. regulations will apply. Additional information on the changes to these regulations, including specific revisions regarding closeout and procurement under grants, can be found at https://www.fema.gov/grants/guidance- tools/2-cfr-2020. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 46 Construction Project Requirements 1. Acceptance of Federal funding requires the Recipient and any Subrecipients to comply with all Federal, state and local laws prior to the start of any construction activity. Failure to obtain all appropriate Federal, state and local environmental permits and clearances may jeopardize Federal funding. 2. Any change to the approved scope of work will require re-evaluation by FEMA for Recipient and Subrecipient compliance with the National Environmental Policy Act and other laws and Executive Orders. Article 47 Copyright and Data Rights The recipient is free to copyright any original work developed in the course of or under this Grant Agreement. The recipient acknowledges that DHS/FEMA reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and authority others to use, for Federal Government purposes: 1) the copyright in any work developed under an award or subaward; and 2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support in a manner consistent with 2 C.F.R. § 200.315. The recipient acknowledges that DHS/FEMA has the right to obtain, reproduce, publish, or otherwise use the data produced under a Federal award and authorize others to so for Federal Government purposes in a manner consistent with 2 C.F.R. § 200.315. Article 48 Remedies for Noncompliance and Enforcement FEMA remedies for noncompliance will be processed as specified in 2 C.F.R. §§ 200.339-200.343 , and for acquisitions under this award for open space, FEMA enforcement remedies shall be processed as specified in 44 C.F.R. § 80.19(e), when the Terms and Conditions of this Grant Agreement are not met Article 49 Insurance In compliance with 42 U.S.C. § 4012a(a), when financial assistance is approved for acquisition or construction purposes within the Special Flood Hazard Area (SFHA), flood insurance shall be maintained for the life of the property regardless of transfer of ownership for any properties. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 50 FMA Duplication of Benefits FMA funds cannot duplicate or be duplicated by funds received by or available to Applicants, Subapplicants, or project or planning participants from other sources for the same cost or activity already paid for by another source of funding, such as benefits received from insurance claims, other assistance programs (including previous project or planning grants and subawards from FMA programs), legal awards, or other benefits associated with properties or damage that are or could be subject of litigation. Because the availability of other sources of mitigation grant or loan assistance is subject to available information and the means of each individual Applicant, FMA does not require proof that other assistance (not including insurance) has been sought. However, it is the responsibility of the property owner to report other benefits received, any applications for other assistance, the availability of insurance proceeds, or the potential for other compensation, such as from pending legal claims for damages, relating to the property. Amounts of other grants, loans or other assistance designated for the same purpose as FMA funds, if received, may be used to reduce the non-Federal cost-share. Where the property owner has an insurance policy covering any loss to the property which relates to the proposed FMA project, the means are available for receiving compensation for a loss or, in the case of increased cost of compliance (ICC), assistance toward certain mitigation projects. FEMA will generally require that the property owner file a claim prior to the receipt of FMA funds. Article 51 Additional Non-Discrimination Requirements Applicants/Recipients and Subapplicants/Subrecipients will ensure that no discrimination is practiced. Applicants must consider fairness, equity, and equal access when prioritizing and selecting project subapplications to submit with their application. Subapplicants and Subrecipients must ensure fairness, equity, and equal access when consulting and making offers of mitigation to property owners that benefit from mitigation activities. Article 52 Changes in Scope of Work Requests for changes to the scope of work (SOW) after award are permissible as long as they do not change the nature or total project cost of the activity, properties identified in the subapplication, the feasibility and effectiveness of the project, or the benefit cost ratio. Requests must be supported by adequate justification from the applicant in order to be processed. The justification is a description of the proposed change, a written explanation of the reason or reasons for the change; an outline of remaining funds available to support the change; and a full description of the work necessary to complete the activity. All approvals will be at FEMA’s discretion, and there is no guarantee that SOW changes will be approved. Article 53 Recoupment of Funds FEMA will recoup mitigation planning grant funds for grants that do not meet the deliverable criteria of an adopted, FEMA-approved mitigation plan by the end of the performance period. Article 54 Recovery of Funds The Recipient will process the recovery of assistance paid to Subrecipients processed through error, misrepresentation, or fraud or if funds are spent inappropriately. Recovered funds shall be submitted to FEMA as soon as the funds are collected, but no later than 90 days from the expiration date of the appropriate grant award agreement. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 55 Reporting of Fraud All fraud identifications will be reported to the Department of Homeland Security Office of Inspector General (OIG). The Recipient agrees to cooperate with investigation conducted by the DHS OIG. Article 56 Closeout and Final Reports Because of recent changes to 2 C.F.R. Part 200 that went into effect for awards issued on or after November 12, 2020, the Recipient shall submit a final Federal Financial Report (FFR or SF-425) for project completion, as certified by the Recipient, final Program Performance Report (SF-PPR), and all other closeout documents 120 days after the end date of the performance period per the new 2 C.F.R. § 200.344. Article 57 Record Retention Records shall be retained for at least 3 years (except in certain rare circumstances) from the date the final Federal Financial Report for project completion as certified by the Recipient is submitted to FEMA in compliance with 2 C.F.R. Part 200 (specifically the new 2 C.F.R. § 200.334 effective Nov. 12, 2020) and Section 705 of the Stafford Act (42 U.S.C. § 5205). Article 58 Termination FEMA may terminate a federal award in whole or in part for one of the following reasons. FEMA and the recipient must still comply with closeout requirements at 2 C.F.R. §§ 200.344-200.345 even if an award is terminated in whole or in part. To the extent that subawards are permitted under this NOFO, pass-through entities should refer to 2 C.F.R. § 200.340 for additional information on termination regarding subawards. Noncompliance: If a recipient fails to comply with the terms and conditions of a federal award, FEMA may terminate the award in whole or in part. If the noncompliance can be corrected, FEMA may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be corrected or the recipient is non-responsive, FEMA may proceed with a Remedy Notification, which could impose a remedy for noncompliance per 2 C.F.R. § 200.339, including termination. Any action to terminate based on noncompliance will follow the requirements of 2 C.F.R. §§ 200.341-200.342 as well as the requirement of 2 C.F.R. § 200.340(c) to report in FAPIIS the recipient’s material failure to comply with the award terms and conditions. With the Consent of the Recipient: FEMA may also terminate an award in whole or in part with the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated. Notification by the Recipient: The recipient may terminate the award, in whole or in part, by sending written notification to FEMA setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of partial termination, FEMA may determine that a partially terminated award will not accomplish the purpose of the federal award, so FEMA may terminate the award in its entirety. If that occurs, FEMA will follow the requirements of 2 C.F.R. §§ 200.341-200.342 in deciding to fully terminate the award. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 59 Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, applicant shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. Article 60 Clean Air Act (CAA) If any asbestos containing materials, lead based paint and/or other hazardous materials are found during remediation or repair activities, the applicant must comply with all federal, state and local abatement and disposal requirements under the National Emissions Standards for Hazardous Air Pollutants (NESHAP). Article 61 Executive Order 11988 - Floodplains Applicant must coordinate with the local floodplain administrator, obtain required permits prior to initiating work, and comply with any conditions of the permit to ensure harm to and from the floodplain is minimized. All coordination pertaining to these activities should be retained as part of the project file in accordance with the respective grant program instructions. Article 62 Standard Condition #1 Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. Article 63 Standard Condition #2 This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. Article 64 Standard Condition #3 If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. Article 65 Clean Air Act (CAA) If any asbestos containing materials, lead based paint and/or other hazardous materials are found during remediation or repair activities, the applicant must comply with all federal, state and local abatement and disposal requirements under the National Emissions Standards for Hazardous Air Pollutants (NESHAP). DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 66 Executive Order 11988 - Floodplains Applicant must coordinate with the local floodplain administrator and obtain required permits prior to initiating work, including any necessary certifications that encroachments within the adopted regulatory floodway would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Applicant must comply with any conditions of permit and all coordination pertaining to these activities should be retained as part of the project file in accordance with the respective grant program instructions. Article 67 Executive Order 11988 - Floodplains For actions located in the floodplain and/or wetlands, the applicant must issue a final public notice per 44 CFR Part 9.12(e) at least 15 days prior to the start of work. The final notice shall include the following: (1) A statement of why the proposed action must be located in an area affecting or affected by a floodplain or a wetland; (2) A description of all significant facts considered in making this determination; (3) A list of the alternatives considered; (4) A statement indicating whether the action conforms to applicable state and local floodplain protection standards; (5) A statement indicating how the action affects or is affected by the floodplain and/or wetland, and how mitigation is to be achieved; (6) Identification of the responsible official or organization for implementation and monitoring of the proposed action, and from whom further information can be obtained; and (7) A map of the area or a statement that such map is available for public inspection, including the location at which such map may be inspected and a telephone number to call for information. Article 68 Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, applicant shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. Article 69 Standard Condition #1 Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. Article 70 Standard Condition #2 This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. Article 71 Standard Condition #3 If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 72 Clean Air Act (CAA) If any asbestos containing materials, lead based paint and/or other hazardous materials are found during remediation or repair activities, the applicant must comply with all federal, state and local abatement and disposal requirements under the National Emissions Standards for Hazardous Air Pollutants (NESHAP). Article 73 Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, applicant shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. Article 74 Executive Order 11988 - Floodplains For the structure at 5604 Colmesneil Dr, the applicant must coordinate with the local floodplain administrator, obtain required permits prior to initiating work, and comply with any conditions of the permit to ensure harm to and from the floodplain is minimized. All coordination pertaining to these activities should be retained as part of the project file in accordance with the respective grant program instructions. Article 75 Executive Order 11988 - Floodplains For actions located in the floodplain and/or wetlands, the applicant must issue a final public notice per 44 CFR Part 9.12(e) at least 15 days prior to the start of work. The final notice shall include the following: (1) A statement of why the proposed action must be located in an area affecting or affected by a floodplain or a wetland; (2) A description of all significant facts considered in making this determination; (3) A list of the alternatives considered; (4) A statement indicating whether the action conforms to applicable state and local floodplain protection standards; (5) A statement indicating how the action affects or is affected by the floodplain and/or wetland, and how mitigation is to be achieved; (6) Identification of the responsible official or organization for implementation and monitoring of the proposed action, and from whom further information can be obtained; and (7) A map of the area or a statement that such map is available for public inspection, including the location at which such map may be inspected and a telephone number to call for information Article 76 Standard Condition #1 Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. Article 77 Standard Condition #2 This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 78 Standard Condition #3 If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. Article 79 Clean Air Act (CAA) If any asbestos containing materials, lead based paint and/or other hazardous materials are found during remediation or repair activities, the applicant must comply with all federal, state and local abatement and disposal requirements under the National Emissions Standards for Hazardous Air Pollutants (NESHAP). Article 80 Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, applicant shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. Article 81 Executive Order 11988 - Floodplains Applicant must coordinate with the local floodplain administrator, obtain required permits prior to initiating work, and comply with any conditions of the permit to ensure harm to and from the floodplain is minimized. All coordination pertaining to these activities should be retained as part of the project file in accordance with the respective grant program instructions. Article 82 Executive Order 11988 - Floodplains For actions located in the floodplain and/or wetlands, the applicant must issue a final public notice per 44 CFR Part 9.12(e) at least 15 days prior to the start of work. The final notice shall include the following: (1) A statement of why the proposed action must be located in an area affecting or affected by a floodplain or a wetland; (2) A description of all significant facts considered in making this determination; (3) A list of the alternatives considered; (4) A statement indicating whether the action conforms to applicable state and local floodplain protection standards; (5) A statement indicating how the action affects or is affected by the floodplain and/or wetland, and how mitigation is to be achieved; (6) Identification of the responsible official or organization for implementation and monitoring of the proposed action, and from whom further information can be obtained; and (7) A map of the area or a statement that such map is available for public inspection, including the location at which such map may be inspected and a telephone number to call for information. Article 83 Standard Condition #1 Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 84 Standard Condition #2 This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. Article 85 Standard Condition #3 If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. Article 86 Clean Air Act (CAA) If any asbestos containing materials, lead based paint and/or other hazardous materials are found during remediation or repair activities, the applicant must comply with all federal, state and local abatement and disposal requirements under the National Emissions Standards for Hazardous Air Pollutants (NESHAP). Article 87 Executive Order 11988 - Floodplains For actions located in the floodplain and/or wetlands, the applicant must issue a final public notice per 44 CFR Part 9.12(e) at least 15 days prior to the start of work. The final notice shall include the following: (1) A statement of why the proposed action must be located in an area affecting or affected by a floodplain or a wetland; (2) A description of all significant facts considered in making this determination; (3) A list of the alternatives considered; (4) A statement indicating whether the action conforms to applicable state and local floodplain protection standards; (5) A statement indicating how the action affects or is affected by the floodplain and/or wetland, and how mitigation is to be achieved; (6) Identification of the responsible official or organization for implementation and monitoring of the proposed action, and from whom further information can be obtained; and (7) A map of the area or a statement that such map is available for public inspection, including the location at which such map may be inspected and a telephone number to call for information. Article 88 Executive Order 11988 - Floodplains Applicant must coordinate with the local floodplain administrator, obtain required permits prior to initiating work, and comply with any conditions of the permit to ensure harm to and from the floodplain is minimized. All coordination pertaining to these activities should be retained as part of the project file in accordance with the respective grant program instructions. Article 89 Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, applicant shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Article 90 Standard Condition #1 Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. Article 91 Standard Condition #2 This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. Article 92 Standard Condition #3 If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Award Summary Program: Fiscal Year 2020 Flood Mitigation Assistance Recipient: WATER DEVELOPMENT BOARD, TEXAS UEI-EFT: JZFMT39LKH51- DUNS number: 091209978 Award number: EMT-2020-FM-007 Summary description of award The Flood Mitigation Assistance (FMA) grant program provides funding to States, Territories, Indian Tribal governments and communities to assist in their efforts to reduce or eliminate the risk of repetitive flood damage to buildings and structures insurable under the National Flood Insurance Program (NFIP). Except as otherwise approved as noted in this award, the information you provided in your application for FY 2020 Flood Mitigation Assistance funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Amount awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable). Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, as appropriate, per 2 C.F.R. § 200.308 and the FY 2020 FMA NOFO. The terms of the approved application materials submitted by the recipient for the following subawards and activities are incorporated into the terms of this Federal award, subject to the additional descriptions and limitations stated in this award package, and subject to the limitations stated in subsequent approvals by FEMA of changes to the prime award, subawards, or activities. Post-award documents uploaded into the FEMA GO system for this award are also incorporated into the terms and conditions of this Federal award, subject to any limitations stated in subsequent approvals by FEMA of changes to the prime award, subawards, or activities. Subawards or activities not listed in this award package are not approved for funding under this award. Approved request details: DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Item : Other (Explain) Temporary living expenses QUANTITY UNIT OF MEASURE UNIT PRICE TOTAL PRE- AWARD BUDGET CLASS Construction2Each$10,980.00 $21,960.00 No Item : Other (Explain) Project Construction Management QUANTITY UNIT OF MEASURE UNIT PRICE TOTAL PRE- AWARD BUDGET CLASS Construction2Each$5,500.00 $11,000.00 No Item : Other (Explain) Program Administration QUANTITY UNIT OF MEASURE UNIT PRICE TOTAL PRE- AWARD BUDGET CLASS Construction1Each$22,950.00 $22,950.00 No Item : Other (Explain) Elevation-Construction QUANTITY UNIT OF MEASURE UNIT PRICE TOTAL PRE- AWARD BUDGET CLASS Construction1Each$443,850.00 $443,850.00 No FEMA’s Subgrant ID: EMT-2020-FM-007-0005 Subrecipient: PEARLAND, CITY OF Subaward-Specific Terms and Conditions: See Agreement Article(s) Article 72, Article 73, Article 74, Article 75, Article 76, Article 77, and Article 78 for additional requirements or restrictions specific to this subrecipient, this subaward, or this activity. Cost estimate DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A 09/17/2021 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY 13:16:01 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project Title: EMT-2020-FM-007-0005 FY2020 Flood Mitigation Assistance-City of Pearland Non Compliant Flag: Level: EA Draft Date:EA Final Date: EA Public Notice Date:EA Fonsi EIS Notice of Intent EIS ROD Date: No CATEX Comment The City of Pearland (Harris County) TX proposes to elevate two severe repetitive loss residential private structures. Elevations will be conducted to raise structures 1.5-3' above the proposed Base Flood Elevation (BFE). The City's ordinance requires the finish floor elevation to be minimum 12" above the 100-year water surface elevation or 12" above adjacent street if the project is located outside of 100- year floodplain. *. 6022 Josephine Street, Pearland, TX 77854 (29.557721, -95.31325). Built 1970 *. 5604 Colmesneil Dr., Pearland, TX 77584 (29.552652; -95.305155). Built 1972 This project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01; CATEX N7. Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding. - dcook125 - 08/26/2021 21:45:15 GMT NEPA DETERMINATION Description SelectedCatex Category Code (*n7) Federal Assistance for Structure and Facility Upgrades. Federal assistance for the reconstruction, elevation, retrofitting, upgrading to current codes and standards, and improvements of pre-existing facilities in existing developed areas with substantially completed infrastructure, when the immediate project area has already been disturbed, and when those actions do not alter basic functions, do not exceed capacity of other system components, or modify intended land use. This category does not include actions within or affecting streams or stream banks or actions seaward of the limit of moderate wave action (or V zone when the limit of moderate wave action has not been identified). *n7 Yes CATEX CATEGORIES Description Selected ?Extraordinary Circumstance Code No Extraordinary Circumstances were selected EXTRAORDINARY Environmental Law/ Executive Order Description CommentStatus Clean Air Act (CAA)Project will not result in permanent air emissions - Review concluded Completed ENVIRONMENTAL LAW / EXECUTIVE ORDER Page 1 of 4NOTE: All times are GMT using a 24-hour clock. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A 09/17/2021 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY 13:16:01 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project Title: EMT-2020-FM-007-0005 FY2020 Flood Mitigation Assistance-City of Pearland Environmental Law/ Executive Order Description CommentStatus Coastal Barrier Resources Act (CBRA) Project is not on or connected to CBRA Unit or otherwise protected area - Review concluded Completed Clean Water Act (CWA)Project would not affect any water of the U.S. - Review concluded Completed Coastal Zone Management Act (CZMA) Project is not located in a coastal zone area and does not affect a coastal zone area - Review concluded Completed Executive Order 11988 - Floodplains Located in floodplain or effects on floodplain/flood levels Portions of the project are located within an AE zone of 100-year flooding, per Flood Insurance Rate Map (FIRM) panels 48039C0040K and 48039C0041K, dated 12/30/2020. The proposed action is not likely to result in any potential direct impacts that will adversely affect the natural values and function of floodplains nor is it likely to increase the risk of flood loss. 8 step checklist is attached. - dcook125 - 08/26/2021 21:47:48 GMT Completed Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment Completed 8 Step Process Complete - documentation attached - Review concluded Completed Executive Order 11990 - Wetlands No effects on wetlands and project outside wetlands - Review concluded A review of the National Wetland Inventory (NWI) online mapper, accessed on 8/26/21, for the site indicates that the area is not located within nor does it affect a designated wetland. - dcook125 - 08/26/2021 21:49:52 GMT Completed Executive Order 12898 - Environmental Justice for Low Income and Minority Populations Low income or minority population in or near project area Completed No disproportionately high and adverse impact on low income or minority population - Review concluded Completed Endangered Species Act (ESA)Listed species and/or designated critical habitat present in areas affected directly or indirectly by the federal action Completed Page 2 of 4NOTE: All times are GMT using a 24-hour clock. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A 09/17/2021 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY 13:16:01 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project Title: EMT-2020-FM-007-0005 FY2020 Flood Mitigation Assistance-City of Pearland Environmental Law/ Executive Order Description CommentStatus No effect to species or designated critical habitat (See comments for justification) - Review concluded Completed Farmland Protection Policy Act (FPPA) Project does not affect designated prime or unique farmland - Review concluded Completed Fish and Wildlife Coordination Act (FWCA) Project does not affect, control, or modify a waterway/body of water - Review concluded Completed Migratory Bird Treaty Act (MBTA)Project located within a flyway zoneCompleted Project does not have potential to take migratory birds - Review concluded Completed Magnuson-Stevens Fishery Conservation and Management Act (MSA) Project not located in or near Essential Fish Habitat - Review concluded Completed National Historic Preservation Act (NHPA) Standard Section 106 review FEMA has determined that there will be No Historic Properties Affected. SHPO concurrence with this determination was received, dated January 20, 2021. The scope of work has been reviewed and FEMA has determined, based on Tribal preferences, that the project will not require Tribal Consultation. - rscoggin - 08/26/2021 21:14:31 GMT Completed Building or structure 50 years or older or listed on the National Register in the project area and activity not exempt from review Completed Determination of No Historic Properties Affected (FEMA finding/SHPO/THPO concurrence attached) - Review concluded Completed Project affects only previously disturbed ground - Review concluded Completed Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Review concludedCompleted Wild and Scenic Rivers Act (WSR) Project is not along and does not affect Wild and Scenic River - Review concluded Completed Page 3 of 4NOTE: All times are GMT using a 24-hour clock. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A 09/17/2021 REC-01FEDERAL EMERGENCY MANAGEMENT AGENCY 13:16:01 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project Title: EMT-2020-FM-007-0005 FY2020 Flood Mitigation Assistance-City of Pearland Special Conditions required on implementation of Projects: Executive Order 11988 - Floodplains For the structure at 5604 Colmesneil Dr, the applicant must coordinate with the local floodplain administrator, obtain required permits prior to initiating work, and comply with any conditions of the permit to ensure harm to and from the floodplain is minimized. All coordination pertaining to these activities should be retained as part of the project file in accordance with the respective grant program instructions. NoSource of condition:Monitoring Required: Executive Order 11988 - Floodplains For actions located in the floodplain and/or wetlands, the applicant must issue a final public notice per 44 CFR Part 9.12(e) at least 15 days prior to the start of work. The final notice shall include the following: (1) A statement of why the proposed action must be located in an area affecting or affected by a floodplain or a wetland; (2) A description of all significant facts considered in making this determination; (3) A list of the alternatives considered; (4) A statement indicating whether the action conforms to applicable state and local floodplain protection standards; (5) A statement indicating how the action affects or is affected by the floodplain and/or wetland, and how mitigation is to be achieved; (6) Identification of the responsible official or organization for implementation and monitoring of the proposed action, and from whom further information can be obtained; and (7) A map of the area or a statement that such map is available for public inspection, including the location at which such map may be inspected and a telephone number to call for information NoSource of condition:Monitoring Required: Clean Air Act (CAA) If any asbestos containing materials, lead based paint and/or other hazardous materials are found during remediation or repair activities, the applicant must comply with all federal, state and local abatement and disposal requirements under the National Emissions Standards for Hazardous Air Pollutants (NESHAP). NoSource of condition:Monitoring Required: Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, applicant shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. NoSource of condition:Monitoring Required: Standard Conditions: Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. CONDITIONS Page 4 of 4NOTE: All times are GMT using a 24-hour clock. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 1 of 36 FY 2020 FMA NOFO The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) FY 2020 Flood Mitigation Assistance NOTE: If you are going to apply for this funding opportunity and have not obtained a Data Universal Numbering System (DUNS) number and/or are not currently registered in the System for Award Management (SAM), please take immediate action to obtain a DUNS Number, if applicable, and then to register immediately in SAM. It may take 4 weeks or more after you submit your SAM registration before your registration is active in SAM, then an additional 24 hours for Grants.gov to recognize your information. Information on obtaining a DUNS number and registering in SAM is available from Grants.gov at: http://www.grants.gov/web/grants/register.html. Detailed information regarding DUNS and SAM is also provided in Section D of this NOFO, subsection, Content and Form of Application Submission. A. Program Description 1. Issued By U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Federal Insurance and Mitigation Administration (FIMA), Mitigation Directorate, Hazard Mitigation Assistance Division (HMA) 2. Assistance Listings (formerly Catalog of Federal Domestic Assistance (CFDA) Number) 97.029 3. Assistance Listings Title (formerly CFDA Title) Flood Mitigation Assistance 4. Funding Opportunity Title FY 2020 Flood Mitigation Assistance 5. Funding Opportunity Number DHS-20-MT-029-000-99 6. Authorizing Authority for Program Section 1366 of The National Flood Insurance Act of 1968, as amended (Pub. L. No. 90- 448) (42 U.S.C. § 4104c) 7. Appropriation Authority for Program Department of Homeland Security Appropriations Act, 2020 (Pub. L. No. 116-93, Division D) 8. Announcement Type DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 2 of 36 FY 2020 FMA NOFO Initial 9. Program Overview, Objectives, and Priorities The Flood Mitigation Assistance (FMA) program makes federal funds available to states, U.S. territories, Indian tribal governments, and local communities to reduce or eliminate the risk of repetitive flood damage to buildings and structures insured under the National Flood Insurance Program (NFIP). The FMA program addresses Presidential Policy Directive 21, Critical Infrastructure Security and Resilience, and supports the mitigation mission area through Strategic Goal #1 Building a Culture of Preparedness, Objectives 1.1, 1.2, 1.3, and 1.4 of the 2018 – 2022 FEMA Strategic Plan. FEMA will distribute the available FY 20 FMA funding amount as follows: 1. Project Scoping (previously Advance Assistance): Project Scoping to develop community flood mitigation projects and/or individual flood mitigation projects that will subsequently reduce flood claims against the NFIP. FEMA will select up to $4 million of Project Scoping subapplications. 2. Community Flood Mitigation Projects: FEMA will select up to $70 million of projects that address community flood risk for the purpose of reducing NFIP flood claim payments. 3. Technical Assistance: Technical Assistance to maintain a viable FMA program over time. To be eligible to apply, the Applicant must have received an FY 19 FMA Award of at least $1 million federal share. 4. Flood Hazard Mitigation Planning: Planning subapplications for the flood hazard component of State, Local, Territory, and Tribal (SLTT) Hazard Mitigation Plans and plan updates. 5. Individual Flood Mitigation Projects: Projects that mitigate the risk of flooding to individual NFIP insured structures. For more information on FY 20 FMA funding priorities and eligible activities, see Section E, Application Review Information, Review, and Selection Process. 10. Performance Metrics Benefit-Cost Analysis (BCA) is the method by which the future benefits of a hazard mitigation project are determined and compared to its costs. The end result is a BCR, which is calculated by a project’s total benefits divided by its total costs. The BCR is a numerical expression of the "cost-effectiveness" of a project. A project is considered to be cost effective when the BCR is 1.0 or greater, indicating FEMA expects the benefits of a prospective hazard mitigation project are sufficient to justify the costs. B. Federal Award Information DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 3 of 36 FY 2020 FMA NOFO 1.Available Funding for the NOFO:$160,000,000 2.Period of Performance:36 months or 48 months (Period of Performance for community flood mitigation projects will be 48 months) The Period of Performance (POP) is 36 months, starting on the date of the Recipient’s federal Award (see Section D, Application and Submission Information). Given the complexity of the community flood mitigation projects, the POP for community flood mitigation projects is 48 months, starting on the date of the Recipient’s federal Award (see Section D, Application and Submission Information). Any subsequent amendments to the federal Award will not extend the POP unless explicitly stated. Extensions to the Period of Performance are allowed. For additional information on Period of Performance extensions, please refer to Section H, Additional Information, Period of Performance Extensions. 3.Projected Period of Performance Start Date(s): 4.Projected Period of Performance End Date(s): flood mitigation projects and 36 months for all other projects 5.Funding Instrument Type: Will vary by Award 48 months for community from date of Award Grant C.Eligibility Information 1.Eligible Applicants •States •District of Columbia •U.S. territories •Indian tribal governments (federally recognized) Each state, territory, the District of Columbia, and Indian tribal government (federally recognized) shall designate one agency to serve as the Applicant for FMA funding. Each Applicant’s designated agency may submit only one FMA grant Application to FEMA. Applications under which two or more entities would carry out the Award are eligible, such as a multi-state or multi-tribal initiative; however, only one entity may be the Applicant with primary responsibility for carrying out the Award. 2.Eligible Subapplicants Local governments, including cities, townships, counties, special district governments, and Indian tribal governments (including federally recognized tribes who choose to apply as subapplicants), are considered subapplicants and must submit subapplications to their state/territory/tribal Applicant agency. Certain political subdivisions (i.e., regional flood control districts or county governments) may apply and act as subapplicants if they are part of a community that is participating in the National Flood Insurance Program (NFIP) where the political subdivision provides zoning and building code enforcement or planning and community development professional services for that community. Contact DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 4 of 36 FY 2020 FMA NOFO information for the State Hazard Mitigation Officers (SHMOs) is provided on the FEMA website at https://www.fema.gov/state-hazard-mitigation-officers. • All subapplicants must be participating in the NFIP, and not be withdrawn, on probation, or suspended. Structures identified in the subapplication must have an NFIP policy in effect at the FMA application start date and must maintain it through completion of the mitigation activity and for the life of the structure. NFIP community status can be verified at https://www.fema.gov/national-flood-insurance-program-community-status-book. 3. Hazard Mitigation Planning • Hazard Mitigation Plan Requirement Applicants must have a FEMA-approved State or Tribal Hazard Mitigation Plan in accordance with Title 44 of the Code of Federal Regulations (C.F.R.) Part 201 by the Application deadline and at the time of obligation of grant funds for project, Project Scoping, and Technical Assistance subapplications. More detailed information is provided in Part III, E.5, Hazard Mitigation Plan Requirement, of the HMA Guidance, available on the FEMA website at https://www.fema.gov/media-library/assets/documents/103279. Subapplicants must have a FEMA-approved Local or Tribal Hazard Mitigation Plan in accordance with 44 C.F.R. Part 201 by the Application deadline and at the time of obligation of grant funds for project, Project Scoping, and Technical Assistance subapplications. • Mitigation Plan Integration Encouraged In addition, communities are encouraged, but not required, to pursue Plan Integration, which is a process where communities look critically at their existing planning framework and align efforts. Integration of hazard mitigation principles into other local planning mechanisms (comprehensive plans, transportation plans, floodplain ordinances, etc.) and vice versa is vital to build a safer, more resilient community. This two-way exchange of information supports community-wide risk reduction, both before and after disasters occur. Not only will the community’s planning efforts be better integrated, but by going through this process there is a higher level of interagency coordination, which is just as important as the planning mechanisms themselves. Additional information on Plan Integration can be found at https://www.fema.gov/media-library/assets/documents/108893. 4. Application Submission in FEMA’s Grant System To be considered for funding, all Applicants must submit their FY 2020 FMA grant Application to FEMA via FEMA’s grant application system (see Section D, Application and Submission Information). DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 5 of 36 FY 2020 FMA NOFO 5. Other Eligibility Criteria All subapplications submitted under the Project Scoping priority (see Section E, Application Review Information) must demonstrate that future projects submitted would benefit NFIP insured properties by submitting a map and associated geospatial file(s) (e.g., Shapefile, KML/KMZ, Geodatabase, or other GIS enabled document) delineating the proposed project’s benefitting area. All subapplications submitted under the community flood mitigation project priority (see Section E, Application Review Information, of this NOFO) must demonstrate that the proposed project benefits NFIP insured properties by submitting a map and associated geospatial file(s) (e.g., Shapefile, KML/KMZ, Geodatabase, or other GIS enabled document) delineating: the proposed project footprint boundary, the area benefitting from project, and active NFIP policies (if this data is available). All Project Scoping, community flood mitigation project, individual flood mitigation project, and Technical Assistance subapplications submitted as part of an FMA grant Application must be consistent with the goals and objectives identified in: the current, FEMA-approved State or Tribal (Standard or Enhanced) Mitigation Plan, and the local mitigation plan for the jurisdiction in which the project is located. Hazard Mitigation Plans should reflect state-wide mitigation priorities, across all potential federal and non- federal mitigation funding sources. Current mitigation plans are not required for Applicants and subapplicants submitting planning subapplications to develop a new flood mitigation plan or to update the flood portion of a mitigation plan. 6. Cost Share or Match Cost share is required for all subapplications funded under this program. Federal funding is available for up to 75 percent of eligible costs in most cases. The remaining 25 percent of eligible costs must be derived from non-federal sources and applied in accordance with 2 C.F.R. § 200.306. For example, if the total cost is $400,000 and the non-federal cost share is 25 percent, then the non-federal contribution is $100,000: 25 percent of $400,000 is $100,000. FEMA may consider the non-federal cost share based on availability of remaining federal funds, as noted in Section E, Application Review Information. • FEMA may contribute up to 100 percent federal cost share for severe repetitive loss (SRL) properties. An SRL property as defined under 42 U.S.C. 4104c(h)(3) is a structure that: (a) Is covered under a contract for flood insurance made available under the NFIP; and (b) Has incurred flood-related damage i. For which four or more separate claims payments (includes building and contents) have been made under flood insurance coverage with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000, or DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 6 of 36 FY 2020 FMA NOFO ii. For which at least two separate claims payments (includes only building) have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure. • FEMA may contribute up to 90 percent federal cost share for repetitive loss (RL) properties. An RL property as defined under 42 U.S.C. 4121 is a structure covered by a contract for flood insurance made available under the NFIP that: (a) Has incurred flood-related damage on two occasions, in which the cost of the repair, on the average, equaled or exceeded 25 percent of the market value of the structure at the time of each such flood event; and (b) At the time of the second incidence of flood-related damage, the contract for flood insurance contains Increased Cost of Compliance (ICC) coverage. To receive an increased federal cost share, properties must meet one of the definitions for SRL or RL properties. Applicants and subapplicants that are requesting an increased federal cost share must submit documentation with their Application or subapplication demonstrating that properties meet these definitions. If documentation is not submitted with the Application or subapplication to support a reduced non-federal cost share, FEMA will provide no more than 75 percent federal cost share of the total eligible costs. The remaining 25 percent of eligible activity costs are derived from non-federal sources. Structures with different federal cost-share requirements can be submitted in a single project subapplication. The overall project federal cost share documented in the Cost Share Section of the project subapplication should reflect the combined federal cost shares of the structures. For example, a project with $100,000 costs for one SRL structure funded at 100 percent federal cost share plus $100,000 costs for one RL structure funded at 90 percent federal cost share will have an overall project federal cost share of 95 percent, or $190,000, of the $200,000 total cost for both structures. For insular areas, including American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands, FEMA automatically waives the non-federal cost share for the Recipient when the non-federal cost share for the entire Award is under $200,000. If the non-federal cost share for the entire Award is $200,000 or greater, FEMA may waive all or part of the non-federal cost share at the request of the Recipient. The Recipient may request 100 percent cost-share in its application. The non-federal cost share may consist of cash, donated or third-party in-kind services, materials, or any combination thereof. Cash and third-party in-kind matches must consist of eligible costs (i.e., same eligibility as the federal share). Applicants cannot apply other federal Award funds toward the non-federal cost share unless the other federal statutory authority allows the funds to be used to meet cost-share requirements. Likewise, third- party in-kind matches used to meet the matching requirement may not be used to meet matching requirements for any other federal grant program. FEMA encourages DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 7 of 36 FY 2020 FMA NOFO innovative use of public and private-sector partnerships to meet the non-federal cost share. Ultimately, the Recipient is responsible for ensuring that it contributes the proper cost share to its actual project costs. If actual total project costs exceed the projected total project costs stated in the federal Award, and the additional costs are not approved by FEMA, the Recipient will be responsible for contributing additional funds above the required cost match. If actual total project costs are less than the projected total project costs stated in the federal Award, the Recipient will be responsible for contributing a cost match calculated as a percentage of those actual project costs. More detailed information is provided in Part III, C, and Cost Sharing, of the HMA Guidance, available on the FEMA website at https://www.fema.gov/media-library/assets/documents/103279. D. Application and Submission Information 1. Key Dates and Times a. Application Start Date: 09/30/2020 b. Application Submission Deadline: 01/29/2021 at 3:00 PM [Eastern Time] All Applications must be received by 3:00 PM Eastern Time on January 29, 2021. FEMA’s Grants Outcomes System (FEMA GO) automatically records proof of timely submission and the system generates an electronic date/time stamp when FEMA GO successfully receives the Application. The individual with the Authorized Organization Representative (AOR) role that submitted the Application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely submission on the date and time that FEMA GO received the Application. Applications received by FEMA GO after the established due date for Applications will be considered late and will not be considered for funding. DHS/FEMA will not review Applications that are received after the deadline or consider these late Applications for funding. DHS/FEMA may, however, extend the Application deadline on request for any Applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the Applicant’s control that prevent submission of the Application by the deadline, other exigent or emergency circumstances, or statutory requirements for DHS/FEMA to make an Award. Applicants experiencing technical problems outside of their control must notify FEMA as soon as possible and prior to the Application deadline. Failure to timely notify FEMA of the issue that prevented the filing of the Application within the required timeframe may preclude consideration of the Award. “Timely notification” of FEMA means the following: prior to the Application deadline and within 48 hours after the Applicant became aware of the issue. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 8 of 36 FY 2020 FMA NOFO A list of FEMA contacts can be found in Section G, “DHS Awarding Agency Contact Information.” For technical assistance with the FEMA GO system, please contact the FEMA GO Helpdesk at femago@fema.dhs.gov or (877) 611-4700. For programmatic or grants management questions, please contact your Program Analyst or Grants Management Specialist. If Applicants do not know who to contact or if there are programmatic questions or concerns, please contact the Centralized Scheduling and Information Desk (CSID) by phone at (800) 368-6498 or by e-mail at askcsid@fema.dhs.gov, Monday through Friday, 9:00 AM – 5:00 PM ET. c. Other Key Dates All complete Applications must be received by the established deadline. 2. Agreeing to Terms and Conditions of the Award By submitting an Application, Applicants agree to comply with the requirements of this NOFO and the terms and conditions of the Award, should they receive an Award. 3. Address to Request Application Package Applications are processed through the FEMA GO system. To access the system, go to https://go.fema.gov/. Hard copies of the NOFO can be downloaded at Grants.gov or obtained via email from the Awarding Office points of contact listed in Section G, “DHS Awarding Agency Contact Information.” For a hard copy of the full NOFO, please write a request to: Kayed Lakhia Director, Hazard Mitigation Assistance Division, Mitigation Directorate Federal Insurance and Mitigation Administration Federal Emergency Management Agency 400 C Street, SW Washington, DC 20472 Event Suggested Deadline for Completion Obtaining DUNS Number Four weeks before actual submission deadline Obtaining a valid EIN Four weeks before actual submission deadline Create account with login.gov One week before actual submission deadline Registering in SAM or updating SAM registration Four weeks before actual submission deadline Registering with FEMA GO One week before actual submission deadline Submitting final Application in FEMA GO By submission deadline DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 9 of 36 FY 2020 FMA NOFO In addition, the following Telephone Device for the Deaf (TDD) and/or Federal Information Relay Service (FIRS) number available for this Notice is: 1-800-462-7585. 4. Steps Required to Submit an Application, Unique Entity Identifier, and System for Award Management (SAM) To apply for an Award under this program, all Applicants must: a. Apply for, update, or verify their Data Universal Numbering System (DUNS) Number from Dun & Bradstreet and Employer Identification Number (EIN) from the Internal Revenue Service; b. In the Application, provide a valid DUNS number, which is currently the unique entity identifier; c. Have an account with login.gov; d. Register for, update, or verify their SAM account and ensure the account is active before submitting the Application; e. Register in FEMA GO and add their organization to the system. The organization’s electronic business point of contact (EBIZ POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see https://www.fema.gov/media-library/assets/documents/181607; f. Submit the complete Application in FEMA GO; and g. Continue to maintain an active SAM registration with current information at all times during which it has an active federal Award or an Application or plan under consideration by a federal awarding agency. Applicants are advised that DHS/FEMA may not make a federal Award until the Applicant has complied with all applicable DUNS and SAM requirements. Therefore, an Applicant’s SAM registration must be active not only at the time of Application, but also during the Application review period and when DHS/FMA is ready to make a federal Award. Further, as noted above, an Applicant’s or Recipient’s SAM registration must remain active for the duration of an active federal Award. If an Applicant’s SAM registration is expired at the time of Application, expires during Application review, or expires any other time before Award, DHS/FEMA may determine that the Applicant is not qualified to receive a federal Award and use that determination as a basis for making a federal Award to another Applicant. 5. Electronic Delivery DHS is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS encourages or requires Applicants to submit their Applications online through Grants.gov, depending on the funding opportunity. For this funding opportunity, FEMA requires Applicants to submit their Application through FEMA GO. 6. How to Register to Apply a. Instructions: Registering and applying for an Award under this program is a multi-step process and requires time to complete. Read the instructions below about registering to apply for DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 10 of 36 FY 2020 FMA NOFO DHS/FEMA funds. Applicants should read the registration instructions carefully and prepare the information requested before beginning the registration process. Reviewing and assembling the required information before beginning the registration process will alleviate last-minute searches for required information. The registration process can take up to four weeks to complete. To ensure an Application meets the deadline, Applicants are advised to start the required steps well in advance of their submission. Applicants must have a Data Universal Numbering System (DUNS) Number and an active System for Award Management (SAM) registration. 1) Obtain a DUNS Number: All entities applying for funding, including renewal funding, must have a Data Universal Numbering System (DUNS) number from Dun & Bradstreet (D&B). Applicants must enter the DUNS number in the data entry field labeled "Organizational DUNS" on the SF-424 form. For more detailed instructions for obtaining a DUNS number, refer to: https://www.grants.gov/web/grants/applicants/organization-registration/step-1- obtain-duns-number.html 2) Obtain Employer Identification Number: In addition to having a DUNS number, all entities applying for funding must provide an employer Identification Number (EIN). The EIN can be obtained from the IRS by visiting: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an- employer-identification-number-ein-online. 3) Create a login.gov account: Applicants must have a login.gov account in order to register with SAM or update their SAM registration. Applicants can create a login.gov account here: https://secure.login.gov/sign_up/enter_email?request_id=34f19fa8-14a2-438c- 8323-a62b99571fd3. Applicants only have to create a login.gov account once. For Applicants that are existing SAM users, use the same email address for the login.gov account as with SAM.gov so that the two accounts can be linked. For more information on the login.gov requirements for SAM registration, refer to: https://www.sam.gov/SAM/pages/public/loginFAQ.jsf. 4) Register with SAM: In addition to having a DUNS number, all Applicants applying online through Grants.gov must register with the System for Award Management (SAM). Failure to register with SAM will prevent your organization from applying through Grants.gov. SAM registration must be renewed annually. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 11 of 36 FY 2020 FMA NOFO For more detailed instructions for registering with SAM, refer to: https://www.grants.gov/web/grants/applicants/organization-registration/step-2- register-with-sam.html. 5) Register in FEMA GO, add the organization to the system, and establish the AOR: Register in FEMA GO and add their organization to the system. The organization’s electronic business point of contact (EBIZ POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see https://www.fema.gov/media-library/assets/documents/181607. 7. Submitting the Application in FEMA GO After submitting the final Application, FEMA GO will provide either an error message or a successfully received transmission in the form of an email sent to the AOR that submitted the Application. Applicants using slow internet connections, such as dial-up connections, should be aware that transmission can take some time before FEMA GO receives their Application. 8. Timely Receipt Requirements and Proof of Timely Submission All Applications must be completed in FEMA GO by the Application deadline. Proof of timely submission is automatically recorded by FEMA GO. An electronic date/time stamp is generated within the system when the Application is successfully submitted to FEMA in FEMA GO. Additionally, the Applicant will receive a system-generated email to confirm submission. FEMA will address any system-related issues Applicants and subapplicants are experiencing until 3:00 PM Eastern Time on 01/27/2021, two days before the application deadline. No new system-related issues will be addressed after this deadline. Applications not received by the Application submission deadline will not be accepted. 9. Content and Form of Application Submission Application for Federal Assistance and Assurances and Certifications Forms The following forms or information are required to be submitted via FEMA GO. The Standard Forms (SF) are also available at https://www.grants.gov/web/grants/forms/sf-424-family.html.  SF-424, Application for Federal Assistance  Certification Regarding Lobbying  SF-424A, Budget Information (Non-Construction) • For construction under an Award, submit SF-424C, Budget Information (Construction), in addition to or instead of SF-424A  SF-424B, Standard Assurances (Non-Construction) • For construction under an Award, submit SF-424D, Standard Assurances (Construction), in addition to or instead of SF-424B  SF-LLL, Disclosure of Lobbying Activities DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 12 of 36 FY 2020 FMA NOFO  Indirect Cost Rate Agreement or Proposal if the budget includes indirect costs and the Applicant is required to have an indirect cost rate agreement or proposal. See further information below regarding allowability of indirect costs and documentation requirements, including if the Applicant does not have or is not required to have an indirect cost rate agreement or proposal, or contact the relevant DHS/FEMA staff identified in Section G, “DHS Awarding Agency Contact Information” for further instructions. The SF-424 family of forms is available on the Grants.gov website at http://www.grants.gov/web/grants/forms/sf-424-family.html. The FEMA Form FF 20- 16C, Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements is available from the FEMA library online at https://www.fema.gov/media-library/assets/documents/9754. Applicants may require their subapplicants to complete and attach the grant Application and/or Assurance and Certifications forms to their planning, Project Scoping, community flood mitigation project, Technical Assistance, and individual flood mitigation project subapplications in FEMA’s grant application system. Subapplicants should contact their Applicant agency for information specific to their state/territory/Indian tribal government’s (federally recognized) application process. Contact information for the SHMOs is provided on the FEMA website at https://www.fema.gov/state-hazard-mitigation-officers. All Applicants must submit an FMA grant Application via FEMA’s grant application system by the Application deadline to be considered for funding. The required format for Applications and subapplications is built into FEMA’s grant application system:  FMA Applications, including Applicant-approved planning, Project Scoping, community flood mitigation project, Technical Assistance, individual flood mitigation project, and management costs subapplications must be submitted in an FY 2020 FMA Application.  Flood hazard mitigation planning activities must be submitted in a planning subapplication;  Project Scoping activities must be submitted in a Project Scoping subapplication;  Community flood mitigation projects and individual flood mitigation projects must be submitted in a project subapplication;  Applicant management costs (for Applicants only) must be submitted in a management costs subapplication;  Technical Assistance costs (for Recipients to which FEMA obligated an FY 2019 FMA Award of at least $1 million federal share) must be submitted in a Technical Assistance subapplication. Management Costs Applicant requests for management costs must be submitted in a separate management costs subapplication in FEMA’s grant application system. Applicants may apply for DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 13 of 36 FY 2020 FMA NOFO Applicant management costs of up to 10 percent of the total FMA grant application for management of the Award and all selected subawards. Subapplicants may include subapplicant management costs of up to 5 percent of the total cost of their planning, Project Scoping, or mitigation project subapplication to manage the proposed subaward activities. Subapplicant management cost activities must be added to the Scope of Work section and identified as a line item in the Cost Estimate section of subapplications in FEMA’s grant application system. For additional information, please refer to Section D.13.b Management Costs. 10. Other Submission Requirements This section sets forth documentation which must be provided to document specific eligibility criteria set forth in Section C, Eligibility Information, Other Eligibility Criteria. Benefit-Cost Analysis for Mitigation Projects Applicants and subapplicants applying for mitigation projects (community flood mitigation projects or individual flood mitigation projects) must provide a Benefit-Cost Analysis (BCA) or other documentation that validates cost-effectiveness. BCA is the method of estimating the future benefits of a project compared to its cost. The end result is a benefit-cost ratio (BCR), which is derived from a project’s total net benefits divided by its total project cost. The total benefits and costs must be entered in the Cost- Effectiveness section of the project subapplication and a FEMA-approved BCA must be attached as documentation, as applicable. Planning, Project Scoping, Technical Assistance, and management costs subapplications do not require a BCA. FEMA has created software to ensure that the BCR is calculated in accordance with FEMA's standardized methodologies and OMB Circular A-94, Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs, available on the Internet at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A94/a094.pdf FEMA’s Benefit Cost Toolkit is available on the FEMA website at https://www.fema.gov/benefit-cost-analysis Version 6.0 or newer are the only versions FEMA will accept as documentation for demonstrating cost effectiveness. A non-FEMA BCA methodology may only be used if pre-approved by FEMA in writing. More detailed information is available in Part IV, I, Cost Effectiveness, of the HMA Guidance, available on the FEMA website at https://www.fema.gov/media- library/assets/documents/103279. Acquisition Project Requirements The subrecipient must provide FEMA with a signed copy of the Statement of Voluntary Participation for each property post- award. The Statement of Voluntary Participation formally documents the Notice of Voluntary Interest and information related to the purchase offer. The Statement of Voluntary Participation is available on the FEMA website at https://www.fema.gov/media-library/assets/documents/13708. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 14 of 36 FY 2020 FMA NOFO Subrecipients must apply deed-restriction language to all acquired properties to ensure that the property is maintained in perpetuity as open space consistent with the conservation of natural floodplain functions, as agreed to by accepting FEMA mitigation award funding. Deed-restriction language is applied to acquired properties by recording the open space and deed restrictions. The FEMA Model Deed Restriction is available on the FEMA website at https://www.fema.gov/media-library/assets/documents/28496. Subrecipients, as well as recipients and FEMA are responsible for enforcing compliance with open space restrictions pursuant to 44 CFR Part 80 requirements. National Environmental Policy Act Requirements for Mitigation Projects Applicants and subapplicants applying for mitigation projects (community flood mitigation projects or individual flood mitigation projects) must provide information needed to comply with the National Environmental Policy Act (NEPA) (42 U.S.C. §§ 4321–4370h) and the related DHS and FEMA instructions and directives (i.e., DHS Directive 023-01, DHS Instruction Manual 023-01-001-01, FEMA Directive 108-1, FEMA Instruction 108-1-1). The required information is included in the subapplication in FEMA’s grant application system. Environmental Planning and Historic Preservation (EHP) Job Aids and Supplements are available on the FEMA website at https://www.fema.gov/media-library/assets/documents/102051. The required information is included in the subapplication in FEMA’s grant application system. 11.Intergovernmental Review An intergovernmental review may be required. Applicants must contact their state’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372 (See https://www.archives.gov/federal-register/codification/executive- order/12372.html; https://www.whitehouse.gov/wp-content/uploads/2019/02/SPOC- February-2019.pdf). 12.Funding Restrictions All costs charged to awards covered by this NOFO must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements at 2 C.F.R. Part 200, unless otherwise indicated in the NOFO or the terms and conditions of the Award. Federal funds made available through an Award under this NOFO may only be used for the purpose set forth in this NOFO and the terms and conditions of the Award and must be consistent with the statutory and regulatory authority for the Award. Award funds may not be used for matching funds for any other federal grants/cooperative agreements, lobbying, or intervention in federal regulatory or adjudicatory proceedings. In addition, federal funds may not be used to sue the federal government or any other government entity. The federal funding caps for FMA are as follows: o $600,000 per Applicant for all Project Scoping subapplications; o $30 million cap per community flood mitigation project subapplication; DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 15 of 36 FY 2020 FMA NOFO o $50,000 per Applicant for all Technical Assistance subapplications, for Recipients to which FEMA obligated an FY 2019 FMA Award of at least $1 million federal share; o $100,000 per Applicant for flood hazard mitigation planning with maximums of: $50,000 for state flood hazard mitigation planning; $25,000 for local flood hazard mitigation planning; o 10 percent of the total Application budget for Applicant management costs for Applicants to administer and manage Award and subaward activities (see the Management and Administration Costs subsection below); o 5 percent of the total mitigation project, Project Scoping, and planning subapplication budget for subapplicant management costs for subapplicants to manage their subaward activities (see the Management and Administration Costs subsection below). Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially high-cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment and federal procurement requirements, please reference 2 C.F.R. Part 200, available at https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl More detailed information is available in Part III, E.1, Eligible Activities, of the HMA Guidance, available on the FEMA website at https://www.fema.gov/media-library/assets/documents/103279. 13.Allowable Costs a.Pre-Award Costs Pre-award costs directly related to developing the FMA grant Application or subapplication that are incurred prior to the date of the grant award are allowed subject to FEMA approval at time of award. Such costs may have been incurred prior to Application submission, for example gathering NEPA data or developing a BCA (see Section D, Application and Submission Information), preparing design specifications, or conducting workshops or meetings related to development and submission of subapplications. To be eligible for FMA funding, pre-award costs must be identified as separate line items in the cost estimate of the subapplication. Pre-award costs may be cost shared or Applicants and subapplicants may identify them as their non-federal cost share (see Section C, Eligibility Information, Cost Share or Match). Costs associated with implementation of proposed projects in the submitted grant Application or subapplication that are incurred prior to the date of the grant Award are not allowed. Activities initiated or completed prior to the date of the grant Award are generally not eligible. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 16 of 36 FY 2020 FMA NOFO Applicants and subapplicants who are not awarded Awards or subawards will not receive reimbursement for the corresponding pre-award costs. More detailed information is provided in Part IV, F.2, Pre-Award Costs, of the HMA Guidance, available on the FEMA website at https://www.fema.gov/media-library/assets/documents/103279. b.Management Costs Management costs are any indirect costs, any direct administrative costs, and other administrative expenses that are reasonably incurred in administering an Award or subaward. Applicant and subapplicant management cost activities including the implementation of the FMA program, such as subapplication development, geocoding mitigation projects, delivery of Technical Assistance, managing Awards and staff salary costs are eligible for FMA funding in accordance with the HMA Guidance, available on the FEMA website at https://www.fema.gov/media-library/assets/documents/103279. Applicants may apply for Applicant management costs of up to 10 percent of the total FMA grant Application for management of the Award and all selected subawards. Applicant requests for management costs must be submitted in a separate management costs subapplication in FEMA’s grant application system (see Section D, Application and Submission Information, Content and Form of Application Submission). Subapplicants may include subapplicant management costs of up to 5 percent of the total cost of their planning, Project Scoping, or mitigation project subapplication to manage the proposed subaward activities. Subapplicant management cost activities must be added to the Scope of Work section and identified in the Cost Estimate section of subapplications in FEMA’s grant application system. Indirect Cost Rates As part of management costs, Applicants and subapplicants may charge indirect costs as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Applicants that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application. Subapplicants are not required to submit negotiated indirect cost rate agreements or proposals directly to FEMA, but they may need to submit them to the applicable Applicants per 2 C.F.R. § 200.331. Applicants and subapplicants that are required to have either a negotiated indirect cost rate agreement or proposal may use their applicable indirect cost rate to charge indirect costs, but they may only charge an amount up to the applicable dollar cap set DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 17 of 36 FY 2020 FMA NOFO above for all management costs. If Applicants or subapplicants are not required to have a negotiated indirect cost rate agreement or proposal, the Applicants should reach out on behalf of themselves or on behalf of subapplicants to the applicable contacts listed in Section G, DHS Awarding Agency Contact Information for further instructions. E. Application Review Information 1. Application Evaluation Criteria a. Programmatic Criteria FEMA will review subapplications submitted by each Applicant to ensure compliance with applicable regulations at 44 C.F.R. Parts 79, 80, and 201, and the HMA Guidance, including: • Eligibility of the Applicant and subapplicant; • Eligibility of proposed activities and costs; • Completeness of the subapplication; • Cost-effectiveness and engineering feasibility of mitigation projects; and • Eligibility and availability of non-federal cost share. For more detailed information, see Part VI, Application Review Information, of the HMA Guidance, available on the FEMA website at https://www.fema.gov/media-library/assets/documents/103279. b. Financial Integrity Criteria Prior to making a federal Award, the DHS FEMA is required by 31 U.S.C. § 3321 note, 41 U.S.C. § 2313, and 2 C.F.R. § 200.205 to review information available through any OMB-designated repositories of government wide eligibility qualification or financial integrity information. Therefore, Application evaluation criteria may include the following risk-based considerations of the Applicant: 1) Financial stability. 2) Quality of management systems and ability to meet management standards. 3) History of performance in managing federal Award. 4) Reports and findings from audits. 5) Ability to effectively implement statutory, regulatory, or other requirements. c. Supplemental Financial Integrity Criteria and Review Prior to making a federal Award where the anticipated total federal share will be greater than the simplified acquisition threshold, currently $250,000 (see Section 805 of the National Defense Authorization Act for Fiscal Year 2018, Pub. L. No. 115-91, OMB Memorandum M-18-18 at https://www.whitehouse.gov/wp-content/uploads/2018/06/M-18-18.pdf): 1) DHS/FEMA is required to review and consider any information about the Applicant that is in the designated integrity and performance system DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 18 of 36 FY 2020 FMA NOFO accessible through SAM, which is currently the Federal Awardee Performance and Integrity Information System (FAPIIS) and is accessible through the SAM website. 2) An Applicant, at its option, may review information in FAPIIS and comment on any information about itself that a federal awarding agency previously entered. 3) DHS FEMA will consider any comments by the Applicant, in addition to the other information in FAPIIS, in making a judgment about the Applicant’s integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by Applicants as described in 2 C.F.R. § 200.205. 2. Review and Selection Process a. Review Process FEMA will select subapplications up to the available funding amount of $160 million in the following order. 1. Project Scoping – up to $4 million FEMA will select the highest ranked eligible subapplication(s) for Project Scoping from each Applicant not to exceed $600,000 total federal cost share. Project Scoping can be used to obtain data and to prioritize, select, and develop community flood mitigation projects and/or individual flood mitigation projects for future funding based on current FEMA-approved mitigation plans. In accordance with 44 C.F.R. Part 79 and HMA Guidance, Project Scoping subapplications will be evaluated to ensure that the end result will lead to an eligible project subapplication that will provide benefits to the NFIP. Consideration of Project Scoping early in the decision-making process can help facilitate the development of a viable project, as well as project implementation. FY 2020 Project Scoping projects are not eligible for FY 2020 community flood mitigation project or traditional flood mitigation project funding. There is no guarantee for future HMA project funding if Project Scoping is awarded. All Project Scoping subapplications must include the following elements: • Use the Project Scoping application type within FEMA’s grant application system to be considered, • Be designated as a Project Scoping project in the subapplication title “Project Scoping for X”, and • Prove that the proposed project benefits NFIP insured properties by submitting a map and associated geospatial file(s) (e.g., Shapefile, KML/KMZ, Geodatabase, or other GIS enabled document) delineating: o Estimated area benefitting from the project DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 19 of 36 FY 2020 FMA NOFO Eligible Project Scoping activities must benefit NFIP insured properties. Examples include, but are not limited to: • Conducting meetings, outreach and coordination with subapplicants and community residents • Developing or conducting engineering, environmental feasibility and/or benefit-cost analyses • Undertaking activities that lead to development of project applications • Evaluating facilities to identify mitigation actions • Using staff or resources to develop cost share strategies 2. Community Flood Mitigation Projects – up to $70 million FEMA will then select the highest scored eligible community flood mitigation project subapplication(s) based on the FEMA scoring criteria (see below). Each subapplication shall not exceed $30 million federal cost share. In accordance with 44 C.F.R. Part 79 and HMA Guidance, projects will be evaluated to ensure they will provide benefits to the NFIP. All community flood mitigation project subapplications must include the following elements: • Use the Community Flood Control code/activity type within FEMA’s grant application system to be considered, • Be designated as community flood mitigation project in the subapplication title “Community Flood Mitigation Project”, and • Prove that the proposed project benefits NFIP insured properties by submitting a map and associated geospatial file(s) (e.g., Shapefile, KML/KMZ, Geodatabase, or other GIS enabled document) delineating: o The proposed project footprint boundary, o Area benefitting from project, and o Active NFIP policies (if data available). Eligible activities must benefit NFIP insured properties. Examples include, but are not limited to: • Localized flood control • Floodwater storage and diversion • Floodplain and stream restoration • Stormwater management • Wetland restoration/creation Subapplications submitted for either the Project Scoping funding or community flood mitigation project funding will be scored and selected based on the priorities in the following table, as needed: DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 20 of 36 FY 2020 FMA NOFO Final Priority Scoring Criteria for Community Flood Mitigation Projects & Project Scoping Priority Description Total Points NFIP Insured Multiple Loss Communities Communities with 50 or more Repetitive Loss (RL) or Severe Repetitive Loss (SRL) structures and have received NFIP claims in a county that has received an Individual Assistance declaration for flood in the past 10 years. Up to 200 NFIP Policy Holder Points will be assessed for every NFIP policy that is active as of the FMA application start date (Section D, Application and Submission Information, Key Dates and Times) and is verified within the benefitting area of the project. (5 per NFIP Policy). 5 x Each NFIP Policy Severe Repetitive Loss (SRL) and Repetitive Loss (RL) Properties Points will be assessed for SRL or RL structure that is verified within the benefitting area of the project (5 per RL and 10 per SRL property). 5 x each RL 10 x each SRL Private- Partnership Cost Share Cost share taken on by private organizations/businesses emphasizing community participation, collaboration, and investment. Points will be assigned based on percentage of private cost share invested. 150 Community Rating System (CRS) Participation The CRS recognizes and encourages community floodplain- management activities that exceed the minimum National Flood Insurance Program standards. Depending on the level of participation, flood insurance premium rates for policyholders can be reduced up to 45%. Highest weight will be assigned to class 1 and descending through lower classes. (Graded Scale: 1 = 100, 2 = 90, 3 = 80, 4 = 70, 5 = 60, 5 = 50, 6 = 40, 7 = 30, 8 = 20, 9 = 10) 10-100 Advance Assistance Generated Project (Projects Only) Application generated from a previous FEMA HMA Advance Assistance Award. 20 Cooperating Technical Partners Program (CTP) Participation The CTP is a qualified partnership program in which communities commit to collaborate in maintaining up-to-date flood hazard maps and other flood hazard information. Points will be assigned to CTP participating communities. 30 In the event of a tie between two or more community flood mitigation subapplications, FEMA will use the highest Benefit-Cost Ratio (BCR) as a tiebreaker for projects. After meeting the $70 million available for community flood mitigation or when all eligible community flood mitigation project subapplications have been DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 21 of 36 FY 2020 FMA NOFO selected, FEMA will select eligible subapplications for the remaining funds in the following order: 3. Technical Assistance FEMA will select eligible Technical Assistance subapplications up to $50,000 federal cost share for Recipients to which FEMA obligated an FY 2019 FMA Award of at least $1 million federal share. 4. Flood Hazard Mitigation Planning FEMA will select eligible planning subapplications up to $100,000 federal cost share per Applicant with a maximum of $50,000 federal cost share for the flood only portion of state mitigation plan updates and a maximum of $25,000 federal cost share for the flood only portion of local mitigation plans. FEMA may reduce the federal cost share of any planning subapplication that exceeds the statutory maximums. 5. Individual Flood Mitigation Projects FEMA will select eligible individual flood mitigation project subapplications on a competitive basis in the following prioritized order: a. Projects that will mitigate flood damage to at least 50 percent of structures included in the subapplication that meet the definition in 42 U.S.C. § 4104c(h)(3)(B)(ii) of an SRL property: At least two separate NFIP claim payments have been made with the cumulative amount of such claims exceeding the market value of the insured structure. b. Projects that will mitigate flood damage to at least 50 percent of structures included in the subapplication that meet the definition of a RL property: have incurred flood-related damage on two occasions, in which the cost of the repair, on the average, equaled or exceeded 25 percent of the market value of the structure at the time of each such flood event. c. Projects that will mitigate flood damage to at least 50 percent of structures included in the subapplication that meet the definition in 42 U.S.C. § 4104c(h)(3)(B)(i) of an SRL property: four or more separate NFIP claims payments have been made with the amount of each claim exceeding $5,000, and with the cumulative amount of claims payments exceeding $20,000. FEMA may rank subapplications higher in each of the above priorities where the average elevation federal cost share is less than $250,000 for all single dwelling units and the average acquisition federal cost share is less than $750,000 for all single dwelling units. 6. FEMA will select remaining eligible subapplications once all above priorities are met based on benefits to the NFIP. Applicants must ensure that accurate NFIP policy numbers and RL numbers are included in all subapplications to be eligible to be selected for the above priorities. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 22 of 36 FY 2020 FMA NOFO For project subapplications in priority categories 5(a) through 5(c) above, FEMA will prioritize projects as follows: a. The highest percentage of structures included in the subapplication that meet the definition from 100 to 50 percent; b. The largest number of structures included in the subapplication that meet the definition; c. The highest percentage of structures included in the subapplication that were determined Substantially Damaged by the community within two (2) years of the Application Submission Deadline and a verification letter is attached to the Application; d. The lowest percentage of structures included in the subapplication that are Secondary Dwelling Units pursuant to the active NFIP Policy; and e. The projects with the highest FEMA-validated BCR. FEMA may rank subapplications higher in each of the above priorities where the average elevation federal cost share is less than $250,000 for all single dwelling units and the average acquisition federal cost share is less than $750,000 for all single dwelling units. If a project subapplication includes structures that meet the definition in more than one of the priority categories, then the project will be considered under each of those priority categories, and the structures that meet the definition of each priority category will be counted for that category. • For example, a project with structures that meet the definition in priority category (a) is not selected for priority (a) because less than 50 percent of the structures included in the subapplication meet that definition. However, the project also contains structures that meet the definition in priority category (b). So the project is considered for priority (b), and the percentage of structures included in the subapplication that meet the definition in priority category (b) is used to determine whether it is selected. FEMA may select a subapplication out of priority order based on one or more of the following factors: • Availability of funding • Duplication of subapplications • Program priorities and policy factors • Other pertinent information b. Selection Status After the review has been completed as described in Section E, Application Review Information, FEMA will designate the selected planning, project, Project Scoping, and Technical Assistance subapplications as one of the following three statuses: DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 23 of 36 FY 2020 FMA NOFO 1. Identified for Further Review (IFFR) – Applicants with planning, project, Project Scoping and/or Technical Assistance subapplication(s) that are Identified for Further Review that submitted a management costs subapplication in their FMA grant Application (see Section D, Application and Submission Information, Content and Form of Application Submission) are eligible to receive Applicant management costs not to exceed 10 percent of the selected planning and project subapplications. 2. Not Selected – This means the subapplication is eligible but was not selected due to a lack of available funding under the applicable subtotals. 3. Does Not Meet HMA Requirements – This means the subapplication does not satisfy the eligibility and completeness requirements. c. Request for Reconsideration At its discretion, and at the request of the Applicant or subapplicant (through the Applicant), FEMA may reconsider a decision regarding a planning, project, or Technical Assistance subapplication that is Not Selected or Does Not Meet HMA Requirements only where there is an indication of substantive technical or procedural error that may have influenced FEMA’s decision. There will be no reconsideration regarding the amount of planning subapplications, Applicant management costs, or Technical Assistance costs. Applicants must send requests for reconsideration based on technical or procedural error to their FEMA Regional Office within 60 days of the posting of subapplication status. Subapplicants should contact their Applicant agency regarding reconsideration requests, so that the Applicant may submit it to FEMA on their behalf. Contact information for each SHMO is provided at https://www.fema.gov/state-hazard-mitigation-officers. The FEMA Regional Office will review reconsideration requests received from Applicants and submit the Regional recommendation to FEMA Headquarters. FEMA Headquarters will make a final determination to overturn or uphold the original decision and send the response to the Applicant. Prior to making an Award, FEMA will evaluate Applicants to determine the level of risk when there is a history of failure to comply with general or specific terms and conditions of a federal Award or failure to meet the expected performance goals. If FEMA determines that a federal Award will be made, special conditions that correspond to the degree of risk assessed may be applied to the Award, as specified in Part VI, B, Risk Assessment Prior to FMA Award, of the HMA Guidance, available on the FEMA website at https://www.fema.gov/media- library/assets/documents/103279. F. Federal Award Administration Information 1. Notice of Award DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 24 of 36 FY 2020 FMA NOFO Before accepting the Award, the AOR and Recipient should carefully read the Award package. The Award package includes instructions on administering the grant Award and the terms and conditions associated with responsibilities under federal Awards. Award package must be accepted within 30 days of receipt. Recipients must accept all conditions in this NOFO as well as any special terms and conditions in the Notice of Award to receive an Award under this program. FEMA will provide the federal Award package to the Applicant electronically via FEMA’s grant application system. Award packages include an Award letter, Obligating Document for Awards/Amendments, and Articles of Agreement, including EHP review and/or other conditions. An email notification of the Award package will be sent through FEMA’s grant application system to the Applicant POC(s) designated in the FMA grant application. See 2 C.F.R. § 200.210, Information contained in a federal Award at http://www.gpo.gov/fdsys/granule/CFR-2014-title2-vol1/CFR-2014-title2-vol1-sec200- 210. When FEMA obligates funds for a grant to an Applicant, the Applicant and subapplicant are denoted as Recipient and subrecipient, respectively. The Recipient and subrecipient agree to abide by the grant Award terms and conditions as set forth in the Articles of Agreement provided in the Award package. Recipients must accept all conditions in this NOFO as well as any Special Terms and Conditions. For detailed information, see Part VI, A, Notice of Award, of the HMA Guidance, available on the FEMA website at https://www.fema.gov/media-library/assets/documents/103279. FEMA or the Department of Homeland Security may initiate a formal evaluation of programs, projects or activities supported by this grant. By accepting grant funds, Recipients agree to participate in the evaluation, which may include analysis of individuals who benefit from the grant (such as property owners), and providing access to program operating personnel and participants, as specified by the evaluator(s) including after the period of performance. 2. Administrative and National Policy Requirements All successful Applicants for DHS grant and cooperative agreements are required to comply with DHS Standard Terms and Conditions, which are available online at: DHS Standard Terms and Conditions. The applicable DHS Standard Terms and Conditions will be those in effect at the time the Award was made. Terms and conditions for each Award will be clearly stated in the Award package at the time of Award. Construction Project Requirements Acceptance of federal funding requires FEMA, the Recipient, and any subrecipients to comply with all federal, state, and local laws prior to the start of any construction activity. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. Also: DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 25 of 36 FY 2020 FMA NOFO • Any change to the approved scope of work will require re-evaluation by FEMA for Recipient and subrecipient compliance with the NEPA and other laws and Executive Orders. • If ground-disturbing activities occur during construction, the Recipient and any subrecipients must ensure monitoring of ground disturbance, and if any potential archaeological resources are discovered, the subrecipient will immediately cease construction in that area and notify the Recipient and FEMA. • All mitigation projects must be in in conformance with flood insurance requirements. This means that if the project is located in a Special Flood Hazard Area (SFHA): (a) the project must be in a jurisdiction participating in the National Flood Insurance Program (NFIP); and (b) the property owner(s) must obtain and maintain flood insurance for the life of the structure, regardless of transfer of ownership, in an amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the mitigated property, whichever is less. Environmental Planning and Historic Preservation (EHP) Compliance Applicants and subapplicants proposing projects that have the potential to affect the environment, including but not limited to modification or renovation of existing buildings, structures and facilities, or new construction, including replacement of facilities, must participate in the FEMA EHP review process. See FEMA Directive 108- 1: Environmental Planning and Historic Preservation Responsibilities and Program Requirements (October 10, 2018); FEMA Instruction 108-1-1: Instruction on Implementation of the Environmental Planning and Historic Preservation Responsibilities and Program Requirements (October 10, 2018), accessible at https://www.fema.gov/media-library/assets/documents/118323. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to adversely affect environmental resources and/or historic properties. EHP Job Aids and Supplements are available on the FEMA website at https://www.fema.gov/media-library/assets/documents/102051. 3. Reporting Recipients are required to submit quarterly financial and performance reports to FEMA as a condition of their Award acceptance throughout the period of performance, even for periods where no grant Award activity occurs. Future Awards and fund drawdowns may be withheld if these reports are delinquent, demonstrate a lack of progress, or are insufficient in detail. The following reporting periods and due dates apply: DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 26 of 36 FY 2020 FMA NOFO Reporting Period Report Due Date October 1 – December 31 January 30 January 1 – March 31 April 30 April 1 – June 30 July 30 July 1 – September 30 October 30 a. Federal Financial Reporting Requirements The Federal Financial Report (FFR) form is available online at: SF-425 OMB #4040-0014 Recipients must report obligations and expenditures on a quarterly basis through the FFR to DHS/FEMA. Recipients must file the FFR electronically using FEMA GO. Recipients must submit an FFR quarterly throughout the period of performance, including partial calendar quarters, as well as for periods where no grant Award activity occurs. FEMA may withhold future Awards and fund drawdowns if these reports are delinquent, demonstrate lack of progress, or are insufficient in detail. b. Programmatic Performance Reporting Requirements In addition to the FFR reports, Recipients must report on the progress of the grant on a quarterly basis to DHS/FEMA using the Quarterly Performance Report in FEMA’s grant application system. The Quarterly Performance Reports must be submitted electronically in FEMA’s grant application system throughout the period of performance, even for periods where no grant Award activity occurs. Reports are due within 30 days from the end of the first federal quarter following the initial grant Award and within 30 days after every subsequent quarter until the grant ends. c. Closeout Reporting Requirements Within 90 days after the end of the period of performance, or after an amendment has been issued to close out a grant, Recipients must submit the following: 1) The final request for payment, if applicable; 2) The final FFR (SF-425); 3) The final progress report detailing all accomplishments; 4) A qualitative narrative summary of the impact of those accomplishments throughout the period of performance; and 5) Other documents required by this NOFO, terms and conditions of the Award, or other DHS FEMA guidance. If applicable, an inventory of all construction projects that used funds from this program must be reported with the final progress report. After these reports have been reviewed and approved by DHS FEMA, a closeout notice will be completed to close out the grant. The notice will indicate the period of performance as closed, list any remaining funds that will be deobligated, and address the requirement of maintaining the grant records for three years from the date of the final FFR, unless a longer period applies, such as due to an audit or litigation, for DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 27 of 36 FY 2020 FMA NOFO equipment or real property used beyond the period of performance, or due to other circumstances outlined in 2 C.F.R. § 200.333. In addition, any Recipient that issues subawards to any subrecipient is responsible for closing out those subawards as described in 2 C.F.R. § 200.343. Recipients acting as pass-through entities must ensure that they complete the closeout of their subawards in time to submit all necessary documentation and information to DHS FEMA during the closeout of their prime grant Award. The Recipient is responsible for returning any funds that have been drawn down but remain as unliquidated on Recipient financial records. d. Disclosing Information per 2 C.F.R. § 180.335 This reporting requirement pertains to disclosing information related to government-wide suspension and debarment requirements. Before a Recipient enters into a grant Award with DHS FEMA the Recipient must notify DHS FEMA if it knows if it or any of the Recipient’s principals under the Award fall under one or more of the four criteria listed at 2 C.F.R. § 180.335: 1) Are presently excluded or disqualified; 2) Have been convicted within the preceding three years of any of the offenses listed in 2 C.F.R. § 180.800(a) or had a civil judgment rendered against it or any of the Recipient’s principals for one of those offenses within that time period; 3) Are presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses listed in 2 C.F.R. § 180.800(a); or 4) Have had one or more public transactions (federal, state, or local) terminated within the preceding three years for cause or default. At any time after accepting the Award, if the Recipient learns that it or any of its principals falls under one or more of the criteria listed at 2 C.F.R. § 180.335, the Recipient must provide immediate written notice to DHS FEMA in accordance with 2 C.F.R. § 180.350. e. Reporting of Matters Related to Recipient Integrity and Performance Per 2 C.F.R. Part 200, Appendix I § F.3, the additional post-award reporting requirements in 2 C.F.R. Part 200, Appendix XII may apply to Applicants who, if upon becoming Recipients, have a total value of currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies that exceeds $10,000,000 for any period of time during the period of performance of an Award under this funding opportunity. Recipients that meet these criteria must maintain current information reported in FAPIIS about civil, criminal, or administrative proceedings described in paragraph 2 of Appendix XII at the reporting frequency described in paragraph 4 of Appendix XII. 4. Monitoring DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 28 of 36 FY 2020 FMA NOFO Per 2 C.F.R. § 200.336, DHS FEMA, through its authorized representatives, has the right, at all reasonable times, to make site visits to review project accomplishments and management control systems to review project accomplishments and to provide any required technical assistance. During site visits, DHS FEMA will review grant Recipients’ files related to the grant Award. As part of any monitoring and program evaluation activities, grant Recipients must permit DHS FEMA upon reasonable notice, to review grant-related records and to interview the organization’s staff and contractors regarding the program. Recipients must respond in a timely and accurate manner to DHS FEMA requests for information relating to the grant program. G. DHS Awarding Agency Contact Information 1. Contact and Resource Information Program/Financial and Administrative Questions General questions about the FMA program can be directed to the appropriate FEMA Regional Office or SHMO. Contact information for FEMA Regional Offices is provided at https://www.fema.gov/about-agency. Contact information for the SHMOs is provided at https://www.fema.gov/state-hazard-mitigation-officers. The HMA Helpline is available by telephone 1-866-222-3580 or email HMAGrantsHelpline@fema.dhs.gov. For questions about cost-effectiveness and FEMA’s BCA software, contact the BC Helpline by telephone 1-855-540-6744 or email BCHelpline@fema.dhs.gov. The Feasibility and Effectiveness Helpline is available for guidance on FEMA Building Science publications by email FEMA-BuildingScienceHelp@fema.dhs.gov. A Helpline for guidance on FEMA Safe Room publications is available by email Saferoom@fema.dhs.gov. For questions about NEPA or EHP requirements, the EHP Helpline is available by telephone 1-866-222-3580 or email ehhelpline@fema.dhs.gov. Resources and job aids intended to help prepare Applications and subapplications are available on FEMA’s Hazard Mitigation Assistance webpage at https://www.fema.gov/application-development-1. FEMA publications that specify the documentation and information necessary for FEMA to review project subapplications for feasibility and effectiveness, cost-effectiveness, and potential impacts on environmental and cultural resources are available on the FEMA website at https://www.fema.gov/hazard-mitigation-assistance-publications. 2. Systems Information DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 29 of 36 FY 2020 FMA NOFO Information, training, and resources on FEMA’s grant outcomes system for Applicant and subapplicant users are available at https://go.fema.gov. H. Additional Information 1. Procurement Integrity Through audits conducted by the DHS Office of Inspector General (OIG) and FEMA grant monitoring, findings have shown that some FEMA Recipients have not fully adhered to proper procurement requirements when spending grant funds. Anything less than full compliance with federal procurement requirements jeopardizes the integrity of the grant as well as the grant program. The below highlights the Federal procurement requirements for FEMA Recipients when procuring goods and services with federal grant funds. FEMA will include a review of Recipients’ procurement practices as part of the normal monitoring activities. All procurement activity must be conducted in accordance with Federal Procurement Standards at 2 C.F.R. §§ 200.317 – 200.326. Select requirements under these standards are listed below. The Recipient and any of its subrecipients must comply with all requirements, even if they are not listed below. Under 2 C.F.R. § 200.317, when procuring property and services under a federal Award, states must follow the same policies and procedures they use for procurements from their non-federal funds; additionally, states must follow 2 C.F.R. § 200.322 regarding procurement of recovered materials, and 2 C.F.R. § 200.326 regarding required contract provisions. All other non-federal entities, including tribal governments, must use their own documented procurement procedures that reflect applicable SLTT laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in 2 C.F.R. Part 200. These standards include, but are not limited to, providing for full and open competition consistent with the standards of 2 C.F.R. § 200.319. a. Competition and Conflicts of Interest Among the requirements of 2 C.F.R. § 200.319(a) applicable to all non-federal entities other than states, in order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. FEMA considers these actions to be an organizational conflict of interest and interprets this restriction as applying to contractors that help a non-federal entity develop its grant application, project plans, or project budget. This prohibition also applies to the use of former employees to manage the grant or carry out a contract when those former employees worked on such activities while they were employees of the non-federal entity. Under this prohibition, unless the non-federal entity solicits for and awards a contract covering both development and execution of specifications (or similar elements as DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 30 of 36 FY 2020 FMA NOFO described above), and this contract was procured in compliance with 2 C.F.R. §§ 200.317 – 200.326, federal funds cannot be used to pay a contractor to carry out the work if that contractor also worked on the development of those specifications. This rule applies to all contracts funded with federal grant funds, including pre-award costs, such as grant writer fees, as well as post-award costs, such as grant management fees. Additionally, some of the situations considered to be restrictive of competition include, but are not limited to: • Placing unreasonable requirements on firms in order for them to qualify to do business; • Requiring unnecessary experience and excessive bonding; • Noncompetitive pricing practices between firms or between affiliated companies; • Noncompetitive contracts to consultants that are on retainer contracts; • Organizational conflicts of interest; • Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and • Any arbitrary action in the procurement process. Per 2 C.F.R. § 200.319(b), non-federal entities other than states must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed SLTT geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. Under 2 C.F.R. § 200.318(c)(1), non-federal entities other than states are required to maintain written standards of conduct covering conflicts of interest and governing the actions of their employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such conflicts of interest would arise when the employee, officer or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-federal entities may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 31 of 36 FY 2020 FMA NOFO value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-federal entity. If the recipient or subrecipient (other than states) has a parent, affiliate, or subsidiary organization that is not a state, local government, territory, or Indian tribe, the non-federal entity must also maintain written standards of conduct covering organizational conflicts of interest. In this context, organizational conflict of interest means that because of a relationship with a parent company, affiliate, or subsidiary organization, the non-federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. The non-federal entity must disclose in writing any potential conflicts of interest to FEMA or the pass- through entity in accordance with applicable FEMA policy. b. Supply Schedules and Purchasing Programs Generally, a non-federal entity may seek to procure goods or services from a federal supply schedule, state supply schedule, or group purchasing agreement. i. General Services Administration Schedules States, tribes, and local governments, and any instrumentality thereof (such as local education agencies or institutions of higher education) may procure goods and services from a General Services Administration (GSA) schedule. GSA offers multiple efficient and effective procurement programs for state, tribal, and local governments, and instrumentalities thereof, to purchase products and services directly from pre-vetted contractors. The GSA Schedules (also referred to as the Multiple Award Schedules and the Federal Supply Schedules) are long-term government-wide contracts with commercial firms that provide access to millions of commercial products and services at volume discount pricing. Information about GSA programs for states, tribes, and local governments, and instrumentalities thereof, can be found at https://www.gsa.gov/resources- for/programs-for-State-and-local-governments and https://www.gsa.gov/buying- selling/purchasing-programs/gsa-schedules/schedule-buyers/state-and-local- governments. For tribes, local governments, and their instrumentalities that purchase off of a GSA schedule, this will satisfy the federal requirements for full and open competition provided that the recipient follows the GSA ordering procedures; however, tribes, local governments, and their instrumentalities will still need to follow the other rules under 2 C.F.R. §§ 200.317 – 200.326, such as contract cost and price (§ 200.323) and solicitation of minority, women-owned, or small businesses (§ 200.321). ii. Other Supply Schedules and Programs For non-federal entities other than states, such as tribes, that want to procure goods or services from a state supply schedule, cooperative purchasing program, or other similar program, in order for such procurements to be permissible under federal requirements, the following must be true: DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 32 of 36 FY 2020 FMA NOFO • The procurement of the original contract or purchasing schedule and its use by the non-federal entity complies with state and local law, regulations, and written procurement procedures; • The state or other entity that originally procured the original contract or purchasing schedule entered into the contract or schedule with the express purpose of making it available to the non-federal entity and other similar types of entities; • The contract or purchasing schedule specifically allows for such use, and the work to be performed for the non-federal entity falls within the scope of work under the contract as to type, amount, and geography; • The procurement of the original contract or purchasing schedule complied with all of the procurement standards applicable to a non-federal entity other than states under at 2 C.F.R. §§ 200.317 – 200.326; and • With respect to the use of a purchasing schedule, the non-federal entity must follow ordering procedures that adhere to applicable state, tribal, and local laws and regulations and the minimum requirements of full and open competition under 2 C.F.R. Part 200. If a non-federal entity other than a state seeks to use a state supply schedule, cooperative purchasing program, or other similar type of arrangement, FEMA recommends the Recipient discuss the procurement plans with the applicable Program Analyst or Grants Management Specialist. c. Procurement Documentation Per 2 C.F.R. § 200.318(i), non-federal entities other than states and territories are required to maintain and retain records sufficient to detail the history of procurement covering at least the rationale for the procurement method, contract type, contractor selection or rejection, and the basis for the contract price. States and territories are encouraged to keep maintain this information as well and are reminded that in order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g). Examples of the types of documents that would cover this information include but are not limited to: • Solicitation documentation, such as requests for quotes, invitations for bids, or requests for proposals; • Responses to solicitations, such as quotes, bids, or proposals; • Pre-solicitation independent cost estimates and post-solicitation cost/price analyses on file for review by federal personnel, if applicable; • Contract documents and amendments, including required contract provisions; and • Other documents required by federal regulations applicable at the time a grant is awarded to a recipient. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 33 of 36 FY 2020 FMA NOFO 2. Period of Performance Extensions Extensions to the period of performance under this program are allowed (per Part VI, D.4.1, Extensions, of the HMA Guidance, available on the FEMA website at https://www.fema.gov/media-library/assets/documents/103279). Recipients must submit proposed extension requests to FEMA for review and approval at least 60 days prior to the expiration of the grant period of performance. Extensions to the initial period of performance identified in the Award will be considered only through formal, written requests to the Recipient’s respective Region and must contain specific and compelling justification as to why an extension is required. Recipients are advised to coordinate with the Region as needed when preparing an extension. All extension requests must address the following: 1. Grant Program, Fiscal Year, and Award number; 2. Verification that progress has been made as described in quarterly reports; 3. Reason for delay – this must include details of the legal, policy, or operational challenges being experienced that prevent the final outlay of Awarded funds by the applicable deadline; 4. Current status of the activity/activities; 5. Approved period of performance termination date and new project completion date; 6. Amount of funds drawn down to date; 7. Remaining available funds, both federal and non-federal; 8. Budget outlining how remaining federal and non-federal funds will be expended; 9. Plan for completion including milestones and timeframes for achieving each milestone and the position/person responsible for implementing the plan for completion; and 10. Certification that the activity/activities will be completed within the extended period of performance without any modification to the original Statement of Work approved by FEMA. FEMA will evaluate requests for extensions to a grant period of performance. Based on sufficiency of justification, the FEMA Regional Administrator can issue up to two extensions of the period of performance for up to 12 months each. 3. Payment FMA payment/drawdown requests are generated using FEMA GO and are governed by applicable federal regulations, including 2 C.F.R. § 200.305. Recipients should not expend funds or request drawdowns until all special conditions listed on the grant Award document are met and FEMA has approved the request for payment in FEMA GO. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 34 of 36 FY 2020 FMA NOFO Recipients should draw down funds based upon immediate disbursement requirements; however, FEMA strongly encourages Recipients to draw down funds as close to disbursement or expenditure as possible to avoid accruing interest. FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to Recipients. To enroll in the DD/EFT, the Recipient must complete a SF-1199A, Direct Deposit Form. 4. Conflicts of Interest in the Administration of Federal Awards or Subawards To eliminate and reduce the impact of conflicts of interest in the subaward process, Recipients must follow their own policies and procedures regarding the elimination or reduction of conflicts of interest when making subawards. Recipients are also required to follow any applicable state, local, or tribal statutes or regulations governing conflicts of interest in the making of subawards. The Recipient must disclose to FEMA, in writing, any real or potential conflict of interest as defined by the federal, state, local, or tribal statutes or regulations or their own existing policies that may arise during the administration of the federal Award. Recipients must disclose any real or potential conflicts to the FEMA Program Analyst within 15 days of learning of the conflict of interest, per Part III, D.2, Conflict of Interest, of the HMA Guidance, available on the FEMA website at https://www.fema.gov/media-library/assets/documents/103279. Similarly, subrecipients must disclose any real or potential conflict of interest to the Recipient as required by the Recipient’s conflict of interest policies, or any applicable state, local, or tribal statutes or regulations. Conflicts of interest may arise during the process of FEMA making a federal Award in situations where a FEMA employee, officer, or agent, any members of his or her immediate family, or his or her partner has a close personal relationship, a business relationship, or a professional relationship, with an Applicant, subapplicant, Recipient, subrecipient, or FEMA employee. 5. Encouraged Use of Certain Products Produced in the United States Pursuant to Executive Order 13858, “Strengthening Buy-American Preferences for Infrastructure Projects,” FEMA encourages Recipients to use, to the greatest extent practicable and consistent with the law, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States, in projects funded by an Award under this programs affecting surface transportation, including roadways, bridges, railroads, and transit; aviation; ports, including navigational channels; water resources projects; energy production, generation, and storage, including from fossil-fuels, renewable, nuclear, and hydroelectric sources; electricity transmission; gas, oil, and propane storage and transmission; electric, oil, natural gas, and propane distribution systems; broadband internet; pipelines; stormwater and sewer infrastructure; drinking water infrastructure; and cybersecurity. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 35 of 36 FY 2020 FMA NOFO Notwithstanding this encouragement, non-Federal entities must ensure that all costs, procurements and contract actions are consistent with the law, this NOFO, program regulations and guidance, and the costs and federal procurement standards at 2 C.F.R. Part 200. 6. Record Retention a. Record Retention Period Financial records, supporting documents, statistical records, and all other non-federal entity records pertinent to a federal award generally must be maintained for at least three years from the date the final FFR is submitted. See 2 C.F.R. § 200.333. Further, if the recipient does not submit a final FFR and the award is administratively closed, FEMA uses the date of administrative closeout as the start of the general record retention period. The record retention period may be longer than three years or have a different start date in certain cases. These include: • Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition of the property. See 2 C.F.R. § 200.333(c). • If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. See 2 C.F.R. § 200.333(a). • The record retention period will be extended if the recipient is notified in writing of the extension by DHS/FEMA, the cognizant or oversight agency for audit, or the cognizant agency for indirect costs. See 2 C.F.R. § 200.333(b). • Where DHS/FEMA requires recipients to report program income after the period of performance ends, the program income record retention period begins at the end of the recipient’s fiscal year in which program income is earned. See 2 C.F.R. § 200.333(e). • For indirect cost rate proposals, cost allocation plans, or other rate computations records, the start of the record retention period depends on whether the indirect cost rate documents were submitted for negotiation. If the indirect cost rate documents were submitted for negotiation, the record retention period begins from the date those documents were submitted for negotiation. If indirect cost rate documents were not submitted for negotiation, the record retention period begins at the end of the recipient’s fiscal year or other accounting period covered by that indirect cost rate. See 2 C.F.R. § 200.333(f). b. Types of Records to Retain FEMA requires that non-federal entities maintain the following documentation for federally funded purchases: • Specifications • Solicitations DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Page 36 of 36 FY 2020 FMA NOFO • Competitive quotes or proposals • Basis for selection decisions • Purchase orders • Contracts • Invoices • Cancelled checks Non-federal entities should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of any relevant documentation and records, including purchasing documentation along with copies of cancelled checks for verification. See, e.g., 2 C.F.R. §§ 200.318(i), 200.333, 200.336. In order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g). Non-federal entities who fail to fully document all purchases may find their expenditures questioned and subsequently disallowed. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Subapplicant information Name of federal agency FEMA Type of submission Application PEARLAND, CITY OF 3519 LIBERTY DR STE 201 PEARLAND, TX 77581 United States Subapplicant type Local Government Is the subapplicant subject to review by Executive Order 12372 Process? No - Not covered Is the subapplicant delinquent on any federal debt?No State DUNS #EIN # TX 020796397 746028909 Contact information Subrecipient Authorized Representative (SAR) Point(s) of contact Joel Hardy jhardy@pearlandtx.gov Primary phone 2816521795 Work Mailing address Robert Upton rupton@pearlandtx.gov Primary phone Mailing address DR Rasika Perera Assistant City Engineer Primary phone 2819974268 Work Additional phones 2817405268 Mobile Mailing address 3519 Liberty Dr Pearland TX 77581 Fax DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A rperera@pearlandtx.gov MR Rajendra Shrestha Assistant Director of Engineer rshrestha@pearlandtx.gov Primary phone 2816521649 Work Additional phones 2816357081 Mobile Mailing address 3519 Liberty Dr Pearland TX 77581 Fax Community Please provide the following information. If the Congressional district number for your community does not display correctly, please contact your State NFIP coordinator. Add Communities Please find the community(ies) that will benefit from this mitigation activity by clicking on the Find communities button. If needed, modify the Congressional District number for each community by entering the updated number under the U.S. Congressional District column for that community. When finished, click the Continue button. NOTE: You should also notify your State NFIP coordinator so that the updated U.S. Congressional District number can be updated in the Community Information System (CIS) database. Please provide any additional comments below (optional). Attachments Community name County code CID number CRS community CRS rating U.S. Congressional District PEARLAND, CITY OF 039,157,201 480077 Y 6 22 Filename Date uploaded Uploaded by Label Description Action Signed documents-Pearland FMA 2020.pdf 12/09/2020 rperera@pearlandtx.gov Community Attachments Refer to updated documents attached Clay Pearson Authorization to Submit - Joel Hardy.pdf 12/11/2020 jhardy@pearlandtx.gov Community Attachments Not required as Robert is submitting the application. Pearland _ System for Award Management-FMA 2020.pdf 12/09/2020 rperera@pearlandtx.gov Community Attachments No description given. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Filename Date uploaded Uploaded by Label Description Action R2020-190 2020-09-28.pdf 12/04/2020 rperera@pearlandtx.gov Community Attachments Resolution R2020-190 2020-09-28 Resolution of the City council authorizing the Mayor, and/or the City Manager or his designee as having signature authority for executing applications for federal, state, and/ or interlocal public assistance, disaster recovery, and/ or hazard mitigation assistance in the form of grants. SF-424D Signed-Pearland FMA 2020.pdf 01/13/2021 rperera@pearlandtx.gov Community Attachments SF-424D signed SF-LLL Signed-Pearland FMA 2020.pdf 01/13/2021 rperera@pearlandtx.gov Community Attachments SF-LLL signed Signature Authority from Clay to Robert.pdf 12/09/2020 rperera@pearlandtx.gov Community Attachments Signature authority from City Manager to Director of Engineering. Form 20-16- Signed-Pearland FMA 2020.pdf 01/13/2021 rperera@pearlandtx.gov Community Attachments Form 20-16 read and signed SF-424 Signed -Pearland FMA 2020.pdf 01/14/2021 rperera@pearlandtx.gov Community Attachments SF-424 Signed SF424C_2_0-V2.0-Pearland FMA 2020 Application-rev.pdf 01/14/2021 rperera@pearlandtx.gov Community Attachments SF-424C updated Mitigation plan Please provide your plan information below. Is the entity that will benefit from the proposed activity covered Yes DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A by the current FEMA approved multi-hazard mitigation plan in compliance with 44 CFR Part 201? Please provide any additional comments below (optional).City of Pearland - Hazard Mitigation Plan 2019 was adopted by the City Council in February 25, 2019 and submitted to FEMA. In addition, the City updated its 2019 approved HMP to include Elevation Program in August 2019 and submitted to TDEM and FEMA. Expiration date-March 17, 2024. The HMP 2019 attached below reflects the latest update. The City’s HMP 2019 mentions SRL and RL properties and recommends appropriate mitigation projects to reduce the flood risk. Two of the homes included in the FMA 2020 elevation application are considered to be SRL per FEMA definition. Attachments Please provide plan detail Plan name City of Pearland - Hazard Mitigation Plan 2019 Plan type Local Multi-Hazard Mitigation Plan Plan approval date 02/25/2019 Proposed activity description Mitigation - Elevation of Repetitive Loss Flood-Damaged Residential Properties (2) Filename Date uploaded Uploaded by Label Description Action City of Pearland 2019 HMP Approval Letter.pdf 01/11/2021 rperera@pearlandtx.gov Mitigation Plan Attachments Expiration date-March 17, 2024. HazardMitigationPlanUpdate2019 Aug.pdf 12/03/2020 rperera@pearlandtx.gov Mitigation Plan Attachments City of Pearland, Texas Hazard Mitigation Plan 2019 Update of the Approved 2012 HMP Adopted by the City - Expiration date-March 17, 2024.Council February 25, 2019 DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Filename Date uploaded Uploaded by Label Description Action HMP update cover letter signed.pdf 01/11/2021 rperera@pearlandtx.gov Mitigation Plan Attachments HMP update cover letter to Texas Division of Emergency Management- dated 08/14/2019 Scope of work The project Scope of Work (SOW) identifies the eligible activity, describes what will be accomplished and explains how the mitigation activity will be implemented. The mitigation activity must be described in sufficient detail to verify the cost estimate. All activities for which funding is requested must be identified in the SOW prior to the close of the application period. FEMA has different requirements for project, planning and management cost SOWs. Subapplication title (include type of activity and location)FY2020 Flood Mitigation Assistance-City of Pearland Activities Primary activity type Elevation Secondary activity type (Optional) Geographic areas description The Project associated with the City's scope of work is to elevate residential private structures are all located within the boundaries of the City of Pearland. The addresses for each property are provided below, geographic location/ID information is provided in the Properties section of this application, and a map is attached that provides project location in proximity to floodplains, community boundaries, waterways, and the general topography of the area. The addresses are as follows: 6022 Josephine St., Pearland, TX 77854 and 5604 Colmesneil St., Pearland, TX 77584. FIRMS for each property can be found with the property information package in the properties section. Community lifelines Primary community lifeline Safety and security Primary sub-community lifeline Community safety Secondary community lifeline (optional) Hazard sources DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Primary hazard source Flooding Secondary hazard source (optional)Severe storm Tertiary hazard source (optional) Is this a phased project?No Are you doing construction in this project?Yes Population affected 1 Detail/description of stated percentage While there are approximately 625 homes and businesses within the Corrigan and Ruch communities, 42 affected by the severe repetitive losses, repetitive losses and/or Harvey- affected losses. Of those 2 property owners have met all of the FEMA requirements to be included in an application. Provide a clear and detailed description of your proposed activity The proposed project is for the elevation of two flood prone properties considered SRL properties and located in the City of Pearland. Elevations will be conducted to raise structures 1.5-3' above the proposed Base Flood Elevation (BFE). Projects will be designed in compliance with NFIP standards in 44 CFR Part 60. One of the proposed home elevation projects are located outside of the FEMA mapped 100-year floodplain but consistently get flooded as shown in flood insurance claims including storm BETA in 2020. The other property is in 100-year floodplain with the structure finished flood elevation below the 100-year floodplain and does not meet the FEMA guidelines. The flooding of the properties is localized in nature and drainage improvement project requires the drainage improvement for about a mile of drainage system which will not be financially viable. The City’s ordinance requires the finish floor elevation to be minimum 12” above the 100-year water surface elevation or 12” above adjacent street if the project is located outside of 100-year floodplain. It is possible to elevate the structure that meets elevation requirement based on 100-year elevation yet not meet elevation requirement with respect to street. So, 1.5’ to 3.0’ above 100-year floodplain elevation is used so that the proposed finished floor elevation of the home is on conservative side as well as be consistent with what was used and approved by FEMA in previous application. How will the mitigation activity be implemented?The applicant intends to utilize the flood mitigation resources requested herein to facilitate a subgrant delivery model for disbursing the necessary construction activities to elevate two homes. The program will be administered by the City, where all procurement, regulatory compliance, construction monitoring, permitting and inspections, financial management, and code enforcement will reside. Subawardees will not receive actual grant funds but will be allowed to apply for participation in the program, resulting in the ability to select from a pre-approved, competitively solicited group of qualified specialists in home elevation, to complete the scope of work necessary to raise slab-on-grade properties to a reasonable level above the base flood elevation. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Describe how the project is technically feasible and will be effective in reducing the risk by reducing or eliminating damage to property and/or loss of life in the project area. Please include engineering design parameters and references to the following: preliminary schematic or engineering drawings/design; applicable building codes; engineering practices and/or best practices; level of protection (e.g., life safety, 100-yr flood protection with freeboard, 100-yr wind design, etc.): One way to combat flood losses is by elevating a home higher than where flood waters are estimated to reach in a major flood. The applicant has included the costs of engineering design parameters and other architectural work in the proposed scope of work and budget. Who will manage and complete the mitigation activity?The applicant, City of Pearland, will complete the mitigation activity with the use of qualified, competitively-solicited contractors. Will the project address the hazards identified and what risks will remain from all hazards after project implementation (residual risk)? The projects will address the hazards of floods by elevating homes 1.5’-3' above the BFE. This will result in reduced flood losses to structures and contents. Flood risks will remain, however elevating homes above the proposed BFE will greatly reduce this risk However, while the intrusion of flood water into these structures will be reduced or eliminated, these projects are not designed to prevent flooding of other portions of the properties subject to this application. Their driveways, yards, parking lots or other non-livable areas will not be mitigated. Therefore, an event such as a major disaster may still result in the need for emergency protective measures to be provided to these property owners, including but not limited to rescues, sheltering or other emergency services. When will the mitigation activity take place?Implementation of the mitigation activity will begin immediately after notification of the award. Explain why this project is the best alternative. What alternatives were considered to address the risk and why was the proposed activity considered the best alternative? This project is the best alternative because the properties are relatively disconnected in terms of their proximity to one another. Elevating these homes is better than conducting a buyout-acquisition, as the alternative would produce a "checkerboard" style of mitigation, and would leave the respective neighborhoods without the aesthetic characteristics they once had, and would not necessarily improve drainage in an impactful way. The property owners impacted by severe or repetitive loss, as well as those recently impacted by Hurricane Harvey, are not interested in moving and losing their homesteads. Their commitment to the community, their residential property, and their livelihood in the City are compelling towards their choice to remain in their current homes. The other alternative of doing nothing will not address any of the issues these homes face when it floods. Please identify the entity that will perform any long-term maintenance and provide a maintenance, schedule and cost information. The subapplicant or owner of the area to be mitigated is responsible for maintenance (including costs of long-term care) after the project is completed? Homeowners will assume the role of long-term maintenance on the properties. The city will ensure that new construction or renovations to the structure meet the proper requirements of the flood plain ordinance and NFIP standards. The City operates and administers a number of housing and community development activities, primarily via its Entitlement Jurisdiction status as a recipient of Community Development Block Grant funds from the U.S. Department of Housing & Urban Development (HUD). Similar to how the City provides long-term maintenance of investments made in low- moderate income homes subject to local housing rehabilitation program activities, Pearland will administer a DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A program that includes monitoring of depreciable value of improvements, maintenance requirements for subapplicants/subgrantees, and compliance with federal retention and reversion of asset rules. Currently, the City places depreciating liens on homes that have been repaired/improved with federal funding, and has successfully recaptured those made in homes that were subsequently sold or reverted. The application process will partially be used to track these investments, and the City's enterprise management system has a fixed asset management component that keeps track of these items, even though they are now wholly owned or operated by the City. Staff will utilize this same system to periodically monitor homeowner compliance with the program asset-inventory requirements, and the documentation of annual inspections will be maintained in our files. Additional comments (optional) Attachments Filename Date uploaded Uploaded by Label Description Action Geo_EnabledProperties.pdf 12/07/2020 rperera@pearlandtx.gov Scope of Work Attachments No description given. Geo_Enabled_100yrEffectiveDec2020.pdf 12/07/2020 rperera@pearlandtx.gov Scope of Work Attachments No description given. FEMA FIRM Location- 5604 Colmesneil St..pdf 01/13/2021 rperera@pearlandtx.gov Scope of Work Attachments Location of the property -5604 Colmesneil St. on FEMA Effective FIRM (2020) and 1999 maps. Geo_Enabled_100yrEffective.pdf 12/07/2020 rperera@pearlandtx.gov Scope of Work Attachments No description given. Geo_Enabled_500yrEffectiveDec2020.pdf 12/07/2020 rperera@pearlandtx.gov Scope of Work Attachments No description given. Letter to SHPO-2020.pdf 12/09/2020 rperera@pearlandtx.gov Scope of Work Attachments No description given. Project Implementation Plan-FMA 2020 City of Pearland.docx 01/14/2021 rperera@pearlandtx.gov Scope of Work Attachments Project implementation Plan DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Filename Date uploaded Uploaded by Label Description Action GeoEnabled.zip 12/07/2020 rperera@pearlandtx.gov Scope of Work Attachments This file includes Geo- enabled Project Areas, Project Properties and Residential Addresses FY2020 FMA Pearland Properties - Elevation application.xlsx 12/10/2020 rperera@pearlandtx.gov Scope of Work Attachments This include property inventory list and all the calculations, budget, etc. for BCA FEMA FIRM Location- 6022 Josephine.pdf 01/13/2021 rperera@pearlandtx.gov Scope of Work Attachments Location of the property -6022 Josephine St. on FEMA Effective FIRM (2020) and 1999 maps. FY2020 FMA Pearland Properties - Elevation application-rev.xlsx 01/14/2021 rperera@pearlandtx.gov Scope of Work Attachments This include property inventory list and all the calculations, budget, etc. (Revised) Schedule Specify the work schedule for the mitigation activities. Add tasks to the schedule Please include all tasks necessary to implement this mitigation activity; include descriptions and estimated time frames. Task Name Procurement for Program/Construction Management Start Month 1 Task Duration (in Months) 3 months Task Description Procurement for Program/Construction Management. (Work performed by City staff) Task Name Pre-bid with homeowner and Prospective Elevation Start Month 3 Task Duration (in Months) 4 months DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Contractors Task Description Homeowner and Prospective Elevation Contractor Meeting to discuss process with City. (Work performed by- City staff and PM) Task Name Bidding and Contractor Selection Start Month 5 Task Duration (in Months) 1 months Task Description Elevation contractors selected and bidding process to homeowner begins (Work performed by-Homeowner, PM, City, Elevation Contractors) Task Name Permitting Start Month 6 Task Duration (in Months) 3 months Task Description Architectural review, permits pulled and utilities turned off . (work performed by- Elevation Contractor) Task Name Elevation Construction Start Month 11 Task Duration (in Months) 12 months Task Description Elevation construction (Work performed by- Elevation Contractor) Task Name Close out of grant Start Month 23 Task Duration (in Months) 1 months Task Description Close out of grant. (Work performed by-City staff) Task Name Environmental Review and Clearance Start Month 1 Task Duration (in Months) 3 months Task Description Environmental Review and Clearance Task Name Pre-Award Preliminary Environmental Review Start Month 1 Task Duration (in Months) 2 months Task Description Preliminary review of environmental conditions in preparation for a full assessment of any need to conduct environmental review and clearance for the DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Estimate the total duration of your proposed activities (in months).24 Proposed project start and end dates Start Date 2022-07-01 projects. The timeline information is pre-award, so does not count towards the overall FMA-funded project timeline. Task Name Award Acceptance by Governing Body Start Month 1 Task Duration (in Months) 1 months Task Description Council action to accept award. Task Name Construction Monitoring Start Month 11 Task Duration (in Months) 12 months Task Description Staff and/or consultant monitoring of construction progress and compliance with federal, State and local rules/regulations, as well as timeliness and financial management of the project. Task Name General Inspections Start Month 12 Task Duration (in Months) 11 months Task Description Periodic building, health and safety inspections conducted by City staff from Planning-Community Development and Fire - Health Inspections divisions, for compliance with local codes. Also includes any applicable labor compliance (Davis-Bacon Act, Contract Work Hrs Safety Standards Act, etc...) conducted by project staff and/or consultants. Task Name Final Inspections Start Month 23 Task Duration (in Months) 1 months Task Description Final building code, health and safety, and labor compliance inspections for the project. Task Name Construction – Substantial Completion Start Month 23 Task Duration (in Months) 1 months Task Description Inspections for substantial completion of the elevation project (Performed by City staff and PM). DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A End Date 2024-06-30 Budget Budget cost estimate should directly link to your scope of work and work schedule. You must add at least one item(s) greater than 0 for your cost estimate. As necessary, please adjust your federal/non-federal cost shares, and add the non-federal funding source(s) you are planning to use this project. Once you have completed this section, please click the Continue button at the bottom of this page to navigate to the next section. Add budget cost types and item(s) First, click the Add cost type button below to add cost type cost estimate and then click the Add item(s) button to add the item(s) for the cost estimate. Grand total: $499,760.00 Budget type: Construction Cost type: Cost estimate $499,760.00 Program income (optional) Cost share Cost share or matching means the portion of project costs not paid by federal funds. Proposed federal vs. non-federal funding shares Hazard Mitigation Assistance (HMA) funds may be used to pay up to 75% federal share of the eligible activity costs. For Building Resilient Infrastructure and communities (BRIC), small impoverished communities may be eligible for up to 90% federal share. For Flood Mitigation Assistance (FMA), and severe repetitive loss (SRL) properties may be eligible for up to 100% federal share. Repetitive loss (RL) properties may be eligible for up to 90% federal share. Flood Mitigation Assistance (FMA) and severe repetitive loss (SRL) properties may be eligible for up to 100% federal share. Repetitive loss (RL) properties may be eligible for up to 90% federal share.  Is this a small impoverished community? This determines your federal/non- federal share ratio. No  % Percentage $ Dollar amount Proposed federal share 100.00 499760.00 Proposed non- federal share 0.00 0.00 Based on total budget cost: $499,760.00 Please provide justification for exceeding the allowable federal share here. The two properties are SRL, therefore FEMA guidance suggests there is 100% federal share and 0% local share. If there are any local costs, it will be borne by the homeowner. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Please provide any additional comments below (optional). Attachments Non-federal funding sources here That portion of the total costs of the program provided by the non-federal entity in the form of in-kind donations or cash match received from third parties or contributed by the agency. In-kind contributions must be provided and cash expended during the project period along with federal funds to satisfy the matching requirements. Funding source Funding amount % Non-federal share by source Filename Date uploaded Uploaded by Label Description Action Breakdown of Subapplicant fee- Pearland FMA 2020.xlsx 12/08/2020 rperera@pearlandtx.gov Budget Attachments Refer to updated program Mgt Fee Breakdown- FMA 2020 -City of Pearland excel R2020-190 2020-09-28.pdf 12/09/2020 rperera@pearlandtx.gov Budget Attachments Resolution of the City council authorizing the Mayor, and/or the City Manager or his designee as having signature authority for executing applications for federal, state, and/ or interlocal public assistance, disaster recovery, and/ or hazard mitigation assistance in the form of grants. Fund Commitment-FMA 2020 pearland - Signed by Robert.pdf 01/14/2021 rperera@pearlandtx.gov Budget Attachments Fund Commitment Letter-Signed by Robert DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Filename Date uploaded Uploaded by Label Description Action SF424C_2_0-V2.0-Pearland FMA 2020 Application-filled pdf.pdf 12/09/2020 rperera@pearlandtx.gov Budget Attachments Updated in the latest attachment Program Mgt Fee breakdown-FMA 2020 -City of Pearland.xlsx 01/14/2021 rperera@pearlandtx.gov Budget Attachments Breakdown for program management fee Signature Authority from Clay to Robert.pdf 12/09/2020 rperera@pearlandtx.gov Budget Attachments Signature authority from City Manager to Director of Engineering. FY2020 FMA Pearland Properties - Elevation application.xlsx 12/10/2020 rperera@pearlandtx.gov Budget Attachments Refer to updated excel file. This file include budget with task breakdown, property inventory list Funds Commitment-2020.pdf 12/08/2020 rperera@pearlandtx.gov Budget Attachments Signature updated in revised doc. Rationale for Cost Estimate.docx 12/08/2020 rperera@pearlandtx.gov Budget Attachments Refer to updated in Budget Narrative Budget Narrative- FMA 2020-City of Pearland.docx 01/13/2021 rperera@pearlandtx.gov Budget Attachments Budget Narrative SF424C_2_0-V2.0-Pearland FMA 2020 Application-rev.pdf 01/14/2021 rperera@pearlandtx.gov Budget Attachments SF 424C updated FY2020 FMA Pearland Properties - Elevation application-rev.xlsx 01/14/2021 rperera@pearlandtx.gov Budget Attachments This include property inventory list and all the calculations, budget, etc. Cost-effectiveness How was cost-effectiveness determined for this project? Subapplicant must attach supporting documentation. BCA completed in FEMA's BCA toolkit Pre-calculated benefits Substantial damage in special flood hazard area DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A What are the total project benefits? ($)515198 What are the total project cost? ($)476810.00 What is the benefit-cost ratio (BCR) for the entire project?1.08 Was sea level rise incorporated into the flood elevations in the BCA? No Were environmental benefits added to the project benefits?No Were social benefits added to the project benefits?Yes Does the mitigation measure incorporate nature-based solutions?No Please provide any additional comments below (optional). Attachments Other BCA methodology approved by FEMA in writing Not applicable Not applicable Filename Date uploaded Uploaded by Label Description Action fema_bca_toolkit-6.0.xlsx 12/08/2020 rperera@pearlandtx.gov Cost Effectiveness Attachments FEMA BCA template BCA Summary Report -Pearland- FMA_2020.xlsx 12/08/2020 rperera@pearlandtx.gov Cost Effectiveness Attachments Updated in revised file BCA Technical MEMO -Pearland FMA 2020.docx 01/14/2021 rperera@pearlandtx.gov Cost Effectiveness Attachments BCA Technical memo BCA Report-6022 Josephine-Pearland FMA2020.pdf 12/11/2020 rperera@pearlandtx.gov Cost Effectiveness Attachments FEMA BCA report for 6022 Josephine- Updated in revised file BCA report-Pearland FMA 2020.pdf 01/13/2021 rperera@pearlandtx.gov Cost Effectiveness Attachments Updated BCA report for the project Shortening Analysis Period Justification- Pearland FMA 2020.pdf 12/10/2020 rperera@pearlandtx.gov Cost Effectiveness Attachments Document for justification of the analysis period. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Filename Date uploaded Uploaded by Label Description Action 6022 Josephine St- Proof of loss-BETA (2020).pdf 12/08/2020 rperera@pearlandtx.gov Cost Effectiveness Attachments Storm BETA 2020-losses for 6022 Josephine St. which has not been considered for BCR calculation (Claimed amount $51,990.29). BCA Report-5604 Colmesneil-Pearland FMA2020.pdf 12/11/2020 rperera@pearlandtx.gov Cost Effectiveness Attachments Updated in new version-FEMA BCA report for 5604 Colmesneil- BCA Report-Pearland FMA 2020 Project.pdf 12/08/2020 rperera@pearlandtx.gov Cost Effectiveness Attachments Updated in revised file.- FEMA BCA report for the project-Updated in revised file. fema_bca_toolkit_release-notes-july- 2020.pdf 12/08/2020 rperera@pearlandtx.gov Cost Effectiveness Attachments No description given. BCA_Pearland-FMA_2020.xlsx 12/08/2020 rperera@pearlandtx.gov Cost Effectiveness Attachments Updated in revised file.-File with BCA calculations using FEMA BCA tool- BCA report-6022 Josephine St. - Pearland FMA 2020.pdf 01/13/2021 rperera@pearlandtx.gov Cost Effectiveness Attachments Updated BCA report for 6022 Josephine St. BCA_Pearland-FMA_2020.xlsx 01/13/2021 rperera@pearlandtx.gov Cost Effectiveness Attachments Updated BCA calculation excel (executable) BCA report-5604 Colmesneil St. - Pearland FMA 2020.pdf 01/13/2021 rperera@pearlandtx.gov Cost Effectiveness Attachments Updated BCA report for the 5604 Colmesneil St. BCA Summary Report -Pearland- FMA_2020-rev.xlsx 01/14/2021 rperera@pearlandtx.gov Cost Effectiveness Attachments Updated BCA summary report- Excel FY2020 FMA Pearland Properties - Elevation application-rev.xlsx 01/14/2021 rperera@pearlandtx.gov Cost Effectiveness Attachments Updated Includes the project inventory list, loss data, budget break down DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Environmental/Historic Preservation (EHP) Review Information Introduction An environmental/historic preservation review is required for all activities for which FEMA funds are being requested. FEMA will complete this review with the assistance of both the state or tribal government and the local applicant. It is important that you provide accurate information. If you are having problems completing this section, please contact your application point of contact. A. National Historic Preservation Act - Historic Buildings and Structures 1. Does your project affect or is it in close proximity to any buildings or structures 50 years or more in age? Yes Please confirm that you have provided the information listed below by selecting each check box. (If you have not provided these documents in any other section of the application, please attach the required documents below.) To help FEMA evaluate the impact of the project, please indicate below any other information you are providing. (optional) Please provide an explanation and any information about this project that could assist FEMA in its review. (optional) The residential properties being elevated/mitigated with the proposed funds are, in some cases, older than 50 years. However, these are not historic structures. Please provide an explanation and any information about this project that could assist FEMA in its review. Attachments The property address and original date of construction for each property affected (unless this information is already noted in the Properties section).  A minimum of two color photographs showing at least three sides of each structure (Please label the photos accordingly). A diagram or USGS 1:24,000 scale quadrangle map displaying the relationship of the property (s) to the project area. Information gathered about potential historic properties in the project area, including any evidence indicating the age of the building or structure and presence of buildings or structures that are listed or eligible for listing on the National Register of Historic Places or within or near a National Register listed or eligible historic district. Sources for this information may include the State Historic Preservation Officer, and/or the Tribal Historic Preservation Officer (SHPO/THPO), your local planning office, historic preservation organization, or historical society.  Consideration of how the project design will minimize adverse effects on known or potential historic buildings or structures, and any alternatives considered or implemented to avoid or minimize effects on historic buildings or structures. Please address and note associated costs in your project budget.  For acquisition/demolition projects affecting historic buildings or structures, any data regarding the consideration and feasibility of elevation, relocation, or flood proofing as alternatives to demolition.  Attached materials or additional comments. Filename Date uploaded Uploaded by Label Description Action SHPO response 5604 Colesmeneil.pdf 01/20/2021 niamh.gray@twdb.texas.gov closeProximityTo50YearOldBuilding.attachmentIds No description given. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Filename Date uploaded Uploaded by Label Description Action SHPO response 6022 Josephine.pdf 01/20/2021 niamh.gray@twdb.texas.gov closeProximityTo50YearOldBuilding.attachmentIds No description given. Letter to TCEQ- 2020.pdf 12/08/2020 rperera@pearlandtx.gov closeProximityTo50YearOldBuilding.attachmentIds No description given. Letter to SHPO- 2020.pdf 12/08/2020 rperera@pearlandtx.gov closeProximityTo50YearOldBuilding.attachmentIds No description given. Letter to TxDOT- 2020.pdf 12/08/2020 rperera@pearlandtx.gov closeProximityTo50YearOldBuilding.attachmentIds No description given. Letter to USACE Galveston District- 2020.pdf 12/08/2020 rperera@pearlandtx.gov closeProximityTo50YearOldBuilding.attachmentIds No description given. B. National Historic Preservation Act - Archeological Resources Does your project involve disturbance of ground?Yes Please confirm that you have provided the information listed below by selecting each check box. (If you have not provided these documents in any other section of the application, please attach the required documents below.) To help FEMA evaluate the impact of the project, please indicate below any other information you are providing. (optional) Please provide an explanation and any information about this project that could assist FEMA in its review. (optional) The elevation of residential structures will require the ground immediately below and surrounding the footprint of the properties to be disturbed. However each was previously disturbed when constructed. Please provide an explanation and any information about this project that could assist FEMA in its review. Attachments A description of the ground disturbance by giving the dimensions (area, volume, depth, etc.) and location. The past use of the area to be disturbed, noting the extent of previously disturbed ground. A USGS 1:24,000 scale or other site map showing the location and extent of ground disturbance. Any information about potential historic properties, including archeological sites, in the project area. Sources of this information may include SHPO/THPO, and/or the Tribe's cultural resources contact if no THPO is designated. Include, if possible, a map showing the relation of any identified historic properties to the project area.  Attached materials or additional comments. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Filename Date uploaded Uploaded by Label Description ActionFilenameDate uploaded Uploaded by Label Description Action C. Endangered Species Act and Fish and Wildlife Coordination Act 1. Are federally listed threatened or endangered species or their critical habitat present in the area affected by the project? No Please confirm that you have provided the information listed below by selecting each check box. (If you have not provided these documents in any other section of the application, please provide the required documents either through attachment and/or comment box below.) To help FEMA evaluate the impact of the project, please indicate below any other information you are providing. (optional) Please provide an explanation and any information about this project that could assist FEMA in its review. (optional) Please provide an explanation and any information about this project that could assist FEMA in its review. 2. Does your project remove or affect vegetation?No Please confirm that you have provided the information listed below by selecting each check box. (If you have not provided these documents in any other section of the application, please provide the required documents either through attachment and/or comment box below.) To help FEMA evaluate the impact of the project, please indicate below any other information you are providing. (optional) Please provide an explanation and any information about this project that could assist FEMA in its review. (optional) Please provide an explanation and any information about this project that could assist FEMA in its review. 3. Is your project in, near (within 200 feet), or likely to affect any type of waterway or body of water? No If Yes, and project is not within an existing building, you must confirm that you have provided the following: (If you have not provided these documents in any other section of the application, please attach the required documents below.) Information you obtained to identify species in or near the project area. Provide the source and date of the information cited. Any request for information and associated response from the USFWS, the National Marine Fisheries Service (NMFS) (for affected ocean-going fish), or your State Wildlife Agency, regarding potential listed species present and potential of the project to impact those species. Attached materials or additional comments. Description of the amount (area) and type of vegetation to be removed or affected. A site map showing the project area and the extent of vegetation affected. Photographs or digital images that show both the vegetation affected and the vegetation in context of its surroundings. Attached materials or additional comments. A USGS 1:24,000 scale quadrangle map showing the project activities in relation to all nearby water bodies (within 200 feet). Any information about the type of water body nearby including: its dimensions, the proximity of the project activity to the water body, and the expected and possible changes to the water body, if any. Identify all water bodies regardless whether you think there may be an effect. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A To help FEMA evaluate the impact of the project, please indicate below any other information you are providing. (optional) Please provide an explanation and any information about this project that could assist FEMA in its review. (optional) A photograph or digital image of the site showing both the body of water and the project area. Evidence of any discussions with the US Fish and Wildlife Service (USFWS), and/or your State Wildlife Agency concerning any potential impacts if there is the potential for the project to affect any water body. D. Clean Water Act, Rivers and Harbors Act, and Executive Order 11990 (Protection of Wetlands) 1. Will the project involve dredging or disposal of dredged material, excavation, adding fill material or result in any modification to water bodies or wetlands designated as 'waters of the U.S' as identified by the US Army Corps of Engineers or on the National Wetland Inventory? No E. Executive Order 11988 (Floodplain Management) 1. Does a Flood Insurance Rate Map (FIRM), Flood Hazard Boundary Map (FHBM), hydrologic study, or some other source indicate that the project is located in or will affect a 100 year floodplain, a 500 year floodplain if a critical facility, an identified regulatory floodway, or an area prone to flooding? Yes Please explain in the text box below and/or provide any documentation to identify the means or the alternatives considered to eliminate or minimize impacts to floodplains (See the 8 step process found in 44 CFR Part 9.6.) to help FEMA evaluate the impact of the project: EHP guidance dictates that elevations in the floodplain will require Pearland to notify the public under EO 11988. Upon notification of award or intent to award, Pearland will notify by the public by posting it in a public building and on its website. Please provide an explanation and any information about this project that could assist FEMA in its review. (optional) 2. Does the project alter a watercourse, water flow patterns, or a drainage way, regardless of its floodplain designation? No Attachments Filename Date uploaded Uploaded by Label Description Action F. Coastal Zone Management Act 1. Is the project located in the state's designated coastal zone?No DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A G. Farmland Protection Policy Act 1. Will the project convert more than 5 acres of prime or unique farmland outside city limits to a non-agricultural use? No H. Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response Compensation and Liability Act (CERCLA) (Hazardous and Toxic Materials) 1. Is there a reason to suspect there are contaminants from a current or past use on the property associated with the proposed project? No 2. Are there any studies, investigations, or enforcement actions related to the property associated with the proposed project? No 3. Does any project construction or operation activities involve the use of hazardous or toxic materials? No 4. Do you know if any of the current or past land-uses of the property affected by the proposed project or of the adjacent properties are associated with hazardous or toxic materials? No I. Executive Order 12898, Environmental Justice for Low Income and Minority Populations 1. Are there low income or minority populations in the project's area of effect or adjacent to the project area? No J. Other Environmental/Historic Preservation Laws or Issues 1. Are there other environmental/historic preservation requirements associated with this project that you are aware of? No 2. Are there controversial issues associated with this project?No 3. Have you conducted any public meeting or solicited public input or comments on your specific proposed mitigation project? No K. Summary and Cost of Potential Impacts DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Having answered the questions in parts A. through J., have you identified any aspects of your proposed project that have the potential to impact environmental resources or historic properties? No Evaluation Is the applicant participating in the Community Rating System (CRS)? Yes Select rating.6 Is the applicant a Cooperating Technical Partner (CTP)?No Was this created from a previous FEMA HMA Advance assistance / Project scoping award? No Has the applicant adopted building codes consistent with the international codes? Yes Year of building code 2018 Please provide the building code.2018 International Building Code (IBC 2018) Have the applicant's building codes been assessed on the Building Code Effectiveness Grading Schedule (BCEGS)? No Describe involvement of partners to enhance the mitigation activity outcome. N/A Discuss how anticipated future conditions are addressed by this project. The properties described in this application are subject to severe repetitive loss. The importance of the proposed elevation of these properties is specifically to reduce or eliminate the existing risk of flood damage as well as unforeseen future condition extreme rainfall events to these structures that are insured under the National Flood Insurance Program (NFIP). Elevating the proposed structures 1.5’ to 3’ higher than their current first/finished floor elevation will make the homes and the community more resilient to potential flood damage. For the property owner, this may reduce their NFIP premium levels, reduce or eliminate future damage from floods, and have a safe home. At the same time, local government emergency management team will be able to reallocate the crucial time and resources to take care of other emergencies. The project will help reduce or eliminate NFIP losses for those properties. Additional comments (optional)The mitigation activity will directly benefit two homeowners. It will also have an indirect financial and social benefit to several others. The surrounding property owners will retain their neighbors, the community itself will handle the matter of avoiding repetitive flood loss much better, and the taxing authorities will be able to retain these properties as part of its property tax roll. The project BCA value of 1.08 reflects the overall benefit of the proposed project. The mitigation activity will benefit those properties that are considered severe repetitive loss or repetitive loss. By elevating the homes 1.5’-3' above the BFE, NFIP losses will greatly be reduced. This will reduce financial losses to the property DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Introduction owner and NFIP. Elevation of these properties will continue to benefit residents by reducing impacts of flood events and benefit the community from less economic impacts. Also elevated homes will produce less debris after a flood disaster, resulting in recovery cost savings and less impact on landfills. Attachments Filename Date uploaded Uploaded by Label Description Action 0 comment, 10 attachments 1 comment, 3 attachments 0 comment, 11 attachments 0 comment, 12 attachments 0 comment, 16 attachments 1 comment, 0 attachments 0 comment, 6 attachments 0 comment, 4 attachments Comments & attachments Community Mitigation plan Scope of work Budget Cost-effectiveness Evaluation Environmental/Historic Preservation (EHP) Location         Project location Provide a detailed description of the proposed project's location.The Project location associated with the City's scope of work is to elevate residential private structures are all located within the boundaries of the City of Pearland. The addresses for each property are provided below, geographic location/ID information is provided in the Properties section of this application, and a map is attached that provides project location in proximity to floodplains, community boundaries, waterways, and the general topography of the area. The addresses are as follows: 6022 Josephine St., Pearland, TX 77854 and 5604 Colmesneil St., Pearland, TX 77584. FIRMS for each property can be found with the property information package in the properties section. Latitude 29.555077 Longitude -95.308018 DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Attachments Filename Date uploaded Uploaded by Label Description Action Geo_EnabledProperties.pdf 12/08/2020 rperera@pearlandtx.gov Project Location Attachments No description given. 5604 Colmesneil St. Application Packet.pdf 12/09/2020 rperera@pearlandtx.gov Project Location Attachments Revised in the new document 6022 Josephine Application Packet.pdf 12/09/2020 rperera@pearlandtx.gov Project Location Attachments Revised in the new document Brazoria CAD - Property Details-6022 Josephine St.pdf 12/10/2020 rperera@pearlandtx.gov Project Location Attachments CAD documentation- 6022 Josephine St Geo_Enabled_100yrEffectiveDec2020.pdf 12/09/2020 rperera@pearlandtx.gov Project Location Attachments No description given. Geo_Enabled_100yrEffective.pdf 12/09/2020 rperera@pearlandtx.gov Project Location Attachments No description given. Geo_Enabled_500yrEffectiveDec2020.pdf 12/09/2020 rperera@pearlandtx.gov Project Location Attachments No description given. 6022 Josephine Application Packet- Rev.pdf 01/11/2021 rperera@pearlandtx.gov Project Location Attachments Updated- Include signed documents received from residents for 6022 Josephine St. (including Tropical Storm BETA claim, BCAD, and FFE certification by PE). Brazoria CAD - Property Details-5604 Colmesneil.pdf 12/10/2020 rperera@pearlandtx.gov Project Location Attachments CAD documentation- 5604 Colmesneil Geo-Enabled Coordinates - rev.xlsx 01/14/2021 rperera@pearlandtx.gov Project Location Attachments Updated 5604 Colmesneil St. Application Packet- Rev.pdf 01/14/2021 rperera@pearlandtx.gov Project Location Attachments Updated- Include signed documents received from residents for 5604 Colmesneil St. (include BCAD) DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Filename Date uploaded Uploaded by Label Description Action FY2020 FMA Pearland Properties - Elevation application-rev.xlsx 01/14/2021 rperera@pearlandtx.gov Project Location Attachments Updated-This include property inventory list Project benefiting area Provide a detailed description of the proposed project's benefiting area. The Project benefiting area associated with the City's scope of work is Ruch and Corrigan communities located within the boundaries of the City of Pearland, Texas. While there are approximately 625 lots in both communities, 42 homes and businesses within the Corrigan and Ruch communities affected by the severe repetitive losses, repetitive losses and/or Harvey-affected losses. Of those 2 property owners have met all of the FEMA requirements to be included in an application. The addresses are as follows: 6022 Josephine St., Pearland, TX 77854 and 5604 Colmesneil St., Pearland, TX 77584. Property location, FIRMS for each property can be found in the attachments. Attachments Filename Date uploaded Uploaded by Label Description Action Project Location and FIRM-Pearland FMA 2020.pdf 12/09/2020 rperera@pearlandtx.gov Location project benefiting area Attachments Refer to new attachment- Shows the location of two properties related to effective FEMA floodplain. Project Location and FIRM-Pearland FMA 2020-rev.pdf 01/14/2021 rperera@pearlandtx.gov Location project benefiting area Attachments Shows the location of two properties related to effective FEMA floodplain.- Updated document. Geo_EnabledProperties.pdf 12/11/2020 rperera@pearlandtx.gov Location project benefiting area Attachments No description given. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Project impact area Provide a detailed description of the proposed project's impact area. The Project impact areas are the properties located in the Ruch (6022 Josephine) and Corrigan (5604 Colmesneil) communities located within the boundaries of the City of Pearland, Texas. Attachments Filename Date uploaded Uploaded by Label Description Action 5604 Colmesneil Impact.PNG 12/11/2020 jhardy@pearlandtx.gov Location project impact area Attachments Location of physical impact of the mitigation activity - 5604 Colmesneil. 6022 Josephine Impact.PNG 12/11/2020 jhardy@pearlandtx.gov Location project impact area Attachments Location of physical impact of the mitigation activity - 6022 Josephine. Project site inventory Does this project subapplication propose to mitigate a property/structure(s)? ( Examples: residential home, commercial building, bridge, fire station, levee, pumping station, wastewater treatment plant, telephone pole, electric line, etc.) Yes Please describe how the propert(ies) will be selected upon subgrant approval. (Example: Saferoom Lottery Project, Fix the Bricks Project) Please download the excel template, and then fill out the template with building or infrastructure data. List of location(s) (2 locations) Enter the location of the property/structure. Status Location ID Address Inventory type Structure type Mitigation action 8482 6022 Josephine Street , Pearland, TX, Brazoria, 77584 Building Residential Elevation 8556 5604 Colmesneil , Pearland, TX, Brazoria, 77584 Building Residential Elevation   DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Assurances and certifications SF-424D: Assurances - Construction Programs Content: OMB Number: 4040-0009 Expiration Date: 02/28/2022 Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal 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: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, 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. 3. 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. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination 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 progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will 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. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. 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; (e) 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 ee- 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 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 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 OMB number: 4040-0009, Expiration date: 02/28/2022 View burden statement DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A displaced or whose property is acquired as a result of Federal or 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. Will 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. §§327-333), 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 (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. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the 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; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et 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 U.S.C. §§7401 et 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). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will 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 et seq.). 18. Will 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. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. Certifications regarding lobbying; Debarment, Suspension and other responsibility matters; and Drug-free workplace requirements Content: OMB Control Number: 1660-0083 Expiration: 10/31/2021 Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying" and 28 CFR Part 17, "Government-wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Federal Emergency Management Agency (FEMA) determines to award the transaction, grant, or cooperative agreement. 1. LOBBYING As required by section 1352, Title 31 of the U.S. Code, and implemented at 44 CFR Part 18, for persons entering into a grant or cooperating agreement over $ 100,000, as defined at 44 CFR Part 18, the applicant certifies that: OMB number: 1660-0083, Expiration date: 10/31/2021 View burden statement DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. (b) If any other funds than Federal appropriated funds have been paid or will be paid to any other person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or an employee of Congress, or employee of a member of Congress in connection with this Federal Grant or cooperative agreement, the undersigned shall complete and submit Stand Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. (c)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. Standard Form-LLL :'Disclosure of Lobbying Activities' attached (This form must be attached to certification if nonappropriated funds are to be used to influence activities.) 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A. A. The applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of a or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform a public a public (Federal ,State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause of default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEE OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 44 CFR Part 17, Subpart F, for grantees, as defined at 44 CFR Part 17.615 and 17.620- A. The applicant certifies that it will continue to provide a drug-free workplace by; a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing an on-going drug free awareness program to inform employees about- 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- 1. Abide by the term of the statement; and 2. Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring ion the workplace no later than five calendar days after such convictions; e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A provide notice, including position, title, to the applicable FEMA awarding office, i.e., regional office or FEMA office. f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to anyemployee who is convicted- 1. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation act of 1973, as amended; or 2. Requiring such an employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, City, County, State, Zip code) 3519 Liberty Drive Pearland TX 77581 There are workplaces on file that are not identified Sections 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for FEMA funding. States and State agencies may elect to use a state wide certification. SF-LLL: Disclosure of Lobbying Activities Content: Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 OMB Number: 4040-0013 Expiration Date: 02/28/2022 The applicant is not currently required to submit the SF-LLL. 1. Type of federal action:grant 2. Status of federal action:bid/offer/application 3. Report type:initial filing 4. Name and address of reporting entity:Prime Name City of Pearland Street 1 3519 Liberty Drive Street 2 City Pearland State TX Zip 77581 Zip Ext Congressional district, if known:TX-22 6. Federal department/agency:Federal Emergency Management Agency 7. Federal program name/description:The Flood Mitigation Assistance (FMA) grant program. OMB number: 4040-0013, Expiration date: 02/28/2022 View burden statement DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A CFDA number, if applicable: 8. Federal action number, if known: 9. Award amount, if known:$0.00 10a. Name and address of lobbying registrant: Prefix First name N/A Middle name Last name N/A Suffix Street 1 N/A Street 2 City N/A State Zip Zip Ext 10b. Individual performing services: (including address if different from No. 10a) Prefix First name N/A Middle name Last name N/A Suffix Street 1 Street 2 City State Zip Zip Ext 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi- annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Texas Water Development Board Requisition Run Date: 12/21/2022 Run Time: 11:19:58 AM Report ID: TXCPO002X Business Unit 58000 Origin WSC Requestor Veronica Villalobos Pogue BCM Status Valid Requisitio n ID 0000000490 Status Approved Requestor Phone Req Approval Date 12/15/2022 Requisitio n Date 12/09/2022 Description FMA 2000012629 Pearland HEADER COMMENTS: contract attachments Line Description UOM Qty Price Amount Line Status 1 FMA 2000012629 Pearland LOT 1 499,760.00 499,760.00 Approved Vendor ID Vendor Loc Vendor Name Class Item Buyer 1746028909 002 CITY OF PEARLAND 950 65 Sherry Jackson Schedule 1 Schedule Amount 499,760.00 Dist Ln Account Fund Dept ID Program PCA Appn. Yr. Agy CF1 Agy CF2 Amount Location 1 7611 0001 C344 F06 21021 2022 7611 499,760.00 Texas Water Development Board Line Nbr Comments Total Requisition:$499,760.00 DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Texas Water Development Board Requisition Run Date: 12/21/2022 Run Time: 11:19:58 AM Report ID: TXCPO002X Business Unit 58000 Origin WSC Requestor Veronica Villalobos Pogue BCM Status Valid Requisitio n ID 0000000490 Status Approved Requestor Phone Req Approval Date 12/15/2022 Requisitio n Date 12/09/2022 Description FMA 2000012629 Pearland Stage ID Path ID Step ID Step Descr Status Approver Name Approved Date & Time 10 1 1 Level 1 - Div Dir/Mgr Approved Saul A Nuccitelli 2022-12-09T16:00:53-0600 10 1 1 Level 1 - Div Dir/Mgr Approved Kathy Carol Hopkins 2022-12-09T17:31:20-0600 10 1 10 Level 10 - GL Approved Antonio J Rodriguez 2022-12-15T06:54:17-0600 10 1 2 Level 2 - DEA and special Approved Marie C Hermitte 2022-12-12T21:48:10-0600 10 1 4 Level 4 - Budget Approved Glenn Gardner Jennings 2022-12-13T08:03:29-0600 10 1 6 Level 6 - Exec Admin Approved Jeffrey G Walker 2022-12-13T10:02:33-0600 10 1 9 Level 9 - Fin Ops Approved Eldrisha L Eubanks 2022-12-14T16:06:25-0600 ________________________________ Additional Approver DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A 1 Stephen Ross From:Joel Hardy <JHardy@pearlandtx.gov> Sent:Tuesday, February 21, 2023 11:23 AM To:Stephen Ross Cc:Rajendra Shrestha; Veronica Villalobos-Pogue; Kathy Hopkins; Cody Ransone Subject:RE: Reminder: ACTION REQUESTED: City of Pearland Contract 2000012629 (FY2020 FMA) External: Beware of links/attachments. tepperson@pearlandtx.gov Joel Hardy Grants/Special Projects Administrator | Administration City of Pearland | 3519 Liberty Drive | Pearland, TX 77581 P: 281.652.1795 pearlandtx.gov How can we better serve you? Take our customer satisfaction survey. Service – The Pearland Way. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. From: Stephen Ross <Stephen.Ross@twdb.texas.gov> Sent: Tuesday, February 21, 2023 11:17 AM To: Joel Hardy <JHardy@pearlandtx.gov> Cc: Rajendra Shrestha <RShrestha@pearlandtx.gov>; Veronica Villalobos‐Pogue <Veronica.Villalobos‐ Pogue@twdb.texas.gov>; Kathy Hopkins <Kathy.Hopkins@twdb.texas.gov>; Cody Ransone <Cody.Ransone@twdb.texas.gov> Subject: RE: Reminder: ACTION REQUESTED: City of Pearland Contract 2000012629 (FY2020 FMA) Good morning Joel, Thank you for sending this over. Can you provide an email address for Interim CM Trent Epperson to whom I can address the DocuSign envelop for execution of this contract? I’ve copied the program area staff for their reference. Thank you, Stephen Stephen A. Ross – Contract Specialist Texas Water Development Board Stephen.ross@twdb.texas.gov 512‐475‐1513 Work Hours: Monday through Friday from 8:30 a.m. – 5:00 p.m. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A 2 From: Joel Hardy <JHardy@pearlandtx.gov> Sent: Tuesday, February 21, 2023 11:08 AM To: Stephen Ross <Stephen.Ross@twdb.texas.gov> Cc: Rajendra Shrestha <RShrestha@pearlandtx.gov> Subject: FW: Reminder: ACTION REQUESTED: City of Pearland Contract 2000012629 (FY2020 FMA) External: Beware of links/attachments. Stephen, This needs to have our City Manager sign. Trent Epperson…per Jan 23 Council action. Joel Hardy Grants/Special Projects Administrator | Administration City of Pearland | 3519 Liberty Drive | Pearland, TX 77581 P: 281.652.1795 pearlandtx.gov How can we better serve you? Take our customer satisfaction survey. Service – The Pearland Way. From: Rajendra Shrestha <RShrestha@pearlandtx.gov> Sent: Tuesday, February 21, 2023 10:44 AM DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A 3 To: Joel Hardy <JHardy@pearlandtx.gov> Subject: FW: Reminder: ACTION REQUESTED: City of Pearland Contract 2000012629 (FY2020 FMA) Joel, Please see below. TWDB has my name on the contract matter for executing the contract. Looks like I can sign on the docusign. Thank you Raj Rajendra Shrestha, P.E. City Engineer | Engineering & Public Works 2016 Old Alvin Rd | Pearland, TX 77581 P: 281.652.1649 | M: 281.635.7081 From: Stephen Ross <Stephen.Ross@twdb.texas.gov> Sent: Tuesday, February 21, 2023 10:41 AM To: Rajendra Shrestha <RShrestha@pearlandtx.gov> Cc: Veronica Villalobos‐Pogue <Veronica.Villalobos‐Pogue@twdb.texas.gov>; Kathy Hopkins <Kathy.Hopkins@twdb.texas.gov> Subject: FW: Reminder: ACTION REQUESTED: City of Pearland Contract 2000012629 (FY2020 FMA) Good morning Rajendra, I requested the signatory information from the Contract Manager and was provided your name as the most recent signatory for Pearland. Please advise if there is a new signatory for Pearland and we will are glad to correct as necessary. DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A 4 I have copied the Contract Manager and Program area for their reference. Thank you and talk to you soon, Stephen Ross Stephen A. Ross – Contract Specialist Texas Water Development Board Stephen.ross@twdb.texas.gov 512‐475‐1513 Work Hours: Monday through Friday from 8:30 a.m. – 5:00 p.m. From: Rajendra Shrestha <RShrestha@pearlandtx.gov> Sent: Tuesday, February 21, 2023 9:38 AM To: Stephen Ross <Stephen.Ross@twdb.texas.gov> Subject: RE: Reminder: ACTION REQUESTED: City of Pearland Contract 2000012629 (FY2020 FMA) DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A 5 External: Beware of links/attachments. Stephen, Who is required to sign this contract? Is there a name mentioned in the contract? Thank you Raj Rajendra Shrestha, P.E. City Engineer | Engineering & Public Works City of Pearland | 2016 Old Alvin Rd | Pearland, TX 77581 P: 281.652.1649 pearlandtx.gov How can we better serve you? Take our customer satisfaction survey. Service – The Pearland Way. From: DocuSign NA3 System <dse_NA3@docusign.net> Sent: Tuesday, February 21, 2023 1:25 AM To: Rajendra Shrestha <RShrestha@pearlandtx.gov> Subject: Reminder: ACTION REQUESTED: City of Pearland Contract 2000012629 (FY2020 FMA) [EXTERNAL EMAIL] This email is from outside the COP organization. DO NOT CLICK links or OPEN attachments unless you recognize the sender and know the content is safe. Stephen Ross sent you a document to review and sign. REVIEW DOCUMENTS DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A 6 Stephen Ross Stephen.Ross@twdb.texas.gov Attached please find for your review and approval Contract 2000012629 with the City of Pearland. If you have any questions please contact Veronica Villalobos-Pogue at 512-383-6761. Thank you, Stephen Ross - TWDB Procurement & Contract Services Powered by Do Not Share This Email This email contains a secure link to DocuSign. Please do not share this email, link, or access code with others. Alternate Signing Method Visit DocuSign.com, click 'Access Documents', and enter the security code: 8275E4E006D34A81B3FF0C3584B106AA3 About DocuSign Sign documents electronically in just minutes. It's safe, secure, and legally binding. Whether you're in an office, at home, on-the-go -- or even across the globe -- DocuSign provides a professional trusted solution for Digital Transaction Management™. Questions about the Document? If you need to modify the document or have questions about the details in the document, please reach out to the sender by emailing them directly. Stop receiving this email Report this email or read more about Declining to sign and Managing notifications. If you are having trouble signing the document, please visit the Help with Signing page on our Support Center. Download the DocuSign App This message was sent to you by Stephen Ross who is using the DocuSign Electronic Signature Service. 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DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Updated 8/24/2021 NEW CONTRACT PAYABLE RECEIVABLE CONTRACT AMOUNT $___________________________ BOARD APPROVAL DATE (IF APPLICABLE)___________________ Contract No. CONTRACTOR DATE AND INITIAL Procurement & Contract Services _______________________________ Contract Specialist Assign contract number; Enter contract information intoCAS and Worklog; Assignment Date____________________________ Obtain Budget Coding from Budget Officer for CIF Request TWDB Vendor Set-Up & Direct Deposit Form fromContractor (need VID for CIF) Prepare Draft contract, CIF, and Letter (if applicable) PCS Approval Do FFATA, HB 1295 or IT Requirements apply? ☐Yes ☐No Manager/Director, Contracting and Purchasing reviews and approves ☐Kaye Schultz Contract Attorney reviews and approves Comments: ☐ Contract Manager reviews and approves Provide contractor e-mail information for signatory and others who require a copy of the executed contract ☐Program Manager reviews and approves ☐Glenn Jennings ☐Shanna Packer ☐Loren Sammon ☐ Budget Officer verifies Fund, Object of Expense, MOF, Department Code, PCA, Work Number, and Fiscal Year information ☐Review Budget Entry Review and Comment if needed ☐Carla Guthrie ☐Temple McKinnon ☐Darrell Tompkins ☐Saul Nuccitelli ☐Clay Schultz ☐Mark Wyatt ☐ Division Director reviews and approves ☐Ashley Harden ☐Edna Jackson ☐John Dupnik ☐Rebecca Trevino ☐Richard Wade ☐Jessica Pena Deputy Executive Administrator/CFO reviews, approves, and signs transmittal letter (if delegated; < $25,000) PCS _______________________________ Contract Specialist Verify/Accept internal review comments Upload executed contract into CAS Update all pertinent fields in CAS Update Worklog Move files to Active Contracts Folder By signing this form, you are certifying that this packet and its contents meet with your approval EMAIL ADDRESSES: April Weiss (Receivable)Eldrisha Eubanks (Payable)Letty Molina General Counsel Program Area Cameron Turner 499,760.00 2000012629 Pearland, City of Stephen Ross 11/03/22 11/04/22 sr n ct 12/21/22 n KS 11/28/ 2022 n Veronica Villalobos-Pogue vvp 12/15/22 n Kathy Hopkins n See CIF gj 11-22-22 srey 11-22-22 4 EE 11/22/22 n SN, 11/21/22 n Stephen Ross dcoker@pearlandtx.gov n n Sherry Jackson DocuSign Envelope ID: DF8BDBF8-C1AA-4CC3-AB57-2589660EF635 12/22/2022 1/3/2023 DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Certificate Of Completion Envelope Id: DF8BDBF8C1AA4CC3AB572589660EF635 Status: Sent Subject: Contract 2000012629 - City of Pearland (FY2020 FMA) Source Envelope: Document Pages: 156 Signatures: 8 Envelope Originator: Certificate Pages: 7 Initials: 5 Stephen Ross AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Stephen.Ross@twdb.texas.gov IP Address: 208.87.239.180 Record Tracking Status: Original 12/21/2022 3:52:13 PM Holder: Stephen Ross Stephen.Ross@twdb.texas.gov Location: DocuSign Security Appliance Status: Connected Pool: FedRamp Storage Appliance Status: Connected Pool: Texas Water Development Board Location: DocuSign Signer Events Signature Timestamp April Weiss April.Weiss@twdb.texas.gov TWDB Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 208.87.239.180 Sent: 12/21/2022 4:44:33 PM Viewed: 12/21/2022 5:14:48 PM Signed: 12/21/2022 5:15:57 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign April Weiss April.weiss@twdb.texas.gov TWDB Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 208.87.239.180 Sent: 12/27/2022 12:41:54 PM Viewed: 12/28/2022 5:40:31 PM Signed: 12/28/2022 5:42:06 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cameron Turner Cameron.Turner@twdb.texas.gov Director TWDB Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 104.49.209.8 Signed using mobile Sent: 12/21/2022 4:44:32 PM Viewed: 12/21/2022 5:03:03 PM Signed: 12/21/2022 5:04:58 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Glenn Jennings Glenn.Jennings@twdb.texas.gov Budget Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 208.87.239.180 Sent: 12/21/2022 4:44:32 PM Viewed: 12/22/2022 7:17:46 AM Signed: 12/22/2022 7:17:53 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Signer Events Signature Timestamp K C Hopkins Kathy.Hopkins@twdb.texas.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 70.122.18.242 Sent: 12/21/2022 4:44:33 PM Viewed: 12/22/2022 7:33:35 AM Signed: 12/22/2022 7:33:52 AM Electronic Record and Signature Disclosure: Accepted: 5/9/2021 12:23:55 PM ID: 705b879c-7668-484a-9ce3-2838fa70c3b6 Kaye Schultz kaye.schultz@twdb.texas.gov Attorney TWDB Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.87.239.180 Sent: 12/21/2022 4:44:33 PM Viewed: 1/2/2023 8:50:53 AM Signed: 1/2/2023 8:51:11 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Veronica Villalobos-Pogue Veronica.Villalobos-Pogue@twdb.texas.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.87.239.180 Sent: 12/21/2022 4:44:34 PM Viewed: 12/29/2022 12:42:29 PM Signed: 12/29/2022 12:42:41 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Letty Molina Letty.Molina@TWDB.texas.gov Finance Manager TWDB Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 172.56.89.184 Signed using mobile Sent: 1/2/2023 8:51:21 AM Viewed: 1/3/2023 9:09:18 AM Signed: 1/3/2023 9:10:03 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Saul Nuccitelli Saul.Nuccitelli@twdb.texas.gov Director Water Science & Conservation Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.87.239.180 Sent: 1/2/2023 8:51:21 AM Viewed: 1/2/2023 10:44:29 AM Signed: 1/2/2023 10:44:49 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sergio Rey Sergio.Rey@twdb.texas.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.87.233.201 Sent: 1/2/2023 8:51:21 AM Viewed: 1/2/2023 9:38:08 AM Signed: 1/2/2023 9:38:16 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Signer Events Signature Timestamp John T. Dupnik john.dupnik@twdb.texas.gov Deputy Executive Administrator TWDB Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.87.239.180 Sent: 1/3/2023 9:10:19 AM Viewed: 1/3/2023 10:26:05 AM Signed: 1/3/2023 10:26:16 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Clay Pearson cpearson@pearlandtx.gov City Manager Security Level: Email, Account Authentication (None) Sent: 1/3/2023 10:26:28 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Amanda Lavin Amanda.Lavin@twdb.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeff Walker Jeff.Walker@twdb.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Clay Pearson cpearson@pearlandtx.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Joel Hardy jhardy@pearlandtx.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Carbon Copy Events Status Timestamp Kathy Hopkins Kathy.Hopkins@twdb.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/9/2021 12:23:55 PM ID: 705b879c-7668-484a-9ce3-2838fa70c3b6 TWDB Contracts Inbox contracts@twdb.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Veronica Villalobos-Pogue Veronica.Villalobos-Pogue@twdb.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Darrin Coker dcoker@pearlandtx.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign April Weiss April.Weiss@twdb.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Eldrisha Eubanks Eldrisha.Eubanks@twdb.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rajendra Shrestha rshrestha@pearlandtx.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/21/2022 4:44:34 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Texas Water Development Board (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. 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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 5/7/2021 4:16:16 PM Parties agreed to: K C Hopkins, Kathy Hopkins DocuSign Envelope ID: 0C328612-4DFF-46AE-801F-08D1C94EB63A Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. 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