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HomeMy WebLinkAboutRES 14-196RESOLUTION NO.14 -196 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract, substantially in the form attached hereto as Exhibit "A," with the Texas Water Development Board to receive up to $965,626 for the Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance Project Grant. PASSED B`( THE CITY COUNCIL of the City of Beaumont this the 16th day of September, 2014. L !, c.� !Mao—, -Mayor Becky Ames - 1 >' ,A V Al.. STATE OF TEXAS TWDB Contract Rio. 1300011734 COUNTY OF TRAVIS Flood Mitigation Assistance Project Grant CITY OF BEAUMONT, TEXAS 'rbis Contract (hereinafter CONTRACT) is entered into by and between the TEXAS WATER DEVELOPMENT BOARD, the Grantee serving as the administrator of the Federal Emergency Management Agency's Flood Mitigation Assistance Program, and the City of Beaumont, Texas, the Subgrantee. SECTION L SPECIFIC CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT ARTICLE I. DEFINITIONS: For the purposes of this CONTRACT, the following terns or phrases shall have the meaning ascribed therewith: 1. TWDB - The Texas Water Development Board, or its designated representative 2. FEMA - Fed.eraI Emergency Management Agency 3. FMA — Flood Mitigation Assistance Program 4. CONTRACTOR -- City of Beaumont, Texas 5. EXECUTIVE ADMINISTRA'T'OR - The Executive Administrator for the TWDB or a designated representative 6. PARTICIPANTS — N/A 7. REQUIRED INTERLOCAL AGREEMENT(S) — N/A S. FEMA APPROVAL AWARD DATE — May 28, 2014 9. TWDB APPROVAL, DATE —March 17, 2014 10, PROJECT AREA — The project area is more specifically defined in Exhibit B (the original grant application). I]. DEADLINE FOR CONTRACT EXECUTION — September 25, 2014 12. CONTRACT EFFECTIVE DATE — July 19, 2013 13. PROJECT COMPLETION DATE — January 9, 2017 11A,'DB Contract No. 130001 1734 section 1, Page 1 of 2 EXHIBIT "A" 14. 1`O'TAL PROJECT COSTS - $965,626.00 15. FEDERAL SHARE OF THE TOTAL PROJECT COSTS - Not to exceed $965,626.00 or 100% of eligible expenses. 16, LOCAL SHARE OF THE TOTAL PROJECT COSTS — $0.00 or 0° o of eligible expenses. 17. PAYMENT REQUEST SUBMISSION SCHEDULE — Quarterly 18. OTHER SPECIAL CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT OF THIS CONTRACT — All costs must be incurred during the period of performance unless pre -award costs are approved. A total of $5,000.00 in pre -award expenses is an. allowable expense and shall be considered for reimbursement under this CONTRACT. T\VDB Contract loo. 1300011714 Section I, rage 2 of 2 SECTION II. STANDARD AGREEMENT ARTICLE I. RECITALS WHEREAS, the CONTRACTOR applied through the TWDB for a FEMA project grant under the FMA program to mitigate specific flood problems as identified in Exhibit B, the original Brant application which is incorporated herein and made a permanent part of this CONTRACT; WHEREAS, the CONTRACTOR and PARTICIPANTS will commit cash and /or in -kind services to pay for the LOCAL SHAPE OF THE TOTAL PROJECT COSTS; WHEREAS, the CONTRACTOR is the entity that will receive grant funds and will be responsible for the execution of this CONTRACT and compliance with FMA requirements; WHEREAS, on the FEMA APPROVAL AWARD DATE, FEMA approved the CONTRACTOR's application for financial assistance; NOW, THEREFORE, the TWDB and the CONTRACTOR agree as follows: ARTICLE IL AGREEMENTS The United States of America, through the Director of FEMA, has agreed to fund to the CONTRACTOR, through the TWDB, the FEDERAL SHARE OF THE TOTAL PROJECT COSTS. By acceptance of the funds awarded, the CONTRACTOR agrees to abide by the terms and conditions of this CONTRACT as set forth in this document and the documents identified therein and made a part hereof by reference. 2. Services and activities provided under this CONTRACT shall be in strict compliance with the requirements of the Texas Government Code, Chapter 742, as well as Exhibit A, FEMA Award Package, which provides for state coordination of local applications for Federal funds. The CONTRACTOR will provide flood mitigation assistance to the PROJECT AREA, as delineated and described in the original application (Exhibit B), according to the scope of work contained in Exhibit C. 4. The CONTRACTOR has until the DEADLINE FOR CONTRACT EXECUTION to execute this CONTRACT and provide acceptable evidence of any REQUIRED INTERLOCAL AGREEMENTS, if applicable, to the EXECUTIVE ADMINISTRATOR for approval or the FEDERAL, SHARE OF THE TOTAL PROJECT COSTS will be rescinded. TWDB Contract No. 130001 1734 Section 11, Page I of : 3 ARTICLE III. PERIOD OF PERFORMANCE The period of performance of this CONTRACT shall be from the CONTRACT EFFECTIVE DATE to the PROJECT COMPLETION DATE, unless otherwise amended. ARTICLE IV. FEDERAL LAWS AND RULES THAT APPLY FEMA requires all grant recipients to comply with Federal laws and rules. These Federal laws and rules are listed in Article VIII of the FEMA award package (Exhibit A) which is incorporated herein and made a permanent part of this CONTRACT. CONTRACTOR will comply with all Federal laws and rules listed in Exhibit A. Copies of those Federal laws and rules are ,available upon request. ARTICLE V. +sENERAL TERMS AND CONDITIONS The specific terms and conditions of this CONTRACT are as follows: The TWDB shall reimburse the CONTRACTOR for costs detennined by FEMA to be allowable, allocable, and reasonable in accordance with OMB Circular A -87; Cost Principles for State and Local Governments. 2. The CONTRACTOR shall follow matching or cost sharing requirements found in 44 CFR Part 1324, of the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. The project will be administered by the CONTRACTOR as per the Hazard Mitigation Assistance (HMA) Unified Guidance in effect when the application (Exhibit 13) was submitted to FEMA which is available at www.fema.o��, 4. The CONTRACTOR shall transfer to the TWDB, for return to FEMA, the appropriate share, based on the Federal support percentage, of any refund, rebate, credit or other accounts arising from the performance of this CONTRACT, along with accrued interest, if any. The CONTRACTOR shall take necessary action to effect prompt collection of all monies due or which may become due and to cooperate with the TWDB and FEMA in any claim or suit in connection with the amounts due. Prior to the start of any construction activity, the CONTRACTOR shall ensure that all applicable Federal, State, and local permits and clearances are obtained. TWDB Contract No. 1300011734 Section 11, Page 2 of 13 Copyright. The TWDB and FEMA reserve a royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for governmental purposes. Any publication resulting from work performed under this CONTRACT shall include an acknowledgement of FEMA financial support and a statement that the publication does not necessarily reflect the views of FEMA or the TWDB. 7. No subsequent grant/cooperative agreements, monetary increase amendments or time extension amendments will be approved unless all overdue financial or performance reports have been submitted by the CONTRACTOR to the TWDB. Exceptions to this policy can be approved only by FEMA. 8. The CONTRACTOR agrees by accepting funds under this CONTRACT to comply with all provisions of 44 CFR 13.32, Equipment. FEMA Form 20 -18, Government Property form, is to be used to report Government Property. Instructions on which property items are to be reported should be provided in writing by FEMA. 9. No Debt Against the State. This CONTRACT does not create any debt by or on behalf of the State of Texas and the TWDB. The TWDB's obligations under this CONTRACT are contingent upon the availability of appropriated funds and the continued legal authority of the TWDB ro enter into this CONTRACT. 10. Independent: Contractor and Insurance. For the purposes of this CONTRACT, the CONTRACTOR will be considered an independent contractor and, therefore, solely responsible for liability resulting from negligent acts or omissions and shall 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 shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. The CONTRACTOR shall obtain all necessary insurance, in the judgment of the CONTRACTOR, to protect itself from liability arising out of this CONTRACT. 11. Procurement Laws. The CONTRACTOR shall comply with applicable State of Texas procurernent laws, rules and policies, including but not Iimited to competitive 'bidding and the Professional Services Procurement Act, Government Code, Chapter 2-54, 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. TWDB Contract No. 13000! 1734 Section 1 1 , Page 3 of 13 12. Right to Audit. The CONTRACTOR and its subcontractors shall maintain all financial accounting documents and records, including copies of all invoices and receipts for expenditures, relating to the work under this CONTRACT. CONTRACTOR shall make such documents and records available for examination and audit by the Executive Administrator or any other authorized entity of the State of Texas. CONTRACTOR's financial accounting documents and records shall be kept and maintained in accordance with generally accepted accounting principles for a minimum of three years following the completion of the CONTRACT. By executing this CONTRACT, the CONTRACTOR accepts the authority of the Texas State Auditor's Office to conduct audits and investigations in connection with all state funds received pursuant to this CONTRACT. Tlie CONTRACTOR shall comply with directives from the Texas State Auditor and shall cooperate ir. any such investigation or audit. The CONTRACTOR agrees to provide the Texas State Auditor with access to any information the Texas State Auditor considers relevant to the investigation or audit. The CONTRACTOR also agrees to include a provision in any subcontract related to this CONTRACT that requires the subcontractor to submit to audits and investigation by the State Auditor's Office in connection with all state fiends received pursuant to the subcontract. 13. Force Majeure. Unless otherwise provided, neither CONTRACTOR nor the TWDB nor any agency of the State of Texas, shall be liable to the other for any delay in, or failure of performance, of a requirement contained in this CONTRACT caused by force majeure. The existence of such causes of delay or failure shall 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, strike, fires, explosions, 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. Each party must inform the other in writing with proof of receipt within five (5) business days of the existence of such force majeure or otherwise waive this right as a defense. 14. Severance Provision. Should any one or more provisions of this CONTRACT be held to be null, void, voidable, or, for any reason whatsoever, of no force and effect, such provision(s) shall be construed as severable trom the remainder of this CONTRACT and shall not affect the validity of all other provisions of this CONTRACT which shall remain in full force and effect. 15. Registration Requirement. Pursuant to the FEDERAL FUNDING ACCOUNTA31LIhY AND T'RANSPARLNCY ACT OF 2006, Pub. L. 109 -282. the CONTRACTOR will be required to obtain a Data Universal Numbering System (DUNS) Number and register with Central Contractor Registration (CCR), and maintain current registration at all times through the System for Award Management (www.san during which this Agreement is in effect, TWDB Contract No. 130001 1734 Section 11, Page 4 of 13 16. Indemnification. The CONTRACTOR shall indemnify and hold the TWDB and the State of Texas harmless, to the extent. the CONTRACTOR may do so in accordance with state law, from any and all losses, damages, liability, or claims therefore, on account of personal injury, death, or property damage of any nature whatsoever caused by the CONTRACTOR, arising out of the activities and work conducted pursuant to this CONTRACT. The CONTRACTOR is solely responsible for liability arising out of its negligent acts or omissions during the performance of this CONTRACT, This agreement does not create any third party cause of action and the CONTRACTOR does not waive any immunity available under state Iaw. ARTICLE VI. STANDARDS OF PERFORMANCE. Personnel. CONTRACTOR shall assign only qualified personnel to perform the services required under this CONTRACT. CONTRACTOR shall be responsible for ensuring that any subcontractor utilized shall also assign only qualified personnel. Qualified personnel are persons who are properly licensed to perform the work and who have sufficient knowledge, skills 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 shall provide the services and deliverables 'in accordance with applicable professional standards. CONTRACTOR represents and warrants that !Je is authorized to acquire subcontractors with the requisite qualifications, experience, personnel and other resources to perform in the manner required by this CONTRACT. 3. Antitrust. CONTRACTOR represents and warrants that neither CONTRACTOR nor any firm, corporation, partnership, or institution represented by CONTRACTOR, or anyone acting for such finis, corporation, partnership, or institution has (1) violated the antitrust laws of the state of Texas under the Texas Business & Commerce Code, Chapter 15, of the Federal antitrust laws; or (2) communicated directly or indirectly the proposal resulting in this CONTRACT to any competitor or other person engaged in such line of business du:-ing the procurement process for this CONTRACT. 4. Conflict of Interest. CONTRACTOR represents and warrants that CONTRACTOR has no actual or potential conflicts of interest in providing the deliverables required by this CONTRACT to the State of Texas and the TWDB. CONTRACTOR represents that the provision of services under this CONTRACT will not create an appearance of impropriety. CONTRACTOR also represents and warrants that, during the term of this CONTRACT, CONTRACTOR will immediately notify the TWDB, in writing, of any potential conflict of interest that could adversely affect the TWDB by creating the appearance of a conflict of interest. TWDB Contract No. 130001 1734 Section li, Page 5 of 13 5. CONTRACTOR represents and warrants that neither CONTRACTOR nor any person or entity that will participate financially in this CONTRACT has received compensation from the TIA71313 or any agency of the State of Texas for participation in the preparation of specifications for this CON'rRACT. CONTRACTOR represents and warrants that he has riot given, offered to give, and does not intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to any public servant in connection with this CONTRACT. 6. Proprietary and Confidential Information. CONTRACTOR warrants and represents that any information that is proprietary or confidential, and is received by CONTRACTOR from the TWDB or any governmental entity, shall not be disclosed to third parties without the written consent of the TWDB or applicable governmental entity, whose consent shall not be unreasonably withheld. Public Information Act. CONTRACTOR acknowledges and agrees that all documents, in any media, generated in the performance of work conducted under this CONTRACT are subject to public disclosure under the Public Information Act, Government Code, Chapter 552. CONTRACTOR shall produce all documents upon request of the TWDB within two (2) business days when the documents are required to comply with a request for information under the Public Information Act. Accurate and Timely Record Keeping. CONTRACTOR warrants and represents that he will keep timely, accurate and honest books and records relating to the work performed and the payments received under this CONTRACT according to generally accepted accounting standards. Further, CONTRACTOR agrees that he will create such books and records at or about the time the transaction reflected in the books and records occurs. 9. Dispute Resolution. The CONTRACTOR and the TWDB agree to make a good faith effort to resolve any dispute relating to the work required under this CONTRACT through negotiation and mediation as provided by Government Code, Chapter 2260 relating to resolution of certain contract claims against the state. The CONTRACTOR and the TWDB further- agree that they shall attempt to use any method of alterriative dispute resolution mutually agreed upon to resolve any dispute arising under this CONTRACT if this CONTRACT is not subject to Chapter 2260. 10. Contract Adininistration. The TWDB shall designate a contract manager f'or this CONTRACT. The contract manager will serve as the point of contact between the TWDB and CONTRACTOR. The TWD's contract manager shall supervise the 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 contract 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. TWDB Contract No. 130001 1734 Section 11, Pa go 6 of 13 AR'T'ICLE VII. DISTRIBUTING GRANT FUNDS The TWDB agrees to compensate and reimburse the CONTRACTOR in a total amount not to exceed the FEDERAL SHARE OF THE TOTAL PROJECT COSTS for costs incurred and paid by the CONTRACTOR pursuant to performance of this CONTRACT. The CONTRACTOR will contribute local matching funds in sources and amounts defined as the LOCAL SHARE OF THE TOTAL PROJECT COSTS. The TWDB shall reimburse the CONTRACTOR for one hundred percent (100 %) of FEDERAL SHARE OF THE TOTAL PROJECT COSTS of each invoice tip to ninety percent (90 °') of the total FEDERAL SHARE pending the CONTRACTOR's performance and TW.DB's review and approval of project completion according to the specific close -out requirements for FMA, at which time the TWDB shall pay the remaining tell percent (10 %) to th- CONTRACTOR. Notwithstanding the above referenced paragraph, the TWDB may provide advance funds to the CONTRACTOR in order to minimize the time elapsing between the transfer of funds and their disbursement by the CONTRACTOR. Such advance shall be in compliance with FEMA regulations, including but not limited to 44 CFR §13.21(c). The 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. 2. Requests for advance or reimbursement of subcontractor expenses will only be considered where such subcontracts or ageements have been approved by the EXECUTIVE ADMINISTRATOR as described herein. The EXECUTIVE ADMINISTRATOR must provide written review and approval of contracts or agreements between the CONTRACTOR and subcontractor(s) and between such subcontractors and any other subcontractors prior to CONTRACTOR finalizing such subcontracts or agreements. The purpose of this review is solely to ensure that the subcontracts and agreements are consistent with this CONTRACT and that the rights of the TWWDB are protected. CONTRACTOR understands that CONTRACTOR should obtain its own legal review of subcontracts and agreements that CONTRACTOR enters into. CONTRACTOR agrees that the TWDB assumes no legal obligations under its subcontracts or agreements and is merely a third -party beneficiary of the same. Each subcontract or agreement shall 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 shall conform to the terns of the CONTRACT and include provisions which require subcontractor compliance with TWDB rules. The 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. TWDB Contract No, 130001173d Section 11, Pale 7 of 13 The CONTRACTOR shall submit advance or payment requests and the required documentation for reimbursement according to the PAYMENT REQUEST SUBMISSION SCHEDULE and in accordance with the approved task and expense budgets contained in Exhibit D to this CONTRACT. 4. The 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 10% of the total authorized amount by this CONTRACT. Larger deviations shall require approval by EXECUTIVE ADMINISTRATOR or designee and FEMA (as per 44 CFR Part 13.30 of the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments) which will be documented through an .Approved Budget Memorandum to the TWDB contract file. The CONTRACTOR will be required to provide written explanation for the overage and reallocation of the task and expense amount. For all reimbursement requests, including any subcontractor's expenses, the EXECUTIVE ADMINISTRATOR must have determined that the REQUIRED 1NTERLOCAL AGREEMENT(S) and contracts or agreements between the CONTRACTOR and the subcontractors are consistent with the terms of this CONTRACT. The CONTRACTOR is fully responsible for paying all charges by subcontractors prior to reimbursement by the TWDB. The CONTRACTOR and its subcontractors shall maintain satisfactory financial accounting documents and records, including copies of invoices and receipts, and shall make them available for examination and audit by the EXECUTIVE ADMINISTRATOR. Accounting by the CONTRACTOR and its subcontractors shall be in a manner consistent with Generally Accepted Accounting Principles (GAAP). 6. Once the CONTRACTOR chooses the advance method for distribution of grant funds and submits a. Request for Advance Checklist to the EXECUTIVE ADMINISTRATOR, TVdDB will advance to the CONTRACTOR the amount shown in Section I, Item 18, if applicable, but not to exceed the percent of the FEDERAL SHARE OF THE TOTAL PROJECT COSTS. 7. When CONTRACTOR has incurred expenses sufficient to reconcile the advance received, the CONTRACTOR will submit a Request for Advance Checklist to the EXECUTIVE ADMINISTRATOR for another advance of the FEDERAL SHARE OF THE TOTAL PROJECT COSTS. The CONTRACTOR will attach to the Request for Advance Checklist, the most recent written performance report described in Article IX, Item 1 of this Section and the documentation listed in Item 8 below. Any expenses incurred by the CONTRACTOR above the amount of the previous advance will be reimbursed to the CONTRACTOR based on the percentage of the FEDERAL SHARE OF THE TOTAL PROJECT COSTS of this CONTRACT. TWDB Contiact No. 1300011734 Section fl, Page 8 of 13 For reimbursement, the CONTRACTOR will submit a Payment Request Checklist and the documentation listed below, according to the PAYMENT SUBMISSION SCHEDULE. The Payment Request package will include the following: a, The most recent written performance report required by Article IX, Iten I of this Section, b. Summary of total expenses incurred and amounts paid, including the following; information: 1. CONTRACTOR's Vendor Identification Number; 2. TW.DB Contract Number; 3. The reimbursement period: beginning (date) through ending (date); 4. TOTAL, PROJECT COSTS for the reimbursement period broken down by budget categories contained in Exhibit D; 5. Total In -kind services, if applicable; 6. Less LOCAL SHARE OF THE TOTAL PROJECT COSTS for the billing period, if applicable; 7. Total FEDERAL SHARE OF THE TOTAL PROJECT COSTS for the billing period; S. Total costs to be reimbursed by the TWDB for the billing period; and 9. Certiftication, signed by the CONTRACTOR's authorized representative, that the expenses submitted for the reimbursement period are a true and correct representation of amounts paid for work performed directly related to this CONTRACT; c. For direct expenses incurred by the CONTRACTOR for subcontracted work: • Copies of invoices frorn the subcontractor to the CONTRACTOR and proof of payment; • 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 subcontractors. Any payments of expenses which the CONTRACTOR withholds from a subcontractor for the purposes of retainage, shall be considered to have been paid by the CONTRACTOR for purposes of determining expenses paid under the previous senter1ce; and • Copies of detailed, itemized invoices /receipts for other expenses (credit card summary receipts or statements are not acceptable) d. For direct expenses incurred by the CONTRACTOR other than subcontracted work: • 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; and • Copies of detailed, itemized invoices /receipts for other expenses (credit card summary receipts or statements are not acceptable) e. For travel expenses for the CONTRACTOR and /or subcontractors — • Nanres, dates, work locations, time periods at work locations, itemization of and receipts for subsistence expenses of each employee, limited, however, to travel TWD13 Contras: No. 1 30001 1734 Section 11, Page 9 of 13 expenses authorized for state employees by the General Appropriations Act, Tex. Leg. Regular Session, 2013, Article IX, Part 5, as amended or superecded. Receipts required for lodging; Copies of invoices or receipts for transportation casts or, if mileage costs, names, dates, and points of travel of individuals; and All other reimbursable travel expenses -- invoices or purchase vouchers showing reason for expense with receipts to evidence the amount incurred. q. No later than forty -five (45) days after the PROJECT COMPLETION DATE, the CONTRACTOR will provide a final reconciliation of expended amounts under the CONTRACT. 10. Within thirty (30) days of the EXECUTIVE ADMINISTRATOR's final accounting of the amounts expended by the CONTRACTOR and the amounts advanced by the TWDB to the CONTRACTOR, the CONTRACTOR will refund to the TWDB any advances not used for expenses approved by the EXECUTIVE ADMINISTRATOR. If the amounts expended by the CONTRACTOR exceed the amounts advanced by the TWDB, the EXECUTIVE ADMINISTRATOR will provide such differences to the CONTRACTOR, if not in excess of the FEDERAL SNARE OF THE TOTAL PROTECT COSTS. 11. Reimbursement Requests that lack required documentation will be denied or shor7: paid if deficiencies are riot resolved within ten (10) business days. Denied Reimbursement Requests or eligible expenses that were short paid must be resubmitted by the CONTRACTOR with the required documentation to be reconsidered for reimbursement. 12. If for some reason the reimbursement request cannot be processed due to the need for an amendment to the CONTRACT, the CONTRACTOR will be required to resubmit the Payment Request: Checklist dated alter the execution of the amendment. 13. The CONTRACTOR is responsible for any food or entertainment expenses incurred by its own organizatiort or that of its subcontractors, outside that of the travel expenses authorized and approved by the State of Texas under this CONTRACT. 14, The 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 fellowing the PROJECT COMPLETION DATE. Failure to submit a timely Final payment request may result in the release of the retained funds to the CONTRACTOR and a lapse and closure of any other remaining funding under this CONTRACT. '1FWDB Contract No. 130001 1734 section 11, Page 10 o1, 13 ARTICLE VIII. FINANCIAL REPORTS The CONTRACTOR shall submit one copy of the TWDB Quarterly Financial Report (TWDB QFR) either through the mail to Contracting and Purchasing or by email to contracts6a),1L�4 db_texas.gov within. fifteen (15) days following the end of each quarter of the project with the exception of the final Financial Status Report, which shall be due forty -five (45) days after :PROJECT COMPLETION DATE. 2. If applicable, the CONTRACTOR shall submit all other reporting requirements as stated in Exhibit A of th7.s CONTRACT. ARTICLE IX. PERFORMANCE REPORTING uarterly. The CONTRACTOR shall submit an original quarterly Performance Report (FEMA Form 20 -22, Narrative Statement Report form) and any supporting documentation to the TWDB's contract manager within fifteen (15) days following the end of each quarter in accordance with Article V, Item 3 2. Final .Report. The CONTRACTOR shall submit an original final Performance Report (FEMA Form 26 -22, Narrative Statement Report form) and any supporting documentation which details all the work performed under the CONTRACT according to the specific close -out requirements according to Article V, Item 3. The reportt shall be submitted to the TWDB's contract manager within forty -five (45) days following PROJECT COMPLETION DATE. ARTICLE X. AMENDMENT, TERMINATION, AND STOP ORDERS Notice. Notwithstanding any other provision herein, the EXECUTIVE ADMINISTRATOR may terminate this CONTRACT without cause in whole or in part by providing ,vritten notice to CONTRACTOR. 2. Discontinuation of Work. Upon receiving notice of termination, CONTRACTOR will discontinue work in accordance with the EXECUTIVE ADMINISTRATOR's termination instructions. Further, CONTRACTOR will delay or terminate all applicable orders and subcontracts. 3. Unpaid Balances. In the event that this CONTRACT is terminated, the TWDB's only liability will be to pay CONTRACTOR the unpaid balance due CONTRACTOR for work actually performed. TWDB Contract No. 130001 1734 Section 11, Page 1 I of 1 i 4. The EXECUTIVE ADMINIS'T'RATOR may issue a Stop Work Order to the CONTRACTOR at any time. Upon receipt of such order, the CONTRACTOR shall discontinuc 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 sixty (60) days after receipt by the CONTRACTOR of the Stop Work Order, the TWDB retains the rights to terminate in accordance with the foregoing provisions. The EXECUTIVE ADMINISTRATOR can extend the PROJECT COMPLETION DATE upon written approval from FEMA. The CONTRACTOR should notify the EXECUTIVE ADMINISTRATOR in writing within ninety (90) days prior to the PROJECT COMPLETION DATE if an extension is required. 6. If termination. of the CONTRACT occurs, the procedures described in 44 CFR. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreement's to State and Local Governments will be followed. ARTICLE XI. CORRESPONDENCE, REPORTS, AND REIMBURSEMENTS All correspondence, -reports, and reimbursements related to this CONTRACT shall be made to the following addresses: For the TWDB: Contract Issues: Texas Water Development Board Attention: Contract Administration P.O. Box 13231 Austin, Texas 78 711 -3 23 1 Email: contracts��twdb.texas.�ov Payment Request Submission: Texas Water Development Board Attention: Accounts Payable P.O. Box 13231 Austin, Texas 7871,1-3231 Email: in Vol CCO)twdb.texas.e„ov Physical Address: Stephen F. Austin State Office Building 1700 N. Concress ,kvenue Austin, Texas 7870I For the CONTRACTOR: Contract Issues: Adina. Ward Planner II / Floodplain Administrator P.O. Box 3827 Beaumont, Texas 77704-3827 Email: award(Dcci.beauniont.tx.us Phone: 409 -880 -3764; Fax: 409 -880 -3133 Payment Request Submission: Janice Ridley Grants Manager P,O. Box 3827 Beaumont, Texas 77704 -3827 Email:: ridlcyL.!Dci.beaumont.tx.us Physical Address: City of Beaumont 801 Main St. Beaumont, 'Texas 77701 TWDB Contract No. 130001173-1 Section 11, Page; 12 of] 3 IN WITNESS WHEREOF, the parties have caused this CONTRACT to be duly executed in duplicate originals. TEXAS WATER DEVELOPMENT CITY OF BEAUMONT, TEXAS BOARD Kevin Patteson Executive Administrator Date: Kyle Hayes City Manager Date: TWDB Contract No. 130001 1734 Section 11, rage 13 of 13 Exhibit A FEMA AWARD PACKAGE TWDB Contract No. 1300011734 Exbibit A, Ilage 1 of 25 U.S. Department of Homeland Security FEMA Region VI Federal Regional Center 800 N. Loop 288 Denton, 'rX 76209 >r � rah' :;, FEMA -4NU ii 5 June 30, 2014 Kathy Hopkins SRL Lead- Mitigation Specialist, Texas Water Development Board 1700 North Congress Avenue P.O. Box 13231 Austin, TX 78711 -3231 Dear Kathy Hopkins: Enclosed is an executed copy of FEMA Form 76 --10A reflecting Amendment i to your award number EMT - 2014- FM -E001. The purpose of this amendment is to coiTect the period of performance -on the official agreement articles. Your PARS Grant Payment Account will be adjusted accordingly. By accepting this award you assume certain administrative and financial responsibilities including the timely submission of all financial and programmatic reports, resolution of all interim audit findings and the maintenance of a minimum level of cash on hand. Should you not adhere to these responsibilities, you will be in violation of the terms of this award. If you have any questions regarding this matter, please call Marty Chester at 940 - 898 -5216. Sincerely, // signed // Michael J Brown Assistance Officer Subgrant Description Number Condition FMA -PJ- Executive Order Applicant must prepare and provide Public Notice in line with 44 CFR 05 -TX- 11988 - Floodplains Part 9.12(e) issued 15 days prior to the start of construction of any final 2013 -001 decision where proposed floodplain or wetland project is the only (0) practicable alternative. Resource Unusable equipment, debris and material shall be disposed of in an Conservation and approved manner and location. In the event significant items (or evidence Recovery Act, aka thereof) are discovered during implementation of the project, applicant Solid Waste shall handle, manage, and dispose of petroleum products, hazardous Disposal Ac. materials and toxic waste in accordance to the requirements and to the (RCRA) satisfaction of the governing local, state and federal agencies. Executive Order Applicant must comply with the appropriate local floodplain management 11988 - Floodplains ordinance or best available data as defined by Preliminary Flood Insurance Rate Map (FIRM) panel 48201C1090M, dated 312912013, TWDB Contract No, 1300011734 Bxliibit A, Page 2 of 25 whichever is more restrictive. Applicant must coordinate with the local floodplain administrator and obtain any 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. All coordination pertaining to these activities and applicant compliance with any conditions should be documented and copies forwarded to the state and FEMA for inclusion in the permanent project files. National Pistoric In the event that archeological deposits (soils, features, artifacts, other Preservation Act remnants of human activity) are uncovered during the project the (NHPA) applicant shall stop aft work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds. The applicant will inform the Texas Division of Emergency Management (TDEM) immediately and will secure all archeological findings and restrict access to the area. TDEM shall notify FEMA and FEMA will consult with SHPO, THPO, or Tribal representatives. Work in sensitive areas cannot resume until consultations are completed or until an archeologist who meets Secretary of the Interior (SOI) Professional Qualifications determines the extent of the discovery. Work may not resume at or around the delineated archeological deposit until the applicant is notified by TDEM. 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 I VDD Contract No. 130001 I734 Exhibit A, Page 3 of 25 applicant must comply with all federal, state and local abatement and disposal requirements under the National Emissions Standards for Hazardous Air Pollutants (NESHAP). FMA -PJ- Resource Unusable equipment, debris and material shall be disposed of in an 06 -TX- Conservation and approved manner and location. In the event significant items (or evidence 2013 -005 Recovery Act, aka thereof) are discovered during implementation of the project, applicant (0) Solid Waste shall handle, manage, and dispose of petroleum products, hazardous Disposal Act materials and toxic waste in accordance to the requirements and to the (RCRA) satisfaction of the governing local, state and federal agencies. OTHER (enter If any asbestos containing materials, lead based paint and/or other specifics in hazardous materials are found during remediation or repair activities, the comments) applicant must comply with all federal, slate and local abatement and disposal requirements under the National Emissions Standards for Hazardous Air Pollutants (NESHAP). National Historic In the event that archeological deposits (soils, features, artifacts, other Preservation Act remnants of human activity) are uncovered during the project the (NHPA) applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds. The applicant will inform the Texas Division of Emergency Management (TDEM) immediately and will secure all archeological findings and restrict access to the area. TDEM shall notify FEMA and FEMA will consult with SHPO, THPO, or Tribal representatives. Work in sensitive areas cannot resume until consultations are completed or until an archeologist who meets Secretary of the Interior (SO[) Professional Qualifications determines the extent of the discovery. Work may not resume at or around the delineated archeological deposit until the applicant is notified by TDEM. FMA -PJ- Resource Unusable equipment, debris and material shall be disposed of in an 06 -TX- Conservation and approved manner and location. In the event significant items (or evidence 2013 -006 Recovery Act, aka thereof) are discovered during implementation of the project, applicant (0) Solid Waste shall handle, manage, and dispose of petroleum products, hazardous Disposal Act materials and toxic waste in accordance to the requirements and to the (RCRA) satisfaction of the governing local, state and federal agencies. Executive Order Applicant must comply with the appropriate local floodplain management 11988 - Floodplains ordinance or best available data as defined by Preliminary Flood Insurance Rate Map (FIRM) panel 4836100160D, dated 08/30/2012, whichever is more restrictive. Applicant must coordinate with the local floodpiain administrator and obtain any required permits prior to initiating work. All coordination pertaining to these activities and applicant compliance with any conditions should be documented and copies forwarded to the state and FEMA for inclusion in the permanent project files. FMA -PJ- National Historic In the event that archeological deposits (soils, features, artifacts, other 06 -TX- Preservation Act remnants of human activity) are uncovered during the project the 2013 -007 (NHPA) applicant shall stop aff work immediately in the vicinity of the discovery I VDD Contract No. 130001 I734 Exhibit A, Page 3 of 25 LN Clean Water Act (CWA) Resource Conservation and Recovery A.ct, aka Solid Waste Disposal Act (RCRA) FMA -PJ- Resource 06 -TX- Conservation and 2013 -010 Recovery Act, aka (0) Solid Waste: Disposal Act (RCRA) Executive Order 1 1990 - Wetlands OTHER (enter specifics in comments) Executive Order 11988 - Floodplains FMA -PJ- Executive Order 06 -TX- 11988 - Floodplains 2013 -011 (0) OTHER (enter specifics in comments) Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA) Executive Order 11988 - Floodplains and take reasonable measures to avoid or minimize harm to the finds. The applicant will inform the Texas Division of Emergency Management (TDEM) immediately and will secure all archeological findings and restrict access to the area. TDEM shall notify FEMA and FEMA will consult with SHPO, THPO, or Tribal representatives. Work in sensitive areas cannot resume until consultations are completed or until an archeologist who meets Secretary of the Interior (SOI) Professional Qualifications determines the extent of the discovery. Work may not resume at or around the delineated archeological deposit until the applicant is notified by TDEM. Applicant must coordinate with Texas Commission on Environmental Quality (TCEQ) before the start of construction to obtain any stormwater permits and must comply with all permit conditions. 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. 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. The applicant shall ensure that best management practices are implemented to prevent erosion and sedimentation to surrounding, nearby or adjacent wetlands. This includes equipment storage and staging of construction to prevent erosion and sedimentation to ensure that wetlands are not adversely impacted per the Clean Water Act and Executive Order 11990. 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 focal abatement and disposal requirements under the National Emissions Standards for Hazardous Air Pollutants (NESHAP). Applicant must coordinate with the local floodplain administrator and obtain required permits prior to initiating work. All coordination pertaining to these activities and applicant compliance with any conditions should be documented and copies forwarded to the state and FEMA for inclusion in the permanent project files. Applicant must prepare and provide Public Notice in line with 44 CFR Part 9.12(e) issued 15 days prior to the start of construction of any fina'. decision where proposed floodplain or wetland project is the only practicable alternative. 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). 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. Applicant must comply with the appropriate local floodplain management ordinance or best available data as defined by Preliminary Flood Insurance Rate Map (FIRM) panels 48167C0038G; 48167C0039G; 48167C0041G; 48167CO207G; 48167CO228G; and 48167CO230G dated 9/2712012 and 48201C1 070M, dated 3/29/2013, whichever is more restrictive. Applicant must coordinate with the local floodplain administrator and obtain any 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. All coordination pertaining to these activities and applicant compliance with any conditions should be documented and copies forwarded to the state and FEMA for inclusion in the permanent project TWD13 Contract No. 1300011734 Exhibit A, Page 4 of 25 tiles, Executive Order The applicant shalt ensure that best management practices are 11990 - Wetlands implemented to prevent erosion and sedimentation to surrounding, nearby or adjacent wetlands. This includes equipment storage and staging of construction to prevent erosion and sedimentation to ensure that wetlands are not adversely impacted per the Clean Water Act and Executive Order 11990. www.fema.gov TWDB Contract No. 1300011734 Exhibit A, Page 5 of 25 'Rk.SABThirti. t f x ti; July 21, 2014 Ms. Kathy C. flopkins SRL Lead - Mitigation Specialist Texas Water Development Board 1700 North Congress Avenue P.O. Box 1323 -1 Austin, TX 78711-3231 Dear Ms. Hopkins, U. S. Department or Homeland Security Fly . MA Region 6 800 North Loop 288 Denton, '1'X 76209 -3698 FEMA The Federal Emergency Managernent Agency (FEMA) sent an executed copy of FEMA Form. 76 -10A reflecting Arntendtnent 1'to award number EMT - 2014 -FM- -,001, which includes projects FMA- PJ- 06- TX-2013 -001 City of Nassau Bay Elevation; FMA- PJ- 06 -TX- 2013 -005 City of Beaumont Acquisition Demolition; and FMA.- .l'J -06 -TX -2013 -007 Jefferson County Drainage District No. 6 Cherokee Drainage Project. That award letter outlined grant requirements including proJec.tr zxipleznentatiott,conditions that,. resulted, from FEMA':s,environanental and historic preservation review. The Texas Water Development Board (TWDB) brought it to FEMA's attention that the language in some of the project conditions was inaccurate in that it referenced the Texas Division of Emergency Management (TDEM) as the grantee rather than TWDB. This is a'znistake on FEMA. °s pant. For these three grants, the language in the condition under the National_ Historic Preservation Act should read;; "In the event that archeological deposits (soils, features; artifacts, other rerananis of human, activity) are uncovered during the project the applicant shall stop all. work imrhediately in the vicinity of the discovery and take reasonable measures to avoid or.minirnize harm to the finds. The applicant: will inform the. Texas Water Development Board (TWDB) immediately and will secure•all archeological findings and restrict access to the area. TWDB shall notify FEMA and FEMA will consult with SHPO, T'HPO, or Tribal representatives, Work in sensitive areas cannot resume until consultations are completed or until an archeologist who meets Secretary of the Interior (SOI) Professional Qualifications determines the extent of the discovery. Work may not resume at or around the delineated archeological deposit until the applicant is notified by T"11" TWDB Contract No. 1300011734 Exhibit A, Page 6 of 25 Ms. Hopkins July 21, 2014 Page 2 FEMA apologizes. for this error in the award documents and please accept this letter as an official correction of this error and any misunderstanding of the responsible parties outlined in the grant requirements. Sincerely, Kearin , a es, Regional Environmental Officer FEMA Region 6 ec; Marty (:pester, Hazard Mitigation Specialist, FEMA Region 6 Michael Brown, Assistance Officer, Grants Management Division, FEMA Region 6 TWDB Contract No. 1300011734 Exhibit A, Page 7 of 25 , ) 4 ro i, i l s. 1I N N lil Z co O 777E i. Q p I° ° .0 N f U. N II ; j; Z o I 0 OLL II;,7 J ii `° j 0 CO i I p00 f li I o o! w w IIII `I{ a i s FO- M U Z () r �I i !Ii 1 �O w I a j Z O- I; p i uj co CO z co C4 CN Ii I; ❑ t1 [L 12111 jI o0 W I >- i a slit ' °� i cD coo i Q O o W a! 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O N O� 00 v'i O\ .-• kn O Cl O M w v1 N U w 00 0 000 O t-- O O O C�l O 0 O 0 O 0 0o oc O O O LT v t1 O O O O O C� M CT L� w �f O C� co cd rx ro f�l z 0 p o � °0 0 a> as �a 0 0 0 b nq ro a� �••� p H Y ;a v� O O O O OO y 0 Mu•.UUUU,u. p 0 0 c 0 0 M M 0 ;.° M M M M CnC8r 0 0 0 0 0 �, O O O O O p �wa.c?,aanw O C� M CT L� w �f O C� co cd rx cS, f�l °0 0 a> �a b o ;a v� FY 2013 FLOOD MITIGATION ASSISTANCE PROGRAM GRANT AGREEMENT ARTICLES FLOOD MITIGATION ASSISTANCE GRANT AGREEMENT ARTICLES CFDA# 97.029 GRANTEE: Texas Water Development Board AGREEMENT NUMBER: EMT - 2014- FM -EOO I AMENDMENT NUMBER: 1 DESIGNATED AGENCY: Texas Water Development Board PERFORMANCE PERIOD: July 19, 2013 through January 9, 2017 GENERAL INFORMATION: The FLOOD MITIGATION ASSISTANCE (FMA) grant program provides funding to States, Territories, Indian Tribal governments and communities to assist in their efforts to reduce or eliminate the risk of repetitive flood damage to buildings and structures insurable under the National Flood Insurance Program (NFIP), ARTICLE I. FEMA AUTHORITY The United States of America through the Department of Horneland Security's Federal Emergency Management Agency (FEMA), hereinafter referred to as "the Grantor," agrees to grant to the State /Indian Tribal or Territory government, through its designated agency named above, hereinater referred to as "the Grantee," funds in the amount specified on the obligating document, to support the FLOOD MITIGATION ASSISTANCE Grant Program, authorized under Sections 1361(A) (42 U.S.C,. 4104e), of the National Flood Insurance Act of 1968 (42 U.S.C. 4001, et seq. -- the "NFIA "' or "the Act "), as amended by the National Flood .Insurance Reform Act of 1994 (NFIRA), Public Law 103 -325 and the Bunning - Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108 -264. TWDB Contract No. 1300011734 Exhibit A, Page 11 of 25 The Grantee agrees to abide by the Grant terms and conditions as set forth in this document. ARTICLE IL PROJECT DESCRIPTION The Grantee shall perform the work described in the application package and made a part of these Grant Agreement Articles. ARTICLE III. PERIOD OF PERFORMANCE The initial performance period for the Grantee shall be equal to the longest performance period of the su.bgrantee awards. The period of performance shall be July 19, 2013 through January 9, 2017. All costs must be incurred during the period of performance unless pre - award costs are approved. ARTICLE IV. AMOUNT AWARDED This Grant Award is for the administration and completion of an approved FLOOD MITIGATION ASSISTANCE Project. Funds approved under this Grant may not be used for other purposes. If costs exceed the - amount of FEMA hinding approved, then the Grantee shall pay the costs that are in excess of the approved budget. The approved budget for this Grant Award by category is available in the cost estimate section of each subgrant application. The Grantee shall follow regulations found in Title 44 Code of Federal Regulations (CFR) Part 13, Uniform .Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, Office of Management and Budget Circulars A -102 and A -87, and program guidance to implement this Grant Award. ARTICLE V. COST -SHARE The cost -share requirement for this award is noted on each subgrant cost estimate. No more than half of the non- Federal share can be provided as in -kind contributions from third parties. The FMA program offers up to 90% Federal cost -share funding for properties that are designated as Severe Repetitive Loss where the Grantee also maintains a FEMA - approved Standard or Enhanced Mitigation Plans or Tribal plan that includes a strategy for mitigating existing and future SRL properties. The cost -share for FMA is governed by 44 CFR Part 79.4(c). ARTICLE VI. FEMA OFFICIALS FEMA officials are as follows: TWDB Contract No. 1300011734 Exhibit A, Page 12 of 25 `The Project Officer shall be an official at the FEMA Regional Office who will be responsible for the monitoring of the activities as described in the application. The Project Of -wer is: Marty Chester The Assistance Officer is the FEMA official who has full authority to negotiate, administer and execute all business matters of the Grant. The Assistance Officer is: Michael J. Brown ARTICLE VII. TERMS AND CONDITIONS The specific terms and conditions of this agreement are as follows: ASSURANCE COMPLIANCE: The certifications signed by the Grantee in the application relating to maintenance of a Drug - Free Workplace (44 CFR Part 17, Subpart F) and New Restrictions on Lobbying (44 CFR Part 18) apply -to th.s grant agreement and are incorporated by reference. , Prohibition ort Using Federal Funds. The recipient understands and agrees that it cannot use any Federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at anyl.evel of government, without the express prior written approval of FEMA. Compliance with Program Guidance. The recipient agrees that all use of funds under this Grant will be in accordance with the Unified Hazard. Mitigation Assistance Guidance at the time of the application. BUDGET REVISIONS: The Grantee shall follow prior approval requirements for budget revisions found in 44 CFR 13.30. Transfer of funds between total direct cost categories in the approved budget shall receive the prior approval of FEMA when such cumulative transfers among those direct cost categories exceed ten percent of the total budget. If a Grantee estimates that it will have obligated funds remaining after the end of the performance period, the Grantee must report this to the FEMA Regional Office at the earliest possible time and ask for disposition instructions. Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an TWD13 Contract No. 1300011734 Exhibit A, Page 13 of 25 award has been made, including changes to period of performance or terms and conditions; recipients will be notified of the changes in writing. Once notification has been made, any subsequent drawdown of additional funds will indicate recipient acceptance of the changes to the award. CLOSEOUT: Reports Submission: Per 44 CFR :f 3.50, when the appropriate grant award performance period expires, the Grantee shall submit the following documents within 90 days: (1) a final Financial Report (2;) final program performance report; (3) an inventory of equipment purchased under each grant's funds; (4) an inventory of Federally -owned property; and (S) other required documents specified by program regulation. Report Acceptance: FEMA shall review the Grantee reports, perform the necessary financial reconciliation, negotiate necessary adjustments between the Grantee and FEMA's records, and closeout the grant in writing. Record Retention: Records shall be retained for 3 years (except in certain rare circumstances described in 44 CFR 13.42) from the date the final financial status report closing out the grant is submitted to FEMA in compliance with 44 CFR 13.42. CONSTRUCTION PROJECT REQUIREMENTS: 1. Acceptance of Federal funding requires FEMA, the Grantee and any Subgrantees 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 envirornnental permits and clearances may jeopardize Federal funding. 2. Any change to the approved scope of work will require re- evaluation by FEMA for Grantee and Subgrantee compliance with the National Environmental Policy Act and other laws and Executive Orders. 3. If ground disturbing activities occur during construction, the Grantee and any Subgrant:ees must ensure monitoring of ground disturbance and, if any potential archeological resources are discovered, the Subgrantee will immediately cease construction in that area and notify the Grantee and FEMA. COPYRIGHT: The Grantee is free to copyright any original work developed in the course of or under this Grant. FEMA reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use the work for Government purposes. Any publication resulting from work performed under this agreement shall include an acknowledgement of FEMA financial support and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA views. COST - SHARE:: The Grantee shall .follow cost - sharing requirements mandated by program guidance, statute or regulation and in compliance with 44 CFR 13.24. Cost -share funding shall be available with TWDB Contract No. 1300011734 Exhibit A, Page 14 of 25 the approval of each grant. Period of Performance extensions shall not be approved fer delays caused by lack of cost -share funding. ENFORCEMENT: FEMA enforcement remedies shall be processed as specified in 44 CPR 13.43, which provides for enforcement when the Terms and Conditions of this Grant are not met. EQUIPMENT /SUPPLIES: The Grantee must comply with the regulations listed in 44 CFR 13.32, Equipment, 44 CFR 13.33 Supplies, and 44 CFR 13.36 Procurement, and must be in compliance with state laws and procedures. FUNDS TRANSFER: No transfer of �umds to agencies other than those identified in the approved Grant shall be made without prior approval of FEMA. INSURANCE: In compliance with Public Law 103 -325, Title V National Flood Insurance Reform Act of 1973, section 582 requires that any person receiving Federal assistance for the repair, replacement, or restoration for damage to any personal or residential property at any time must maintain flood insurance if the property is located in a Special Flood Hazard Area, PAYMENT: Grantee shall be paid using the FEMA Payment and Reporting System (PARS), provided Grantee maintains and complies with procedures for minimizing the time between transfer of funds from the US Treasury and disbursement by the Grantee and sub grantees. The Grantee commits itself i.o: 1) initiating cash draw downs only when actually needed for its disbursement; 2) timely financial reporting per FEMA requirements, using the SF -425 or equivalent repert., and 3) imposing the same standards of timing and amount upon any secondary Grantee. Subgrantees must: comply with the same payment requirement as the Grantee and must comply with the requirements specified in the Grantee's subgrant Agreement. DUPLICATIONT OF PROGRAMS: FEMA will not provide assistance under its programs for activities that FEMA determines another Federal program has a more specific or primary authority to provide. FEMA also will not provide assistance for the applicant or subapplicant's legal obligations. FEMA may disallow or recoup amounts that duplicate other authorities. DUPLICATION OF BENEFITS: Hazard Mitigation Assistance (HMA) funds cannot duplicate or be duplicated by funds received by or available to Applicants, subapplicants, or project or plannung participants from other sources for the same purpose, such as benefits received from insurance claims, other assistance prog;:-ams (including previous project or planning grants and subgrants from HMA programs), legal awards, or other benefits associated with properties or damage that are or TWDB Contract No. 1300011734 Exhibit A, Page 15 of 25 could be subject of litigation. Because the availability of other sources of mitigation grant or loan assistance is subject to available information and the means of each individual applicant, HMA does not require proof that other assistance (not including insurance) has been sought. However, it is the responsibility of the property owner to report other benefits received, any applications for other assistance:, the availability of insurance proceeds, or the potential for other compensation, such as from pending legal claims for damages, relating to the property. Amounts of other grants, loans or other assistance designated for the same purpose as HMA funds, if received, may be used to reduce the non - Federal cost - share. Where the property owner has an insurance policy covering any loss to the property which relates to the proposed HMA project, the means are available for receiving compensation for a loss or, in the case of increased cost of compliance (ICC), assistance toward a mitigation project. FEMA will generally require that the property owner file a claim prior to the receipt of HMA funds. NON DISCRIMINATION: The.program must be administered in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, or economic status. The program complies with Title VI of the 1964 Civil Rights Act and other applicable laws. All applicants /Grantees must comply with Title VI, including State and local governments distributing Federal assistance. AppIicants/Grantees and subapplicants /subgrantees will ensure that no discrimination is practiced. Applicants must consider fairness, equity, and equal access when prioritizing and selecting project subappiications to submit with their application. Subapplicants and subgrantees must ensure fairness, equity and equal access when consulting and making offers of mitigation to property owners that benefit from mitigation activities. CHANGES IN SCOPEOF 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 FEM -A's discretion, and there is no guarantee that SOW changes will be approved. TWD13 Contract No, 1300011734 Exhibit A, Page 16 of 25 PERFORMANCE PERIODS: Program /Project'subgrant Approval and/or Awards: All grant award activities, including all projects and /or activities approved under each subgrant award, shall be completed within the time period prescribed and authorized on the obligating documents. All costs must be incurred within the approved performance period or be approved pre -award costs. EXTENSIONS: Requests for time extensions to the Period of Performance will be considered but will not be granted automatically and must be supported by adequate justification submitted to the Regional Office in order to be processed. This justification is a written explanation of the reason or reasons for the delay; an outline of remaining funds available to support the extended Period of Perfonnance; and a description of performance measures necessary to complete the activity. Without justification, extensions requests will not be processed. Financial and progress reports must be current in order for a time extension to be considered. RECOUPMENT OF FUNDS: FEMA will recoup mitigation planning grant funds for grants that do not meet the deliverable criteria of an adopted, FEMA- approved mitigation plan by the end of the performance period. RECOVERY OF FUNDS: The Grantee will process the recovery of assistance paid to subgrantees processed through error, misrepresentation, or fraud or if funds are spent inappropriately. Recovered funds shall be submitted to FEMA as soon as the funds are collected, but no later than 90 days from the expiration date of the appropriate grant award agreement. All fraud identifications will be reported to the FEMA Inspector General's office. The Grantee agrees to cooperate with investigation conducted by the FEMA Inspector General's office. REFUND, REBATE, CREDITS: The Grantee shall transfer to FEMA the appropriate share, based on the Federal support percentage, of any refund, rebate, credit or other amounts arising from the performance of this agreement, along with accrued interest, if any. The Grantee shall take necessary action to effect prompt collection of all monies due or which may become due and to cooperate with FEMA in any claim or suit in connection with amounts due. REPORTS: Federal Financial Reports (SF -425) — Required Quarterly. The recipient shall submit the Federal Financial Report (FFR, SF -425) within 30 days of the end of the first .Federal quarter following the initial Grant Award. The recipient shall submit quarterly FFRs thereafter until the grant ends. Reports are due on January 30, April 30, July 30, and October 30. A report must be submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity TWDB Contract No. 1300011734 Exhibit A, Page 17 of 25 occurs. Future awards and fund draw downs may be withheld if these reports are delinquent. The final FFR is due 90 days after the end date of the performance period.. Performance Report: The Grantee shall submit perfonnance reports to the FEMA Regional Office within 30 days after end of each quarter. The report shall consist of a comparison of actual accomplishment to the approved activity objectives. The Regional Administrator may waive the initial report. The Grantee shall submit quarterly perfonnance reports thereafter until the grant ends. Reports are due January 30, April 30, July 30, and October 30, Quarterly performance report shall report the name, completion status, expenditure, and payment -to -date of each approved activity /sub -grant award under the Grant Award. Final Reports: The Grantee shall submit a final FFR and Performance Report 90 days after the end date of the performance period. TERMINATION: The Grantee, subgrantee, or FEMA may terminate grant award agreements by giving written notice to the other party at least seven (7) calendar days prior to the effective date of the termination. All notices are to be transmitted via registered or certified mail, return receipt requested, The Grantee's authority to incur new costs will be terminated upon the date of receipt of the notice or the date set forth in the notice. Any costs incurred up to the earlier of the date of the receipt of the notice or the date of termination set forth in the notice will be negotiated for final payment. Closeout of the Grant will be commenced and processed as prescribed under Article VII. 3. ARTICLE 14II. GOVERNING PROVISIONS The Grantee and any sub- grantees shall comply with all applicable laws and regulations. A non - exclusive list of laws and regulations commonly applicable to FEMA grants is attached hereto for reference only. The Grantee and any subgrantees shall also be bound by the Program Guidance document. The following Office of Management and Budget circulars and Code of Federal Regulations are also applicable to this Grant Award: 2 CFR 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A -102 Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments 2 CFR 225 Cost Principles for State and Local Governments (formerly OMB Circular A- 87) TWDB Contract No. 1300011734 Exhibit A, Page 18 of 25 2 CFR 220 Cost Principles for Educational Institutions OMB Circular A -133 Audits of States, Local Governments, and Non -Profit Organizations Commonly Applicable Statutes and Regulations Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities Sections 1361(A) (42 USC 4104c), of the National Flood Insurance Act of 1968 (42 U.S.C. §4001, et seq. — the "NFIA" or "the Act "), as amended by the National Flood Insurance Reform Act of 1994 (NFIRA), Public Law 103 -325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108 -264 Title 44 of the Code of Federal Regulations (CPR) 44 CFR Part 79 -Flood Mitigation Grants 44 CFR Part 80- Property Acquisition and Relocation for Open Space 44 CFR Part 9- Floodplain Management and Protection of Wetlands 44 CFR fart 10- Environmental Considerations 44 CFR Part 13- Uniform Administrative Requirements for Grants and Cooperative Agreements *o State and Local Governments 31 CFR Part 205 -Rules and Procedures for Efficient Federal -State Funds Transfers 2 CFR 225- (OMB Circular A -87) -COST PRINCIPLES FOR STATE, LOCAL, AND INDIAN TRIBAL GOVERNMENTS 2 CFR Para. 230 (OMB Circular A -122)- COST PRINCIPLES FOR NON - PROFIT ORGANIZATIONS 48 CFR Part 31.2 (FAR) TWDB Contract No. 1300011734 Exhibit A, Page 19 of 25 Cost Review (Grants) FMA- PJ- 06 -TX- 2013 -005 (0): City of Beaumont FMA Acquisition [EMT- 2014- FM -E001 (0 )) Revision History , u;tfon ofl?rivate:Real Pro" ert Stru tLErPS and: Land Riverine Cost Type:' ` Item Name „ ,Office'- (1nit Eigible Quantity Un1t of :? Measure iJnit Cost ,." Total Cost -: Administrative Expense Ij Appraisals Applicant N/A 3 EA # $500.00 $1,500.00 Program 3 EA $500.00 $1,500.00 Grants i EA 500.00 -. $ 1 500.00 Administrative Expense Buyout Rep Fee Applicant NIA 3 EA $1,200.00 $3,600.00 Program r 3 EA $1,200.0 $3,600.00 Grants EA $ 1200.00 3600.00 Administrative Expense Settlement Expenses Applicant N/A 3 EA $2,000.00 $6,000.00 Program 3 EA $2,000.00 $6,000.00 Grants F EA - -- $200® 6000.00 Administrative Expense Administrative Expense w S ibapplicant Management Fee Tenant Relocation Buyout Rep Fee Applicant NIA 1 EA $12,000.00 $12,000.00 Program 1 EA $12,000.00 $12,000.00 Grants Applicant F N/A 32 EA EA $ - $1,200.00 12000 00 $38,400,00 Program F7 32 EA $1,200.00 $38,400.00 Grants I 32 In Fi, .,.. EA 1200 00 $ - .__,., ° ..._.. ® $ 38400 OD,..; r Demolition And Removal Demolition And Removal Demolition And Removal Demolition of 2505 Svveefgum - Bldg A u Demolition of 2505 Smfeetgum - Bldg B Demolition of 2505 Sweetgum - Bldg C Applicant N/A 4680 SF $2.60 $'2,168.00 Program F: 4680 SF $2.60 $12,168.00 Grants Applicant F1"; 4680 JSF NIA I 9900 SF $ 2.66 Ir $2.60 .r 12166.00 ' $25,740.00 Program r 9900 SF $2.60 $25,740.00 Grants Applicant Program F'. 9960 NIA 4680 F 4680 1 SF SF SF $ 2.60 ___._._- $2.601 $2.60 25740,00 ' $12,168.06 $12,168.00 TWDB Contract No. 1300011734 Exhibit A, Page 20 of 25 Proposed Total Cost (A): $965,626.00 Proposed Federal Share % (B): 100.0DOOD000% Proposed Federal Share (C = A " B): $965,626.00 Proposed Non Federal Share (A- C): $0.00 • Total Eligible Cost (D): $965,626.00 • Total Ineligible Cost (E = A - D): $0.00 • Eligible Federal Share (F = D " B): $965,626.00 • Eligible Non - Federal Share (G = D - $0,00 F): ` Calculated based on the Eligible Cost (Grants) numbers. 'TWDB Contract No. 1300011734 Exhibit A, Page 21 of 25 Grants F680 SF $ 2168.00 Applicant NIA 31EA $350.00 $1,050.00 Program 3 EA $350.00 $1,050.00 Demolition And Environmental Grants 3 EA 350.00 $ _.._ _. $ 1050.00 Removal Inspections (Asbestos) Applicant NIA 1 EA $170,000.00 $170,000.00 Land, Structures, Mitigation offer amount for Program 1 EA $170,OOD.00 $170,000.00 Grants r IF- x JEA 170000.00 $- $ 170000.00 I Right -of -way 2505 Sweetgum - Bldg A NIA 1 EA $340,000.00 $340,000.00 HPogra �, 1 EA $340,000.00 $340,000.00 Land, Structures, Mitigation offer amount for Grants r £A 340000.00 $ $ 340000.00 Right -of -way 2505 Sweetgum - Bldg B Applicant NIA 1 EA $170,000.00 $170,000.00 Program 1 EA $170,000.00 $170,000.00 Land, Structures, Mitigation offer amount for Grants �✓ 7 °° 1 -- - - - -- - EA 170000.00 - ` $ $ 170000.00 -, Right -of -way 2505 Sweetgum - Bldg C _ Applicant NIA 32 EA $5,250,OD $168,000.00 -F Program 7l 32 EA $5,250.00 $168,000.00 Land, Structures, tenant Relocation Grants (✓.._.. i 2 _, EA 5250.00 $ 8 ^`^`168000 Right -of -way i Assistance Applicant N/A 1 EA $5,000.00 $5,000.00 Program i EA $5,000.00 $5,000.00 i Preliminary Expense Application Development Grants [y 1 - - - -- EA __..�___ 5 000 00 $ ° -- $ 5000.00 Proposed Total Cost (A): $965,626.00 Proposed Federal Share % (B): 100.0DOOD000% Proposed Federal Share (C = A " B): $965,626.00 Proposed Non Federal Share (A- C): $0.00 • Total Eligible Cost (D): $965,626.00 • Total Ineligible Cost (E = A - D): $0.00 • Eligible Federal Share (F = D " B): $965,626.00 • Eligible Non - Federal Share (G = D - $0,00 F): ` Calculated based on the Eligible Cost (Grants) numbers. 'TWDB Contract No. 1300011734 Exhibit A, Page 21 of 25 05/05/2014 FEDERAL EMERGENCY MANAGEMENT AGENCY REC -01 19:19:59 RECORD OF ENVIRONMENTAL CONSIDERATION REPORT(REC) Project ID: FMA- PJ -06 -TX -2313 -005 (0) Title: City of Beaumont FMA Acquisition NEPA DETERMINATION Non Compliant Flag: No EA Draft Date: EA Final Date: EA Public Notice Date: EA Fonsi Date: Level: CATEX EIS Notice of Intent Date: EIS ROD Date: Comments: Under this FEMA FMA grant, the City of Beaumont proposes to acquire and demolish three apartment buildings within a single complex. The properties will remain as open space in perpetuity. 2505 Sweetgum, Beaumont, Jefferson County, Texas, Building A: (Latitude: 30.09777; Longitude: - 94.12615); Building B: (Latitude: 30.09777; Longitude: - 94.12615); and Building C: (Latitude: 30.09777; Longitude: - 94.12615). 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 44 CFR Part 10.8(d)(2)(vii). 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. - dweir - 05/05/2014 14:07:56 GMT CATEX CATEGORIES Catex Category Code Description Selected vii (v)i) The acquisition of properties and the associated demolitiontremoval or Yes relocation of structures under any applicable authority when the acquisition is from a willing seller, the buyer coordinated acquisition planning with affected authorities, and the acquired property will be dedicated in perpetuity to uses that are compatible with open space, recreational, or wetland practices. EXTRAORDINARY CIRCUMSTANCES Extraordinary Circumstance Code ENVIRONMENTAL LAW/ EXECUTIVE ORDER Description No Extraordinary Circumstances were selected Environmental Law1 Executive Order Status Description Clean Air Act (CAA) Completed Project will not result in permanent air emissions - Review concluded Coastal Barrier Resources Act Completed Project is not on or connected to CBRA Unit (CBRA) or otherwise protected area - Review concluded Clean Water Act (CWA) Completed Project would not affect any water of the U.S. - Review concluded Comments Selected 7 NOTE: All times are GMT using a 24 -hour clock. "rWDB Contract No. 1300011734 Page 1 of 4 Exhibit A, Page 22 of 25 D5/05/2014 FEDERAL EMERGENCY MANAGEMENT AGENCY 19:19:59 RECORD OF ENVIRONMENTAL CONSIDERATION REPORT(REC) Project ID: FMA- PJ -06 -TX -2013 -005 (0) Title: City of Beaumont FMA Acquisition Environmental Law/ Executive Order Status Description Coastal Zone Management Act Completed Project is located in a coastal zone area (CZMA) and/or affects the coastal zone Completed State administering agency does not require consistency review - Review concluded Comments REC -01 Based on consultation with Texas General Land Office (GLO) and review of Coastal Coordination Council (CCC) General Concurrence #5, FEMA has determined that this project is deemed consistent with the goals and policies of the Texas Coastal Management Program (CMP) and consistency review procedures as implemented by the GLO. - dweir - 05/0512014 14:10:57 GMT Executive Order 1.988 - Completed No effect on floodplaln /flood levels and Per Flood Insurance Rate Map (FIRM) panel Floodplains project outside floodplain - Review concluded 4854570035C, dated 08106/2002, the project is located outside the 100 year flood zone and the activity does not adversely affect floodplain values. - dweir - 0510512014 14:12:57 GMT Executive Order 1 199D - Completed No effects on wetlands and project outside A review of the National Wetland Inventory Wetlands wetlands - Review concluded (NWI) online mapper, accessed on May 5, 2014, for the site indicates that the area is not located within nor does it affect a designated wetland. - dweir - 05/05/2014 14:13:09 GMT Executive Order 1 '2898 - Completed Low income or minority population in or near Environmental Justice for Low project area Income and Minority Populations Completed No disproportionately high and adverse impact on low income or minority population - Review concluded Endangered Species Act (ESA) Completed Listed species and /or designated critical habitat present in areas affected directly or indirectly by the federal action Completed No effect to species or designated critical habitat (See comments for justification) - Review concluded Farmland Protection Policy Act Completed Project does not affect designated prime or (FPPA) unique farmland - Review concluded Fish and Wildlife Coordination Completed Project does not affect, control, or modify a Act (FWCA) waterway /body of water - Review concluded Migratory Bird Treaty Act (MBTA) Completed Project located within a flyway zone NOTE: All times are GMT using a 24 -hour clock. `I'WDB Contract No. I300011734 Page 2 of 4 Exhibit A, Page 23 of 25 05/05/2014 FEDERAL EMERGENCY MANAGEMENT AGENCY REC -01 9:19:59 RECORD OF ENVIRONMENTAL CONSIDERATION REPORT(REC) Project ID: FMA- PJ- 06 -TX- 2013 -005 (0) Title: City of Beaumoni FMA Acquisition Environmental Law/ Executive Order Status Description Comments Completed Project does not have potential to take migratory birds - Review concluded Magnuson- Stevens Fishery Completed Project not located in or near Essential Fish Conservation and Management Habitat - Review concluded Act (MSA) National Historic Preservation Act Completed Standard Section 106 review FEMA has determined that there will be no effect (NHPA) to historic properties. SHPO concurrence with this determination was received, dated 919612013. Letters sent to Kiowa Tribe of Oklahoma and Tonkawa Tribe of Oklahoma on 41412014. No responses received by the date of this REC. - dweir - 0510.512014 14:08:37 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/THPD concurrence attached) - Review concluded Completed Project affects only previously disturbed ground - Review concluded OTHER (enter specifics in Completed Review concluded National Emissions Standards for Hazardous Air comments) Pollutants (NESHAP). - dweir - 05/05/2014 14:11:59 GMT Resource Conservation and Completed Review concluded Recovery Act, aka Solid Waste Disposal Act (RCRA) Wild and Scenic Rivers Act (WSR) CONDITIONS Completed Project is not along and does not affect Wild and Scenic River - Review concluded Special Conditions required on implementation of Projects: In the event that archeological deposits (soils, features, artifacts, other remnants of human activity) are uncovered during the project the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds. The applicant will inform the Texas Division of Emergency Management (TDEM) immediately and will secure all archeological findings and restrict: access to the area. TDEM shall notify FEMA and FEMA will consult with SHPO, THPO, or Tribal representatives. Work in sensitive areas cannot resume until consultations are completed or until an archeologist who meets Secretary of the Interior (S01) Professional Qualifications determines the extent of the discovery. NOTE: All times are GMT using a 24 -hour clock. rWDB Contract No, 1300011734 Page 3 of 4 Exhibit A, Page 24 of 25 05/05/2014 FEDERAL EMERGENCY MANAGEMENT AGENCY 19:19:59 RECORD OF ENVIRONMENTAL CONSIDERATION REPORT(REC) Project ID: FMA- PJ- 06 -TX- 2013 - 005 (0) Title: City of Beaumont FMA Acquisition Work may not resume at or around the delineated archeological deposit until the applicant is notified by TDEM. Source of condition: National Historic Preservation Act (NHPA) REC -01 Monitoring Required: No If any asbestcs containing materials, iead 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). Source of condition: OTHER (enter specifics in comments) Monitoring Required: No Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, applicant shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. Source of condition: Resource Conservation and Recovery Act, aka Sofid Waste Monitoring Required: No Disposal Act (RCRA) Standard Conditions: Any change to the approved scope of work wilt 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 lawst Failure to obtain all.appropriate federal, state and local environmental permits and clearances may jeopardize federal funding, it ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. NOTE: All times are GMT using a 24 -hour clock. TWDf3 Contract No. 1300011734 Page 4 of 4 Exhibit A, Page 25 of 25 Exhibit B ORIGINAL GRANT APPLICATION TWDB Contract No. 1300011734 Exhibit B, Page 1 of 27 Tint Application Subgrant Project Application aplication Title: City of BeamontfMA Acquisition 2bgrant Applicant: City of soeamont aplicat[on Number: Tx- 201"02 op[ication Year. 20* tant Type: Ptojea Application idress: 801 Mein Sveet, aeavmont, T% 77101,0000 TW DB Contract No. 1300011734 ttps:// eservices. fema .gov/FEMAMitigation/Print.do "k"�`t B, Page 2 of 27 Page 1 of 2 10/16/201 rint Application Contact Authorized Subgrant Agent Me Mr. irst Name Chris fiddle Initlal asl Name Boone itto Community Development Director genWOrganization City of Beaumont ddress 1 801 Main Street ddross 2 ity Beaumont tats TX IP 77701 hone 409 - 880.3100 Ext. ax 409- 880 -3133 mall cboona @cl.beaum cnt.tx.us Point of Contact itle Mr. (rat Name Kyle fiddle initial ast Name Hayes itle City Manager goncylOrganization City of Beaumont ddross 1 801 Main Street ddress 2 ity Beaumont late TX iP 77701 -3548 hone 409 -880 -3708 Ext ax 409 -880 -3112 mail Kha a y s(t¢G.besumontbc.us TWDB Contract No, 13000I 1734 ttps: / /eservices. fema- gov /FEM.AMitigatior/Print.do Exhibit B, rage 3 of 27 Page 2 of 2 10/16/201 Tint Application Community Information Page 3 of 2 lease provide the name of each community Viat will benefit from this mitigation activity by clicking on the Find Community button. You shall modify Congressional District for each community y directly editing the textbox(es) provided. You should also notify your state NFIP coordinator so that it can be updated in the Community Information System database. When you are nished, click the Save and Continue button below. state u County Community CID CRS CRS Log i e'o agove Con ou srlonal State CoQU Name Number Community ROtinQ 0i5trict iNaMct K 465457 01W=1105 MokWONT CITY OF 465457 Y 8 465457 9 omments ttachments Late TX ommunity Name BEAUMONT, CITY OF ounty Name TEXAS ounty Code JEFFERSON COUNTY ity Code 485457 IPS Code 245 Net ID Number 485457 RS Community Y RS Ratinn 8 tale Legislative District 485457 S Congressional District 9 IRM or FH8M available? Yes ommunity Status PARTICIPATING N� ormunity participates In N_EE? Yes ,ate entered In NFIP 08.99 -1970 ,ate of most recent CommuniN Assistance Visii{(V? 09.25.2008 Hsi TWDB Contract No. 1300011734 ttps: / /eservices. fema. gov /FENlAMitigation/Print.doLxhibit B, Page 4 of 27 10/16/201 rint Application Page 4 of'2 Mitigation Plan the entity that will benefit from the proposad activity covered by a current FEMA- approved multi- hazard mitigation plan In compliance with 44 CFR Part 2ol? Yes Yes, please answer the following: What is the nom a of the plan? Jefferson County, TX Muid- Jurisdictlonal Hazard Mitigation Plan What Is the type of plan? Local MultiJurisdictional Multihazard Mitigation Plan When was the current muldhazard m itigation plan approved by FEMA? 07-02-2012 Describe how the proposed acts vity relates to oris consistent with the FEMA- approved m itigation plan. The type of mitigation activity proposed is the State of Texas top priority for the use of mitigation funds. No or Not Known, please answer the following: Does the entity have any other mitigation pta ns adopted? No If Yes, please provide the fallowing irdormadon. Plan Name Plan Type Date Adopted Attachment ves the State/Tribe in which the entity is located have a current FEMA - approved midgabon plan in compliance with 44 CFR Part 201? Yes Yes, please answer the following: What Is the name of the plan? Texas Mitigation Plan - Standard 2010 What is the type of plan? Standard State Mufd- hazard Mitigation Plan When was the current m tilghazard m itigation plan approved 19 -18-1910 by FEMA? Describe how the proposed actl vity relates to or Is consistent The activity is consistent with State and FEMA priorities to acquire and demolish homes on FEMA Severe with the Slato/Tribe's FEMA - approved millgatlon plan. Repetitive toss list you would like to make any comments, please enter them below. he City of Beaumont has land use, building (rode, and permit authority over the tend within its corporate boundaries - including that area of and aff ected by this proposed project. o attach documents, Dick the Attachments button below. TWUS Contract No. 1300011734 ttps:// eservices. fema. gov /FEMAMitigation/Print.d(fxhibit n° Page s of 27 10/16/201 rint Application Scope of work (Page 1 of 3) Ilia of your proposed activity (should include the type of activity and location); dy of Beaumont FMA Acquisition azard(s) Identified to be mitigated: food roposed types of Mitigation Activhy(ies): Activity Code Activity Nome 200.1 Acquisition of Private Real Property (Structures and Land) - Riverine Other or Miscellaneous selected above, please specify: rovide a clear and detailed description of your proposed activity: he City proposes to acquire and demolish three properties on FEMA's validated SRL list- i there construction in this project? Page 5 of 2 rovide a detailed description of the proposed project's location (e.g. municipality, street address, major dersecting streets and other important landmarks). Supporting documentation such as maps that clearly lentify, the location and critical features to the project such as topography, waterways, adjacent community oundaries, etc., should be attached: If properties on this application on are FEMAs severe repetitive loss list. This action will eliminate the flooding (and flood claims) for these SRL properties. Beaumont Is on Texas' coastal lain, about 30 mites (48 km) intend from the Gulf of Mexico, and just south of the dense pine forests of East Texas. The city is bordered on the east by the Neches River and to the north by ins Island Bayou. Before being settled, the area was crisscrossed by numerous snail streams. Most of these streams have since been filled in or converted for drainage purposes. The city o esumont, Texas is within the humid subtropical climate regime. This city is within the Piney Woods, which cover the eastern region of Texas, as well as adjacent Louisiana. This region of exas receives the most rainfall in the state, with more than 48 inches (1,200 mm) annually. This is due to the warm gulf waters that carry humid air to the region, where it condenses and recipitstes. Hurricanes also strike the region, the most disastrous of which was the Galveston Hurricane of 1900 as wall as Hurricane Ike in 2008. Hurricane Rlta was the largest and most amaging hurricane to hit Beaumont to date, striking September 24, 2005. Causing $11.3 billion in damage, It Is the sixth most costly hurricane In United States history. The humidity of the tgion greatly amplifies the tooling of heat during the summer. As of the census of 2000, there were 113,888 people, 44,381 households, and 28,100 families residing In the city. The opulation density was 1,339.4 people per square mile (517.21km' . There were 48,815 housi ng units at an average density of 574.2/sq m I (221.71km2), The racial makeup of the city was 8.39% Caucasian, 45.85% African American, 0.24% Native American, 2.48% Asian, 0.04% Pacific islander, 3.55% from other races, and 1.46% from two or more races, Hispanic or Latino 0 ny race were 7.93% of the population. Scope of Work (Page 2 of 3) atitude: 0.045705 ongitude: 4.054201 ascribe tine need for this activity. Why should this mitigation activity be completed? he 3 buildings on this application have experienced over SIAM In paid claims. The overall avoided damages for these properties Is $998,003 making this a very affective use of FMA prograr coding. These buildings are ail part of a small apartment complex with 32 total units. in addition to the building payments, there are also costs to each tenant each time a flood occurs, ft will the mitigation activity benefit and/or Impact? hose 3 buildings are all SRL properties that have experienced 39 paid claims totally over $1.1M ow wail the mitigation ealvity be implemented? o permanently remove Severe Repetitive Loss properties and all tenants from harm's way and from receiving future flood losses ,oscribe how the project Is technically feasible and will be effective in reducing the risk by reducing or eliminating smage to properly and/or loss of life in the project area. Please include engineering design parameters and rferenoos to the following: preliminary schematic or engineering drawings/design; applicable building codes; nglneerfng practices and/or heat practices; level of protection (e.g., life safety, 100 -yr floor protection with seboard, 100-yr wind design, etc.): mitigation offer will be established based upon the HMA guidance and an offer will be extended to each owner. Once the properties are acquired all improvements and underground utilities ill be removed and the properties will be deeded as open space in perpetuity. All tenants will afforded tenant relocation assistance, consistent with HMA guidance. The City has hired an cquisition and relocation firm that has assisted Cities and Counties In the acqulsiflon/demolitlon of over 5,000 flood prone and/or flood damaged properties, Most of these eccluiaittons have eon with FEMA mitigations, and have followed HMA guidance . Where tenants were Involved, this consultant facilitated !anent relocation assistance. Please see attached word documents Ilod Buyout Implementation Process for a detailed, task by task overview of how the program will be implemented when/if awarded. Ao will manage and complete the mitigation activity? he City of Beaumont has the ability to provide staff and resources to implement this mitigation activity. The activity will be closely monitored by a full -time inspector and s upervised by an ngineedng staff of 8, who work under the public works director, In addition, the City will utilize the services of an Acquisition Consultant to execute the program. Please see attached word ocuments titled Buyout Implementation Process for a detailed, task by task overview of how the program will be implemented when/If awarded. Scope of Work (Page 3 of 3) All the project address the hazards Identified and what risks will remain from all hazards after project Implementation (residual risk)? his project will address the flood hazard and once the project is complete, there will be no residual risk. then will the mtUgation activity take place? ince the grant Is funded and the award accepted by the City, the appraisal process will begin. Based on tenant's ability to vacate the homes, the entire process will take approximately 12 ronths. All tenants will receive rekxadon assistance. ,1hy is this project the best allemative. Whet alternatives were considered to address the Isk and why was the proposed activity considered the best alternative? he other altemetivas considered were to elevate the properties or to do nothing. It the properties were elevated, the risk Is not eliminated because the properties are still in the path of future Dods. Doing nothing is also an option, however these properties have soverp�lilRale�gethey are today will keep the homes at risk. The only was to ensure the ttps:// eservices. femagovJ FEMAMitigation/Print.d(f-xhibit B, Page 6 of 27 10/16/201 rint Application omes and people are out of harm's way is to acquire and demolish these properties, tease identify the entity that will perform any long-term maintenance and provi de a maintenance :hedule and cost information. The subapplicanl or owner of the area to be mlligated is responsible for wintenance (including costs of lonoderm care) after the project Is completed: he resultant vacant tots wiil be Included In the mowing schedule with the City's other publicly owned vacant parcels. you would like to make any comments, please enter them below. ee attached letter from the City relative to maintenance for this project Also attached is a word document with the details of how the buyout process will be implemented. ttachments: tryout Implementation Process.dou ioned Meint Letter,Adf Page 6 of 2 TWDB Contract No. 1300011734 itps:/ feservices. fema. gov /FEN4AMitigation/Print.doExhibit B, Page 7 of 27 10/16/201 rint Application nvner's Mailing Address: Properties Damaged Properly Address: No ddress lino 1 2505 Sweetgum - Bldg A Land ddress line 2 Bldg A try Beaumont ounty Jefferson Late TX fP 77703 nvner Information: N Irst Name MONTERREY liddle Name ast Name RENTALS LLC Home hone Cell nvner's Mailing Address: ddress line 1 No ddress tine 2 170,000.00 ther (PO Box, Route, etc) PO BOX 2851 ity Beaumont late TX IP 77704 -2851 �oes this property SOG ove other co -owners N r holders of retorted Interest? roperty Informatlon: atltude gngi(uda ear Built tnrcturo Typo ruperty Tax Identification Number egal Description L 018 TRS 210 AND 211 OUT T 93 A WILLIAMS MON *as this property have an NFI P Policy NumbeE Policy Numbor azards to be mitigated Property Actlon Office Fact 30.055197 -- 94.075414 1961 Multl Femlly Dwelling - 5 or More Units Yes RL00004866 Flood ACQDEMO ropetty Information 1t: ubstantially Damaged? No urchose ffer Amount 170,000.00 ase Flood Elevation foot irst Floor Elevation feet umber of feet the lowest floor elevation of the structure Is being raised above Base Flood feet lovation oundation type SOG Flood Zone Desinnatlon Area of minimal flood hazards (C, unshaded X) omments !lathed is the FIRM map, the CAD record, and the Notice of Voluntary Interest tlachments Name 2505 Sweetgum NVt.edf 2505 Sweetnum Pics.od( 2505 Sweatgurrl FIRMeho.od} 08- 20.2013 08.20.2013 08 -20 -2013 Date Attached Page 7 of 2 T'WDB Contract No. 1300011734 ttps:// eservices. fema .gov /FEN4AMitigation/Print.do "t "U�t B' Page s of 27 10/16/201 Tint Application owner's Mailing Address: Properties ,amaged Property Address: No ddress line 1 2505 Swootgum - Bldg C Land ddress tine 2 C ity Beaumont ounty Jefferson Cato TX 1P 77703 nvnerInformation: N lrst Name MONTERREY fiddle Name ast Name RENTALS LLC Nome hone Coll owner's Mailing Address: ddresa fine 1 No ddress line 2 170,000.00 other (PO Box, Route, etc) PO BOX 2851 ity Beaumont tats TX tP 77704 ,oas this property avo other co- owners N r holders of recorded Interest? roperty Information: atitude onnitude ear Built tructure Type roperty, Tax Identification Number ogai Description aes this property have an NF(P Policy Numbed Policy Number azards to be mkigated: Naparty Action Office Fit. 30.055197 - 94,073414 1981 Mutt;- Family Dwelling - 5 or More Units Yes RLOOOD4865 Flood ACQDEMO roperty information 11, ubstantlally Damaged? No urchase Offer Amount 170,000.00 ase Flood Elevation feat first Floor F tovatiort feet umber of feet the lowest floor elevation of the structure is being raised above Base Flood [ovation feet oundation type Flood Zone Designation Area of minimal flood hazards (C, unshaded X) ommonts ttachod Is the FIRM map, the CAD record, and the Notice of Voluntary interest. See Bid A for these documents. ttachments TWDB Contract No. 1300011734 ttps : / /eservices. fema, gov /FEMAMitigation/Print.do ' }'Ibtt a, Page 9 of 27 Page 8 of 2 10/16/201 rint Application -amaged Property Address: ddress line 1 ddress lino 2 ity aunty tate IP wmar information: irst Name liddle Name est Name hone rvner's Mailing Address: ddress line 1 ddress line 2 4her(PO Box, Route, ate) Ity late IF oes this property ave other co- owners r holders of recorded Interest? roporty Information: alitude on itude ear Built tructure Type roperty Tax Identification Number egal Description oes this property have an NFIP Policy Number Policy Number azards to be mitigated: Property Action roporty Information tl: Properties 2505 Sweetgum - Bldg B Land B Beaumont Jotforson TX 77703 MONTERREY RENTALS LLC Home Call PO BOX 2851 Beaumont TX 77704 N Office Ext. 30.055197 - 94.073414 1961 Multl- Famlly Dwelling • 5 or More Units Yes RL00004867 Flood ACODEMO ubsiantially Damaged? No urchase offer Amount 340,000.00 ase Flood €lovalion feet Irst Floor Elevation feet umber of feet the lowest floor elevation of the structure is being raised above Base Rood feel fevation oundation type Flood Zone Designation Area of minimal flood hazards (0, unshaded X) omments ttached Is the FIRM map, the CAD record, and the Notice of Voluntary Interest. See bldg, A for these documents. ttachments Page 9 of 2 TWDB Contract No. 130001 1734 ttps: / /eservices. fema. gov /FEM"itigation/Print.do�'i�;t >3, Page 10 of 27 10/16/201 Tint Application Page 10 of 2 TWDB Contract No. 130001 1734 ttps: / /eservices. fema .gov /FEMAMitigation/Print.dc xhibit B, Page i 1 of 27 10/16/201 Schedule Description Of Task Starting Point Unit Of "ftme duration Unit Of rime Work Complete By mtred for Me rsmpany and appraisal firm 1 DAYS t MONTHS City's buyout a ,d ant Defy owners of award 1 DAYS t MONTHS Citys buyout consultant ondudapprab6at6 1 MONTHS 2 MONTHS Appraiser momineMdnabon off" and pmpmnowwry 3 MONTHS i MONTHS Crly6 buyout consultant ipormrk :wort oftem to 0wrm6 4 MONTHS 2 MONTHS City's buyout com.41ant ondud Settkments 0 MONTHS 4 MONTHS Tale Company emdlth Properties 7 MONTHS 3 MONTHS Domdlaon CmtraCnr ,ofea closeout 19 MONTHS 2 MONTHS City of Beaumont and cry$ buyout Consuluxd -nam Rafocabw 4 MONTHS 12 MONTHS Relocation Consuitsm 3Hrnate the total duration of the proposed activity: 24 MONTHS TWDB Contract No. 130001 1734 ttps: / /eservices. fema .gov /FEMAMitigation/Print.dc xhibit B, Page i 1 of 27 10/16/201 rint Application Page 11 of 2 !00.1 -Acquisition of Private Real Property ( Structures and Land) - Riverine Federal Share: $ 985,626.01 Item Name Cost Classification Unti Unit of Quantity (Measure Unit Cost($) Coat Estimate l tigation offer amount for 2505 Sweetgum - Bldg A Land, Structures, Right -of -way 1.00 Each 5 170,000.00 $ 170,000.0[ ppra(sals Administrative Expense 3.00 Each $ 500.00 $ 1,500.01 anent Relocation Buyout Rep Fee Administrative Expense 32.00 Each $ 1,200.00 $ 30,400.01 eltiament Expanses Administrative Expense 3.00 Each $ 2,000.00 $ 8,000.01 nvironmental Inspections (Asbestos) Demolition And Removal 3.00 Each $ 350.00 $ 1,050.0( emolition of 2505 Sweetgum - Bldg A Demolition And Removal 4,680.00 Square Foot $ 2.60 $ 12,168.01 anent Relocation Assistance Land, Structures. Right -of -way 32.00 Each $ 5,250.00 $ 168,000.0`1 uyout Rep Fee Administrative Expense 3.00 Each $ 1,200.00 $ 3,800.01 Iidgatlon offer amount for 2505 Sweetgum - Bldg 8 Land, Structures, Right -of -way 1.00 Each $ 340.000,00 $ 340,000.0( litigation offer amount for 2505 Sweetgum - Bdg C Land, Structures, Right -of -way 1.00 Each $ 170,000.00 $ 170,000.0( emolition of 2505 Sweetgum - Bldg 8 Demolition And Removal 9,900.00 Square Foot $ 2.60 $ 25,740.0E ,emolition of 2505 Sweetgum- Bldg C Demolition And Removal 4,680.00 Square Foot $ 2.60 $ 12,166.01 pplication Development Preliminary Expense 1.00 Each $ 5,000.00 $ 5,000.0( uhappticant Management Foe Administrative Expense, 1.00 Each $ 12,000.00 $ 12,000.0( Total Cost $ 965,628.0 otal Project Cost Estimate: $ 986,626.00 TWDB Contract No. 130001 I734 ttps-//eservices.fema.gov/FEMAMitiL-ation/Print.dgxhibit B, Page 12 of 27 10/16/201 Tint Application Cost Share ctivity Cost Estimate ederat Share Percentage on- Federal Share Percentage roposed Federal Share reposed Non - Federal Share $ 965,626.00 100% 0% Dollars Percentage $ 965,528.00 100% $ 0.00 0% Page 12 of 2 Non•FederalFunds Source Agency name of Source Agency Funding Type Amount ('t) Action Grand Total $0.00 you would like to make any comments, please enter them below, s these are SRL propertles funded at 100% there Is no local cost share, therefore no match source letter provided ttachments TWD$ Contract No. 1300011734 ttps:// eservices. fema. gov /FEMAMitigation/Print,d(f-xliib`t a, Page 13 of 27 10/16/201 rint Application Cost Effectiveness ttech the Benefit Cost Analysis (BCA), if completed for this project Page 13 of 2 at Present Value of Project Benefits (A) $1142368.5 otal Project Cost Estimate (B) $ 948626.0 what is the Benefit Cost Ratio for the entire project (A/B)9 1.2 you would like to make any comments, please enter them below, ee attached spreadsheets for details of the project casts and the FEMA calculated Environmental Benefits Calculator used in the B/C calculations. Central Appraisal District (CAD)Tax record CA report, BCA export also attached. Attached the CAD report are the Marshall and Swift tables used or determining value of property at risk. ttacltments: 505 Swealnum Ln BCA ReporLof nvironmental Benefits Calculator v2 - City of ELeiumont.xls 505 Sweetaum Ln OCA Expod files.atn_ CA calc for app.xtsx 505 at um CAD Data.pdf `1'WUB Contract No. 1300011734 ttps:// eservices. fema. gov /F`EMAMitigation/Print.doxi�`b't B' Page 14 of 27 10/16/201 rint Application Page 14 of 2 1. National Historic Preservation Act- Historic Buildings and Structures 1. Does your project affect or is it in dose proximity to any buildings or structures 50 years or more in age? Yes If Yes, you must confirm that you have provided the for lowing: 7 The property address and original data of construction for each property affaded (unless this Information is already noted In the Properties section), 1, A minimum of two color photographs showing at least three sides of each structure (Please I abet the photos accordingly), Ri A diagram or USGS 124,000 scale quadrangle m ap displaying the relationship of the property (s) to the project area. To help FEMA evaluate the impact of the project, please Indicate below, any other information you are providing: n Information gathered about potonti of historic properties In the project area, Including any evidence Indicating the age of the b uilding or s tructure and presence of buildings or structures that are 1 fisted or eligible for listing on the National Register of Historic Places or within or near a National Regletar listed or eligible historic district Sources for this Information may include the State Historic Preservall on Officer, andror the Tribal Historic Preservati an Officer (SHPOPfHPO), your local planning office, historic preservation organization, or historical society. Consideration of now the project design will minimize adverse effects on known or potential historic buildings or structures, and any aiteirnathres considered or Implemented to avoid or m inlmizo effects on historic buildings or structures. Please address and note associated costs in your project budget. rr For acquleltloNdermol#ion projects affecting historic buildings or structures, any data regarding the consideration and feasibltity of elevation, relocation, or flood proof ni as alternatives to demolition. Ed] Attached materials or addl Clonal comments, omments: ee attached letter to SHPO and SHPO concurrence attached. ttachmonts: HPO testerodf 505 Sweetoum Pics.doa HPO Release .pdf National Historic Proservatfon Act - Archeological Rosa urces 1. Does your project Involve disturbance of ground? No If Yes, you must confirm that you have provided the foil towing: - A description of the ground a is turbanee by giving the dim ensions (area, v flume, depth, ate.) and location The past use of the area to be die turbod, noting the extant of previous ly disturbed ground. F, A USGS 1:24,000 scale or other site map showing the location and extent of ground disturbance. To help FEMA evaluate the Impact of the project, pl ease Indicate below any other Information you are providing: (? Any Infornfatlen about potential historic properties, including archeol ogical sites, in the project area. Sources o f this Information may include SH POfrHPO, and/or the Tribe's cultured resources contact if no THP O Is designated. Indude, If possible, a map showing the relation of a ny Identified historic properties to the proi ect area. C Attached materials or additional comments. ammenls: ttachments: Endangered Species Act and Fish and Wildlife Coordination Act Are Federally listed threatened or endangered sped es or theircritical habitat present In the area affec tod by the project? No If Yes, you must confirm that you have provided the following: r, information you obtained to identify species to or near the project area. Provide t he source and date of t he Information cited. To help FEMA evaluate the impact ce the project, please indicate below any other Information you are providing: Any request for Information end associated response from the USFWS, the National Marine Fisheries Service (NM FS) (for affected ocean -going rus h), or your State Wildlife Agency, regarding potential listed species present and potontiat of t he project to impact those species. j ,, Attached materials oradditional comments. omments: 2. Does your project remove or affect vegehttio.n? No TV4fDI3 contract No. 1300011734 ttps:// eservices. ferna. gov /FEMAMitigation/Print.do- xliibit B, Page 15 of 27 10 /16 /201 rint Application If Yes, you must confirm that you have provided the following: j ' Description of the amount (area) and type of vegetation to be removed or affected. A sito map showing the project: area and the extent of vegetation affected. n Photographs or digi tat Images that show both the vagetati on affected and tho v egetation in context o1 its surroundings. To help FEMA evaluate the Impact of the project, please indicate below any other information you are providing: I- L] Attached materials or additional comments. omments: 3. Is your project In, near (within 200 feet), or Ilk sly to affect any" of waterway or body of water? If Yes, and project is not within an existing bull ding, you must confirm that you have provided the following: F A USGS 1:24,000 scale quadrangle map showing the projec It activities in relation to all nearby water bodies (within 200 feet). No Page 15 of Z F 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 maybe an effect El A photograph or digital Image of the site showing both the body of water and the project area. To help FEMA oval uata tho Impact & the project, please indicate below any other information you are providing: n Evidence of any discussions with the US Fish and Wildlife Service (USFWS), andlor your State Wildlife Agency concerning any potential r,mpacts if there Is the potential fo the project to affect any water body. n Attached materialsoradditionatoomments. omments: ttachments: ). Clean Water Act. Rivers and Harbors Act, and Executive Order 11990 (protection of Wotiands) 1. Will the project Involve dredging or dispo sat of dredged m ateriai, excavation, adding till material or result In any modification to water bodies or wetlands No designated as 'waters of the U.S" as Identified by the US Army Corps of Engineers oron the N stional Wetland Inventory? If Yes, you must confirm that you have provided the following: C Documentation of the projac t location on a U SGS 1:24,00D scale topographic map or image and a copy of a National W etianda inventory map or other avatabl o wetlands mapping Information. To help FEMA evaluate the impact of the project, please indicate below any other inform ation you are providing: (' Request for information and respon so letter from the US Army Corps of Engineers and /o r State resource agencies regardi ng the potential for wetlands, and applicability of permhng requirom ants. ( Evidence of alternatives considered to at iminate or minimize impacts to wetlands. (- Attached materials or acditional comments. omments: ttachments: L Executive Order 11988 (Floodpfain Management) '1. Does a Flood Insurance Rate M ap (FIRM), Flood Hazard Boundary Map (fHBM), hydrologic study, or some other source Indicate that the project Is located Yes in or will affect a 100 year floodplai n, a 500 year floodplaln 0 a critical facility, an Identified regulatory floodway, or an area prone to flooding ? N Yos, please Indicate In the text box below any documentation to identify the means or the alternative a considered to eliminate or minimize impacts to floodplains (See the 8 step process found In 44 CFR part 9.8.) to help FEMA evaluate the impact of the project es FIRM attached hero and to the Properties section of this application. 2. Does the project alter a watercourse, water flow patterns, ore drainage way, regardless of Its tloodplain designation? No If Yes, please indicate below any other Information you are providing to help FEMA evaluate the impact of the project 17, Hydrologiefiydraulic information from a qualified engineer to dam onstrate how drainage and flood flow patterns will be changed and to i dontify down and upstream effects. TWDB Contract No. 1300011734 ttps:// eservices. fema. gov /FEMAMitigation/Print.dox�"��t B, e 16 of 27 Page 10/16/201 rint Application Page 16 of 2 F Evidence of any corsultation with us Army Corps of Engineers (maybe included under Pan D of the Env] ron mental Inform adon)- F" Request for information and response letter from the State water resource soancy, if applicablo, with juns diction over modification of waterways. E Attached materials or additional comments. omments'. ttachments: 505 Sweetoum FIRMette.odt Coastal Zone Management Act 1. is the project located In the State's dosignatod coastal zone? No If Yes, please Indicate below any other Information you are providing to help FEMA evaluate the Impact of the project: (— information resulting from conlactwith the appropriate State agency that implements the coastal zone management program regarding the likelihood of the project's consistency with the State's coastal zone plan and any potential requirements affecting the cost or design of the proposed activity. F. Attached materials or additional comments. omments: ttachments: ;. Farmland Protection Policy Act t. Will the project convert more than 5 acres of 'prime or unique' farmland outside c ity limits to a non - agricultural use? No omments: . ttachments: t. RCRA and CERCLA (Hazardous and Toxic Materials) t. is there a reason to sue pact them are contam inents from a current or past use on the property associated with the proposed project? No If Yes, please Indlcato below any other Information you are providing to help FEMA evaluate the im pact of the project: Fj Comments and any relevant documentation. M Results of any consultations with State or toe at agency to obtain permit with requirem ents for handling, disposing of or addressing th a off" of hazardous or tox is materials related to proj ect Implementation. rl Attached msterialaoraddii tonalcomments. omments: 2. Are there any studies. Investigations, or entomem ant actions related to the property associated with the propose d project? No If Yes, please indicate below any other Information you are providing to help FE MA evaluate the impact of the project: C, Comments and any relevant documentation. 1-1 Results of any consultations with State or loo al agency to obtain porm it with requirements for handling, dl sposing of or addressing th a effects of hazardous or tox is materials related to project Implementation. l j Attached materials or additional comments. omments: 13. Does any project construction or operation a ctivlllea Involve the use of hazardous or toxic materials? No If Yes, please Indicate below any other Inform allon you are providing 10 help FEMA evaluate the impact of the project r Comments and any relevant documentation. Results of any consultations with State or too al agency to obtain perm it with requirements for handling, all sposing of or addressing in a affects of hazardous or lox lc materials related to proj act implementation. 0 Attached matorlalsoraddlt ]onalcomments. TWDB Contract No, 1300011734 ttps:H eservices. fema.g ov /FE]gAMifigation/Print.d&xhibit B, Page 17 of 27 10/16/201 rint Application Page 17 of 2 ommonts: 4. Do you know H any of the current or past I and-uses of the property affected by the proposed project or of the adjacent properties are associated with No hazardous or lox lc materials? If Yos, ploose indicate below any other information you are providing to help FE MA evaluate the Impact of the project: F Comments and any relevant documentation. Results of any consultations with Slate or local agency to obtain permit with requirements for handling, disposing of or addressing th o effects of hazardous or toxic materials related to proj act Implementation. Attached materials or additional comments. ommants: ttachments: Exoculivo Order 12858, Env Ironmental Justice for Low Income and M Inority Populations 1, Are theta low Incom a or minority populations In the project's area of effect or adja cent to the projec t area? No If Yes, you must confirm that you have provided the following: 1-' Description of any disproportionsta and adverse effects to these populations. To help FEM A evaluate the Impact of the project, please indicate below any other information you are providing: (, Description of the population affected and the portion of the population that would be disproportionately and adversely affected. Please Include specific efforts to address the adverse impacts in your proposal narrativ a and budget- i7l. Attached materials or additional comments; omments: tiachments: 1, Cnher EnvironmentatlHlatortc Preservation Laws or Issues 1. Are there other envi ronmentalthlatoric preservation requirements associated with thi s project that you are aware of? No If Yes, please Indicate in the text box below a description of the requirem ants, issues or public Involvement effort 2, Ara there controversial issues associated with Ihl s project? No It Yee, please indicate In the text box below a description of the requirom ants, issues or public involvement effort 3. Have you conducted any public meeting or solicited pub lic Input or comments on your specific proposed m Itlgation project? Yes If Yes, please Indicate in the text box below a description of the requirem ants, Issues or public involvement effort he City of Beaumont has discussed the submission of an SRL application at multiple City Council meetings and and has held a consultation meeting with each SRL participant on this pplication. ttachments: L Summary and Cost of Potential Impacts 1. Having answored the questions in parts A, through J., have you identified any aspects of your proposed project that have the potential to Impact No environmental resources or historic properties? If Yes, you must confirm that you have: li Evaluated thes o potential effects and provided the materials required In Parts A through J that Id entify the nature and a xtent of potentia I impacts to environm anal resources and/or historic proporties. Consulted with appropriate parties to identify any measures needed to avoid or minimize these impacts. 19 Considered alternatives that could minimize both the impacts and the cost of the project. F'. Made certain that the costs of any measures to treat adverse effe cts are realistically roflocted In the project b udget estimate. ommonts: TWDB Contract No. 1300011734 ttps:// eservices. fema. gov /FEMAMitigation/Print.dt�xhibit B, rage 18 of 27 10/16/201 Tint Application Page 19 of 2 Evaluation y choctcing the Not ApOcable box and not providing the information in this section, I understand tha t this application may not be selected for the Pro - Disaster Complete llllgallon - Competitive Grant Program (PDMC) nor Legislative Pro-Disaster Mitigation Program (LPDM), n Not applicable TWDB Contract No. 1300011734 ttps: / /eservices. fema. gov /FEMAMitigation/Print.d�"1"Utt B, Page 19 °c27 10/16/201 rint Application Assurances and Certifications lease click the link in the status column to view forts. arms art It: FEMA Form 20.168, Assurances Construction Programs. Status art It: FEMA Form 20 -16C, Certifications Regarding Lob bying; Debarm ant, Suspension and Other Responsibilities Matters; and Drug -Free Workplace Complete equirements. art W., SF -LLL, Dlsctosure of Lobb ying Activibas ;Compile only 0 applying for a grans of more than 5100,000 and have lobbying ac tvibas using Non - Federal carat, See Form 20- Not Applicable SC for lobbying activRies definldon.) Page 20 of 2 TWDB Contract No. 1300011734 tips:// eservices. fema. gov /FEMAMitigation/Print.d&xh`bit 13, Page 20 of 27 10/16 /201 Tint Application Page 21 of 2 FEMA Form 20 -168, Assurances - Construction Programs ublic reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing Instructions, searching existing data sources, gathering nd maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding the burden esOmate or any other aspect of this collection of dormation, Including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0042), Washington. DC 20503. LEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. END IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. OTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal assistance awardlns gencies may require applicants to certify to additional assurances. If such is the case, you will be notified. s the duty authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the InsUlullonal, managerial and fi nandal capability (including funds sufficient to pay the nonfederal share of project costs) to ensure proper plannl no, management and completion of the project described In this application. 2. Will give the awarding agency, the Comptroller General of the United Stales and, If a ppropriale, the State, through any authorized representative, access to and the right to examine all records, hook s, papers, or documents related to the assistance; and will establish a proper accounting system In accordanco wlth generall y accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property doe, or other interest in the site and facilities without permission and instructions from the awarding agene y. tall record the Federal interest in the title of real property in accordance with awarding agency directives and will Include a covenant i n the title of real property acquired in whole or in part with Federal a ssistance funds to as sure nondiscrimination during the useful fife of the project 4. Will comply with the requirem ants of the assistance awarding agency with regard to the drafti ng, review and approval of c onslruction plans and specifications. S. Wilt provide and maintain cam paten' end adequate a ngineering supery ision at the construction aite to enure that the complete work conforms with the approved pt ans and specifications and will famish progress reports and such other information as may be required by the assistance awarding agency or state. e. 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 pas itlons for a purpose that constitutes or presents the appearance of person at or organlzaUonal conflict of interest, or personal gain. e. WAI comply with the Intergovernmental Personnel Act of 1970 (42 USC Sections 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen s tatues or regulatio ns specified In Appendix A of OPM% Standards fora Merit System of Personnel Administretion (5 CFR 900, Subpart F). 9. tall comply with the Lead -Based Paint Poisoning Prevention Act (42 USC Section 4801 at seq.) which prohibi is the use of lead based pal nt In construction or rahabii Italian of residence structures. 10. Will comply with 01 Federal s talutos retell no to nondiscrimination. These Include but are not gm had to: (a) Titre VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the bas is of race, color or national origin: (b) Title I X of the Education Amendments of 1972, as amended (20 U SC Sections 1681. 1663, and 1685- 1686), which prohibits discrimination on the bas is of sex; (c) S action 504 of the Rehabill tation Act of 1973, as amended (29 US C Section 794), which prohibl is discrimination on the basis of handicaps; (d) the Age Dlscdm ]nation Act of 1975, as amended (42 US C Sections 6101- 6107), which prohl bits discrim (nation on the beef s of ago; (e) the Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscriminalion on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehablpta Con Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 o f the Public Health Service Act of 1912 (42 USC Sections 290 -dd -3 and 299- oe -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Ctva Rights Act of 1968 (42 US C Section 3601 at seq.), as emended, relating to nondiscrimination in the sale. rental or financing of housing; (1) any other nondiscrimination provis ions in the specific statule(s) under which application for Federal assl stance is being made; and, 0) the requkem ants of any other nondiscrimination statute(s) which may apply to the application. 11, Wdl comply, or has already complied, with the requirements of Tltles 11 and III of the Uniform Relocation Assistanca and Real Property Acquisition Policies Act of 1970 (PL 91.646) which provide for fair and equitable treatment of persons displaced or whose property Is acquired as a resul t of Federal and Federally assisted programs. These requirements apply to aft Interests In real property acquired for projec t purposes regardles a of Federal parffe ipatson in purchases. 12. Will comply with the provisions of Ore Hatch Act (5 US C Sections 1501.1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded I n whole or In part with Federal funds. 13. WC comply, as applicable, with the provisions of the Davis -Bacon Act (40 U SC Sections 2768 to 276a -7), the Copeland Act (40 USC Section 276c and 18 US C Section 874), and the Contract Work Hours end Safety Standards Act (40 US C Sections 327 -333) regarding labor standards for federal ly assisted construction subagroements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93 •234) which requires red plants In a special flood hazard area to participate In the program and to purchase fi cod insurance I f the total cost of Insurable construction and acqui sition Is $10,000 or m ore. 15. Will comply with environmental standards which m ay be prescribed pursuant to the following: (a) Institution of envtronm ental quality control measures under the National Environmental Polley Act of 1969 (PL 91 -190) and Executive Order (ED) 11514; (b) notl Reagan of violating facilities pursuant to EO 11738; (c) protection of wedands pursuant to EO 11990: (d) evolus lion of good hazards In 00 odplains I n accordance with EO 11988; (e) assurance of pro)*c t consistency with the approved Stale management program developed under the C costal Zone M anagement Act of 1972 (16 U SC Section 1451 at seq.); (f) conform ity of Federal acti ons to State (C loan Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 USC Section 7401 at seq,); (g) protection of underground sources of drinking water under the Safe D finking Water Act of 1974, as amended (PL 93 -523); and (h) protection of endangered spec tee under the Endangeed Species Act of 1973, as amended (PL 93 -205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 US C Section 1271 at seq.) related to protecting components or pole ntal components of the noti onal wild and scente rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 196 6, as amended (16 USC Section 470), EO 11593 (identification and preservail on of historic properties), and the Archaeoiog ical and Hislori c Preservation Act of 1974 (16 US C Section 469a -1 at seq.). 18. Will cause to be performed the required finan dal and compliance audits in accordance with the Slnot a Audit Act of 1984. 19. Will comply with all applicable requirements of all other Federal Jaws, Ex ecutive Orders, regulations, and policies governing this program. 20. It will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U SC Section 201), as they apply to employees of Institutions of higher education, hospitals, and other nonprofit organizations. 21. It will obtain approve I by the appropriate Federal agency of the final working drawings and specifications before the projo ct is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion In accordance with the split ication and approved plans and specifications; that 11 will submit to the appropriate Federal agency for prior approval changes that alter the cost of the project, use of space, or functional layout, that it will not enter Into a construction contract(s) for the projector undertake other acov glee until the cond Mons oft he construction grant program (s) havo been meL 22. It will operate and maintain the faci+ity In accordance with them inimurn standards as maybe (squired or prescribed by the applicable Federal. State, and local agencies for the maintenance and operation of suc h facilities. 23. it will require the tad lity to be designed to comply with the "Am Mean Standard Specific soon for Making Buildings and Facill ties Accessible to, and Usable by, the Physically Handicapped,` Number At 17. -1961, as m odified (41 C FR 101. 17.703). The applic ant will be responsible for condu cling ins pections to ensure cam pliance with these specifications by the contractor. 24. If any real pmpony or structure that Is provided or improved with the aid of Federal financial assistance extended to the appli cant this assurance shag obligate the applicant, or in the case of any transfer of such property, any transfer, for the period during which the real property, or structure Is used for a purpose for which the Federal financial assistance is extended or for another purpose I nvolving the provision of similar services or benefits. 25. In making subgrants w Ion nonprofit institutions under this Cam prehansive Cooperative Agreement, it agrees that such grants will be s ubject to OM B Circular A -122, "Cost Principles for NonprofitOrganlzations" Included in Vol. 49,Fedor�l���t�s�����t1 �0jh",1ff7j((April27, 1984). ttps:// eservices. fema. gov /FEMAMitigation/Print.do")'jb`t B, Page 2) of a7 10/16/201 Tint Application Kyle Hayes, hereby sign this form as of 08-28 -2053. TWDB Contract No. 1300011734 ttps:// eservices. fema.gov/FEMAMitigation/Print.do sett B, Page 22 of 27 Page 22 of 2 10 /td /201 rint Application Page 23 of 2 )u must read and sign these assurances by providing your password and checking the box at the bottom of this page. )te: Fields marked with an are required. artifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirom ents. pplicants should refer to the regulations cited below to determine the certification to which they are required to attesL Applicants should also review the instructions for certification included it to regulations before completing this form Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 28 CFR art 17, 'Government -wide Debarment and suspons icn (Nomprocurement) and Government -wide Requlromonts for Drug -Free Workplace (Grants)." The certifications shall be treated as a mteriat representation of fact upon which reliance will be placed when the Federal Emergency Management Agency (FEMA) determines to award the covered transaction, grant, or acporative agreement. LOBBYING As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons entering into a grant or cooperative agreement over $100,000, as defined at 44 FR Part 18, the applicant certifies that; (a) No Fedora] appropriated funds have been p aid or will be paid, by or on behalf of the u ndersigned, to any person for influene ing or attem piing to influence an officer or employee of any agency, a Member of Congress, an offi corer employee of congress, or an em ployee of a Member at Congress In connection with The making of any Federal grant, the entering Into of any cooperative agreement and extension, c ontinuation, renewal, am endment, or modification of any Federal grant or cooperative agreem ant; (b) If any other funds than Federal appropriated funds hay a been paid or will b a paid to any person for Influence ng or attempting to influence an officer or employee of any agency a Member of Congress, an offi car or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and sub mit Standard Form LLL, "Disclosure of Lobbying Activilles , in accordance with its instructions; Standard Form LLL Disclosure of Lobbylog Activitlos Not Attached (c) The undersigned ii hall require that the language of this certification be Included in the award documents for all the sub awards atoll tiers (including subgrants, contracts under grants and cooperative agreements, and subcontract(s)) and that all subreclpients shall certify and disclose accordingly. . DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) s required by Executive Order 12548, Debarment and Suspension, and Implemented at 44 CFR Part 67, for prospective participants In primary covered transactions, as defined at 44 CFR art i7, Section 17.510 -A. The applicant certifies that it and its principals: (a) Are not presently debarred, sus pended, proposed for debarm ant, declared Ineligible, sentenced to a denial of Federal beriefi is by a State or Federal court, or vo luntadly excluded from covered transactions by any -Federal departm ant or agency; (b) Have not within a three -year portod preceding this application been convicted of or had a civilian judgment rendered agalns t them for commission of fraud or a criminal offense in connection with obtains ng, attempting to obtain, or perform 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) Ara not presently lndcted for or otherw Ise criminally or cNifly charged by a governmental entity (Federal, State, or locally) with commission of any of the offenses enumerated In paragraph (1xb) of this ce riffication; and (d) Have not within a three -year period preceding this application had one or more public trans actions (Federal, State, or local) terminated for cause or default; an d 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. qXanaUon: . DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) s required by the Drug -Fred Workplace Act of 1988, and implemented at 44 C FR Part 17, Subpart F, for grantees, as defined a144 CFR part 17, Soetlons 17.615 and 17.823; (A) The applicant certifies that it will contnuo to provide a drug -]roe workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited In tho grantee's worftpiaca and specifying the aeons that will be taken against employees for violation of such prohlbitlon; (b) Establishing an on -going drug free awareness program to Inform employees about: (1) The dangers of drug abuse I n the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any evalabia drug counsel Ing, rahabilitation and employee assistance programs; and (4) The penalties t hat may be impoaed upon am ployoos for drug abuse violations occurring in the workplace; (c) Making it a requirement that each em pioyee 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 con di lon of am ployment under the grant the employee will: (1) Abide by the terms of the statement and (2)Notdy the employee in writing of his or trot conviction for a viola ton of a criminal drug statute occurring In the workplace no later than Eve calonda r days after such conviction. (e) Notifying the agency. In writing within 10 calendar day s after reeelv!ng notice under subparagraph (0)(2) from an employee or otherwise revel ving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the app8cabie FEMA awarding office, i.e, regional office or FEMA offrco. (f) Taking one of the following ac Cons against such an employee, within 30 calendar day s of receiving notice under subparagraph (d) (2), with respect to any employee who Is so convicted: (1) Taking appropriate person net action against such an employee, up to and including termination, consistent with the requirem ants of the Rehabilitation Act of 1973, as amended; or (2) Require such employee to participate satisfactorily in a drug abuse ass Istance or rehabilitation program approved for such p urposes by a Federal. State, or local heal th, law enfon:omant or other appropriate aganc y, (g) Making a good effort to continuo to malntaln a drug free workplace through Im plementation of paragraphs (a), (b), (c), (d), (a), and (f). (B) The grantee may Insert In tha space provi ded below the sho(s) for "r"ft%8J W f3MM fpj] r on with the specific grant "h'v't n' Page 23 of 27 / /eservices.fema. g ov/FENi"iti ation/Print.do 10/16/201 rint Application Page 24 of 2 lace of Performance St'eet. city State ZIP )1 main Street UMMOM 77701 action 17.630 of the regulations provide that a grantee that is a State may elect to make one cerffcatlon in each Federal fiscal year. A copy of which should be included with each appticaGan r FEMA funding. States and State agencies may elect to use a Statewide certification. Kyle Hayes, hereby sign this form as of 0 8-21l-2013. TWDB Contract No. 1300011734 ttps://eservices.fema.gov/FENLAMitigation/Print.do "t,;b;t B, Page 24 of �7 10/16/201 rint Application Comments and Attachm ants Page 25 of 2 Name of Section Comment Attachment Date Attache City of Beaumont Subapoljcant Mannggem ent Fee _23550Sweetgtm xis 09 -30 -2013 205 Swootaum Nyl.pdf, 0848.2013 See attached TWDB 2 page applicallon, SF 20.22, signed consultation , igned 02 15 - C9B'ndf 08 -28 -2013 ppiication Level agreements, signed 20 -15, Letter to the C OG, and property location map, Also FORM 20 -22 - SRL.odf 08.28 -2013 see.attactied details on the subapplicant management fee. COG Letter for Beaumont FMA ndf 08.28 -2013 2505 �weefgum Map.pdf 08- 28.2013 Sinned TWDB 2 oager.nttf 08- 28.2013 The City of Beaumont has land use, building code, and permit authority over litigation Plan the land within its corporate boundaries - Including that a roa of and affected by this proposed project. See attached letter from the City relative to maintenance for tits project. Also Buygttl Implementation Process.docx 09- 30.2013 cope of Work attached is a word doeum ant with the de tails of how the buy out process wal he implemented. Steed Main( Letter.odf 08 -28 -2013 ost Share As these are SRL properties funded at 100 °4 there is no I ocat cost share, therefore no match source letter provided X05 Swsotgum Ln ;ACA Reoort odf 08- 20.2013 Sae attached for datalls of the project costs and the FEMA iron ntal B Ca calculated Environmental Benefits Calcufatar used in the B!C calculations. its Frlyl onmental Benefits Calculator v�of Barium ant xis 08- 20.2013 ost Effectiveness Contrat Appraisal District (CAD)Tax records SCA report, SCA export also 2505 Sweelaum Ln - BOA ExppA Ws.zip 08- 20.2013 attached. Attached the CA D report are the M arshall and Swift tables used or determining value of properly at risk. 8505 Sweelaum GeD Data ndf 08 -12 -2013 SCA talc for atm.xisx 08.20 -2013 .e__ —...,.__._- _._._._..d -S'H - - - - - -... . . See attached letter to Si{PO and SHPO concurrence 25055weataum Pics.doax 08 attached. -12 -2013 HP - A - National istoric Preservation ct - Hlstodc Buildings S PO Release.pdf 09 -20 -2013 nd Structures SHPO Loftor.odf 08 -2D -2013 See FIRM attached here and to the Properties section of this application. HP -'E - Executive -rood plain �toodptein 2505 Swootaum FIRMette.pdf 08.20 -2013 lanagement) The City of Beaumont has discussed the submission of an SRL application at multiple City Council meetings HP -J -Other and and has held a consultation meeting with each SAL nvironmentailHistodc participant on this application. reservation Laws or rsues Attached is the FIRM map, the CAD record, and the 2505 Sweelaum Pics.pdf 08- 20.2013 Notice of Voluntary Interest. roperty - 2505 woetgum - Bldg A 2�p@ SweetaumEiRMallo.pdf 08 -20 -2013 AND Beaumont 7703 Y 2505Sweeigum W). 29L 08 -20 -2013 Attached is the FIRM map, the CAD record, and the Notice of Voluntary Interest. See bldg. A for these roperty - 2505 documents. weelgum- Bldg B AND Beaumont 7703 Attached is the FIRM map, the CAD record, and the Notice of Voluntary Interest. See Bid A for these roperty -2505 documents. weetgum - Bldg C AND Beaumont 7703 TWDB Contract No. 13000I1734 ttps:// eservices. fema, gov /FEMAMitigation/Print.dgxhibit B, Page 25 of 27 10/16/201 Pint Application PPUCATION FOR EDERAL ASSISTANCE iF 424) TYPE OF SUSMSSSION onsuUclon APPUCANTiNFORMATION 19af Name ay of Beaumont ddms )1 Main Street eaumoM, TX 77701 EMPLOYER IDENTIFICATION NUMBER (EIN) t.8D00276 TYPE OF APPLICATION lgea Appimatfon L CATALOG OF FEDERAL DOMESTIC ASSISTANCE 2. AREAS AFFECTED BY PROJECT (ales, counties, states, oral :FFERSON COUNTY Page 26 of 2 2. DATE SUBMITTED 0030.2013 Applicant IdoMiaer 3. DATE RECEIVED BY STATE State Application Identifier D030-2013 4. DATE RECEIVED BY FEDERAL AGENCY Fedaral Idon00er Orgeraatforml Unit City of Bemnnom Nam and talepheno number of Um parson to be cdmatted on maven involving this application CMs Boone, 409. 88013100 6.9. DUNS NUMBER 7. TYPE OF APPLICANT 073881118 Local Govemmem 0. NAME OF FEDERAL AGENCY Federal Emergency Management Agcncy 11. DESCRIPTIVE TITLE OF APPUCANrS PROJECT City of Beaumom FMA Acquisitlon f. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF: Zan Date. e. Applicant TX b. Project TX nd Date: 5. ESTIMATED FUNDING 16, IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12572 PROCESS? YES. 10AUG4013 Federal 5 965,626.00 AgOicaM $0.00 state $0.00 Local $0.00 17.1$ THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? No Other S D.00 Program Income $0.00 TOTAL 3 965,626.00 1, TO THE BEST OF MY KNOWLEDGE AND DEUEF, ALL DATA IN THIS APPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN OULYAUTHORtZED BY GOVERNING BODY OF THE APPLICANT AND THE PPLJCANT WILL COMPLY WITH THE ATTACHED ASSURANCE$ IF THE ASSISTANCE IS AWARDED. Nam of A ftfted b,T'itle c.Telophons Number epreaemadva 4098803766 00 Hayes Signaturo of Auttwdsed Reprosemative o.0ato Signed rte Keyes 09. 30.2013 TWDB Contract No. 13000] 1734 ttps:// eservices. fem .a.gov /FEMAMitigation/Print.dcr-" 1i)bil B, Page 26 of 27 10/16/201 rint Application Comments for FEMA ubappllca lon is approved by TWDB, TWDB Contract No. 1300011734 ttps:// eservices. fema. gov /FEMAMitigation/Print.d�",ib', B' Page 27 of 27 Page 27 of 2 10/16/201 Exhibit C IMPLEMENTATION PLAN Appraisal and Appraisal Review City /Contractor will hire an independent State certified appraisal firm. The basis of valuation (pre - event or current fair ;market value) will be determined at the time of award. Since this is FMA, if no eventt occurs between application submittal and implementation, the basis of compensation will be current fair market value as there has not been a recent flood event affecting these homes. Once appraisals are c=omplete, each appraisal will be reviewed for compliance with the Uniform Standards for Professional Appraisal Practices (USPAP) and Grant agency requirements. The appraiser's estimate of value should be well documented and supported by the best comparable sale data available. Errors, omissions and unsupported conclusions will be brought to the attention of the appraiser and the report will be revised as needed to meet the reviewer's requirements. An approved estimate of value will be prepared. Should a property owner later challenge the Determination of Compensation and obtain their own appraisal, the City /Contractor will review owner's appraisal and a revised Offer to Sell will be prepared as appropriate. The review of owner appraisals and the preparation of revised offers will be billed for each parcel as appropriate. Develop Data for Determining Cormpensatiori Information provided by the community will be reviewed and an amount of compensation for each parcel will be recommended. The City /Contractor will analyze the appraisal and /or community information to extract the needed information for the preparation of the Statement of Determination of Compensation anc: Offer to Sell Real Property. Duplication of Benefits information will be reviewed and proper deductions from value will be made if pre -event value is used as the basis for valuation. Prepare Detennination of Compensation and Offer to Sell Real Property Utilizing the data developed or obtained in above Tasks, the City /Contractor will prepare the following documents for the City's review: (1) Letter to each parcel owner explaining the acquisition process and. their rights and options, to be signed by the Community official, (2) a Statement of Determ=ination of Compensation for each parcel to be signed by the Community official, and; (3) an Offer to Sell Real Property agreement for each parcel. Meet with Owners Each parcel owner will be scheduled for a personal meeting at which time the letter from the City explaining the acquisition process and the owner's rights and options will be reviewed. The Statement of Determination of Compensation and Offer to Sell Real Property will also be explained to each parcel owner. if duplication of benefits deductions are made and the owner- has documentation to support a revision to the deductions or to support a reimbursement, appropriate adjustments will be made. The meetings will be conducted in facilities provided by the client. Following this meeting.. the offer to sell will be presented to the owner. TWDB Contract No. 130001 1734 Exhibit C, Pa .ge ! of 2 Review and Oversight of Title Company Activities The City /Contractor will ensure that the Title Company activities are performed in a timely manner and in accordance with the terms of the contract. The City /Contractor will review Title Search and Title Insurance Commitments to ensure that they meet the requirements of the contract. If problems are encountered, the City /Contractor will seek resolution from the Title Company. Deeds The City/Contractor will provide the Title Company a sample Deed for each parcel in a form that meets the requirements of the FEMA Section 404 program and /or the appropriate Grant agency. The Deed will be suitable for recording with the Recorder of Deeds in the appropriate City. This Deed will recite the true consideration to be paid, will identify the interest in the land to be acquired and will include appropriate deed restrictions as directed by FEMA and /or the Grant agency. Oversee and Coordinate Settlements The title company will be responsible for scheduling closing with each parcel owner and for the preparation of all documents necessary for closing. These activities will be monitored to ensure that they are performed in a. timely manner and that all matters are properly coordinated. A listing will be prepared and provided to the Client prior to each closing which identifies the amount needed for disbursement by the title company at the closing. The listing will identity each parcel by parcel number, owner name, address of property and amount of compensation. The client will be advised to deposit the needed funds in the Title Company escrow prior to'closing. Demolition City /Contractor will competitively procure a demolition contract to demolish, within 90 days of settlement each property. Determine Relocation Benefits for Eligible Tenants. Specifically The City /Contractor will review eligibility for relocation benefits. The City /Contractor will obtain information from eaclr tenant and calculate benefit amounts to be paid. The City /Contractor will prepare an Agreement for each eligible tenant and will oversee the payment of benefits. Work with the City and local real estate agent(s) to identify comparable units in the community and adjacent communities if none are available in the community. Assist tenants with facilitating the move and determine any additional moving allowance. Note: As FEMA funded programs must be voluntary in nature, providing relocation benefits is only required if the structure being required is tenant occupied. TWDB Contract No, 130001 I734 Exhibit C, Page'-) of 2 Exhibit D TASK BUDGET TASK DESCRIPTION AMOUNT Task I Pre -Award Application Development $5,000.00 Task 2 Appraisals 1,500.00 Task 3 Settlement Expenses 6,000.00 Task 4 Buyout Rep Fee 3,600.00 Task 5 Mitigation Offer -- 2505 Sweetgum Bldg. A 170,000.00 "Task 6 Mitigation Offer – 2505 Sweetgum Bldg. B 340,000.00 Task 7 Mitigation Offer – 2505 Sweetlnnn Bldg. C 170,000.00 Task 8 Tenant Relocation Assistance 168,000.00 Task 9 Tenant Relocation Buyout Rep Pee 38,400.00 Task 10 Environmental Inspections (Asbestos) 1,050.00 Task 1 I Demolition – 2505 Sweetgumn Bldg. A 12,168.00 Task 12 Demolition – 2505 Sweetgum Bldg, B 25,740.00 Task 13 Demolition – 2505 Sweetgum Bldg. C 12,168.00 Task 14 Subapplicant Management Fee 12,000.00 Total — $965,626.00 EXPENSE BUDGET _ EXPENSE CATEGORY Demolition AMOUNT $51,126.00 Subcontractor - -� 17,000.00 Property Buyout' 897,500.00 _ Total _ $965,626.00 1 Property Buyout is defined as the cost of Site Acquisitions, Appraisal, Settlement Expenses, Property Owner Counseling, Title Search and Closing, and'Fenant or Inliabitant Relocation Assistance 'iWDl3 Contract No. 1300011734 Exhibit D, Page 1 of 1