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RES 2021-1087 - Grant Agmt with NEMA for OPW 53698 - Copper Creek Interceptor Sewer Repair Project - DR-4420-NE-0024
City Clerk Office Use Only: RESOLUTION NO. 2' U�) g7 Publication Date (if pplicable): 1� Zt2/ Agenda Date: �j��� Department: ti /�- �( kk� Submitter: bkiy ec li CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha sustained damage from historic flooding and is undertaking projects provide the City with greater resilience to damage from future disasters; and, WHEREAS, under the Nebraska Emergency Management Agency (NEMA) Hazard Mitigation Grant Agreement, the City has been awarded a maximum of $547,080.00, which is up to 75% of the eligible costs of DR-4420-NE-0024, locally known as OPW 53698, being the Copper Creek Interceptor Sewer Repair Project and, WHEREAS, the City and NEMA now desire to enter into the Grant Agreement for this award, which by this reference becomes a part hereof, defining the terms and conditions for which the City may receive reimbursement to the Sewer Revenue Improvements Bond Fund 21124, Neighborhood Sewer Renovation Organization 116911. The City's responsibility being 25%, will be paid from the Sewer Revenue Improvements Bond Fund 21124, Neighborhood Sewer Renovation Organization 116911; Sewer Revenue Bonds will be issued to finance this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Grant Agreement with the Nebraska Emergency Management Agency (NEMA), which would provide partial reimbursement of up to $547,080.00, for the cost of DR-4420-NE0024, locally known as OPW 53698, being the Copper Creek Interceptor Sewer Repair Project to the Sewer Revenue Improvements Bond Fund 21124, Neighborhood Sewer Renovation Organization 116911. The City's responsibility being 25%, will be paid from the Sewer Revenue Improvements Bond Fund 21124, Neighborhood Sewer Renovation Organization 116911; Sewer Revenue Bonds will be issued to finance this project, is hereby approved. BE IT FURTER RESOLVED THAT: THAT, in order to facilitate the electronic processing of this Grant Agreement, the City Council hereby authorizes the Mayor of the City of Omaha to execute and deliver the Agreement on behalf of the City of Omaha. APPROVED AS TO FORM: 3015grp eiri4,60CITY AT ORNEY DAT Adopted: OCT 1 9 2021 1 Attest: City Clerk Approved: ---110h_` —�i � Mayor Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project— Phase I DR-4420-NE-0024 GRANT AGREEMENT Between Nebraska Emergency Management Agency(NEMA) And City of Omaha Project Title: Copper Creek Sewer Interceptor Relocation Project—Phase Grant Agreement No: DR-4420 Project No: 0024 Federal Tax ID#: 47-6006304 DUNS No: 076981265 FIPS Code: 162-37000-31 Period of performance start date: March 31, 2019 Period of performance end date: September 17, 2023 Federal funds obligated amount: $547,080.000 CFDA#: 97.039 (Hazard Mitigation Grant Program) SCOPE OF WORK This Grant Assistance Agreement (AGREEMENT) is to provide the City of Omaha (SUBRECIPIENT) with federal assistance from the Hazard Mitigation Grant Program funds for the above referenced mitigation grant. The federal share shall not exceed $547,080.00 or 75% of the actual allowable project costs, whichever is less. The SUBRECIPIENT shall provide at least $182,360.00 (25%) through local non-federal (cash and/or in-kind) sources for actual allowable project costs. These funds are to assist the SUBRECIPIENT with completing the approved scope of work in accordance with the work schedule, milestones, and scope of work that was submitted to and approved by the Nebraska Emergency Management Agency (NEMA) and the Federal Emergency Management Agency (FEMA). Any changes to the approved scope of work and/or amount budgeted must be submitted to and approved by NEMA prior to executing the changes. The SUBRECIPIENT is required to obtain all necessary permits before construction begins. AGREEMENTS NEMA will provide financial oversight and management in the role of RECIPIENT based on the grant guidance,the grant financial guide,and all other applicable State and Federal guidelines.The RECIPIENT will provide technical assistance and direction to the SUBRECIPIENT on programmatic and financial requirements. The RECIPIENT will provide all appropriate Nebraska Emergency Management Agency 1 Nebraska HMGP—Grant Agreement Revised:8/14/2018 Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project— Phase I DR-4420-NE-0024 documents and forms and make payments to the SUBRECIPIENT to complete the approved scope of work. The RECIPIENT is responsible for monitoring SUBRECIPIENT activities to provide reasonable assurance that the SUBRECIPIENT administers federal awards in compliance with federal and state requirements. Responsibilities include the accounting of receipts and expenditures; cash management; and the maintaining of adequate financial records. Additionally, the SUBRECIPIENT will be monitored quarterly by the RECIPIENT to ensure that the program goals,objectives,timelines,budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of quarterly reporting, reviewing of expenditures for reimbursement, and when necessary; on-site monitoring. Monitoring will involve the review and analysis of the financial, programmatic, and administrative issues relative to the program, and will identify areas where technical assistance and other support may be needed. The SUBRECIPIENT will pass appropriate resolutions to assure NEMA that it is participating, and will continue to participate, in the National Flood Insurance Program, if mapped. The SUBRECIPIENT and the SUBRECIPIENT's AUTHORIZED REPRESENTATIVE agree to provide all supervision, inspection, accounting, and other services necessary to complete the scope of work from inception to closeout with the requirements set forth below. I. ACTIVITY COMPLETION TIMEFRAME The approved activity completion timeframe for this grant is from September 13, 2021 through March 13, 2022. All work must be completed prior to the activity completion timeframe ending. The SUBRECIPIENT shall not incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities beyond the expiration date of the activity completion timeframe. If a time extension is needed it must be requested at least 75 days prior to the activity completion timeframe end date. All requests must be supported by adequate justification submitted to NEMA 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 activity completion timeframe; and a description of performance measures necessary to complete the project. Without the justification, extension requests will not be processed. II.AUTHORITIES AND REFERENCES The SUBRECIPIENT shall comply with all applicable laws,regulations and policies as defined in the State of Nebraska Hazard Mitigation Administrative Plan. A non-exclusive list of laws and regulations commonly applicable to FEMA grants follows hereto for reference only. • 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards" Nebraska Emergency Management Agency 2 Nebraska HMGP—Grant Agreement Revised:8/14/2018 Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project— Phase I DR-4420-NE-0024 • Robert T. Stafford Disaster Assistance and Emergency Relief Act(Stafford Act),42 U.S.C. 5133, as amended by Section 102 of the Disaster Mitigation Act of 2000 (DMA) • Title 44 of the Code of Federal Regulations (CFR) • SUBRECIPIENT's application that was received and approved by NEMA and FEMA • State of Nebraska Administrative Plan for the Hazard Mitigation Grant Program III. GRANT MANAGEMENT SYSTEM To ensure that federal funds are awarded and expended appropriately, the SUBRECIPIENT will establish and maintain a grant management system. The standards for SUBRECIPIENT organizations stem from the Office of Management and Budget's (OMB)Uniform Administrative Requirements and Cost Principles. State, local and tribal organizations must follow the uniform administrative requirements standards in 2 CFR Part 200. These standards plus the requirements of the federal Cash Management Improvement Act constitute the basis for all policies, processes and procedures set forth in this grant management system for the SUBRECIPIENT. The SUBRECIPIENT's grant management system must: • Include internal controls based on the American Institute for Certified Public Accountants (AICPA) definitions and requirements in the government-wide administrative requirements and cost principles • Include a chart of accounts that includes a separate cost center, fund, or accounting codes for each federal grant or program • Be in compliance with the Cash Management Improvement Act (CMIA), good business processes and Generally Accepted Accounting Principles (GAAP) • Include procedures to minimize federal cash on hand • Include the ability to track expenditures on a cash or accrual basis • Include the ability to track expenditures in both financial and program budgets • Include procedures to document all grant-related expenditures • Include procedures to ensure expenditures are eligible and allowable • Include the ability to fulfill government-required financial reporting forms IV. PROCUREMENT This agreement requires that all procurement is executed by the SUBRECIPIENT. Procurement standards must be in accordance with the written adopted procedures of the SUBRECIPIENT, provided that the local procurement standards conform to applicable State and Federal law and the standards identified in the 44 CFR and 2 CFR Part 200. The SUBRECIPIENT will ensure that every purchase order or other contract includes any clauses required by Federal statutes and executive orders and their implementing regulations. V. CONFLICT OF INTEREST Nebraska Emergency Management Agency 3 Nebraska HMGP—Grant Agreement Revised:8/14/2018 Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project—Phase I DR-4420-NE-0024 The SUBRCIPIENT will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. VI. WAGE RATES The SUBRECIPIENT will comply, as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. § 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §874), the Contract Work Hours and Safety Standards Act (40 U.S.C. §327-333) regarding labor standards for federally-assisted construction subawards. VII. LOBBYING The SUBRECIPIENT will comply with the provisions of the Hatch Act (5 U.S.C. § 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. VIII. AUDIT The SUBRECIPIENT will comply with the required financial and compliance audits in accordance with the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR part 200). IX. PAYMENT REQUEST PROCESS Payments to SUBRECIPIENTs are based on eligible expenditures that are specifically related to the approved grant budget and scope of work. SUBRECIPIENTs can request Reimbursement for allowable expenditures already paid at any time during the activity completion timeframe. Payments shall be limited to the documented cash requirements submitted by the SUBRECIPIENT. The SUBRECIPIENT must submit a completed Payment Request Form and provide supporting documentation of eligible project costs to receive payment of funds. Reimbursement requests must include payment verification (i.e. paid invoices, receipts, payroll records with personnel activity reports, cancelled checks, general ledger print outs, etc.). Payment of funds will not be made to a SUBRECIPIENT until NEMA has this grant agreement signed and on file. Payments to subrecipients are based on eligible expenditures that are specifically related to the approved subaward budget and scope of work. The SUBRECIPIENT has two options available to them when requesting payments from NEMA. Subrecipients can request Reimbursement for allowable expenditures already paid, or request an Advance for expenditures to be paid within 30 days. Advance payments will only be entertained for certain projects. Below notes whether or not this project is allowed advance payments: DYES NO Nebraska Emergency Management Agency 4 Nebraska HMGP—Grant Agreement Revised:8/14/2018 Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project—Phase I DR-4420-NE-0024 Payments shall be limited to the documented cash requirements submitted by the SUBRECIPIENT. The SUBRECIPIENT must submit a completed Payment Request Form and provide supporting documentation of eligible subaward costs to receive payment of funds. • Reimbursement requests must include payment verification (i.e. paid invoices, receipts, payroll records with personnel activity reports, cancelled checks, general ledger printouts, etc.). NEMA reserves the right to request that the SUBRECIPIENT submit additional documentation expenditures upon request. Additional documentation for Acquisitions: Purchase Offers,HUD Settlement Statements,and copies of tax assessment records,copies of appraisals if used as the basis for pre-flood fair market value, invoices, and copies of all payments. • Advance payment requests must include the detailed costs the SUBRECIPIENT is obligated to pay (i.e. invoices, accepted quotes, executed contracts, or other documents). Payment verification documents (same documents required for a Reimbursement request) for the advance must be submitted to NEMA within 30 days after the advance, and before future advances are made. If the SUBRECIPIENT is unable to demonstrate; the willingness to maintain written procedures that minimize the time elapsing between the transfer of funds and disbursement by NEMA; a financial management system that meets the standards for fund control and accountability as established in 2 CFR, Part 200; or is considered a High Risk subrecipient; then reimbursement requests will be required. No more than thirty (30) days should elapse between the date of receipt of a warrant and pay out of the funds by the SUBRECIPIENT. All supporting documentation must be submitted to NEMA immediately following the SUBRECIPIENT's pay out of the funds. Required documents prior to payments from NEMA. Payment of funds will not be made to the SUBRECIPIENT until NEMA has on file the following documents: • FEMA Award Notification(attached to this AGREEMENT) • Signed Subaward Agreement • Substitute W9/Vendor Update Form(if not already on file at NEMA) • Chart of Accounts verifying that unique revenue and expenditure accounts, cost centers or account codes have been established within the SUBRECIPIENT's cash management/accounting system for each program included in this AGREEMENT. • Procurement documents: written procurement and conflict of interest documents, method of procurement, bid specifications reviewed by NEMA, copy of approved and executed contracts between the SUBRECIPIENT and contractor. • Signed certification from the SUBRECIPIENT's authorized representative for the payment request as outlined in 2 CFR, Part 200, Subpart D, Section 200.415. X. MATCH VERIFICATION Nebraska Emergency Management Agency 5 Nebraska HMGP—Grant Agreement Revised:8/14/2018 Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project— Phase I DR-4420-NE-0024 The maximum federal share to this mitigation grant cannot exceed 75% of eligible grant expenditures. Therefore, the matching funds (cash and in-kind) must be at least 25% of eligible grant expenditures. The SUBRECIPIENT is responsible for submitting proof of the local non- federal match that was used for their mitigation grant to NEMA. Expenditures must be in accordance with the approved scope of work and budget and in accordance with the 2 CFR§200.29 and 200.306. Cash match can be money contributed to the SUBRECIPIENT by the SUBRECIPIENT, other public agencies and institutions, private organizations and individuals as long as it comes from a non-federal source. Cash spent must be for allowable costs in accordance with the SUBRECIPIENT's approved scope of work and budget and must be applicable to the period to which the cost sharing or matching requirement applies. In-kind match must comply with the requirements of the 2 CFR§200.343 and 200.344. The value of in-kind contributions is also applicable to the period to which the cost sharing or matching requirement applies. The in-kind match provided must be documented by the third party contributing the in-kind services. The in-kind match must be specifically stated in the SUBRECIPIENT's scope of work and budget before in-kind match will be allowed to match any mitigation grant. Documentation can be a letter (on letterhead) from the third party stating the scope of their work, what is being contributed as it relates to the scope of work, the value, a statement to the effect that the value is normally charged, and a statement that the value is being waived on behalf of the SUBRECIPIENT to meet the matching requirements to the SUBRECIPIENT's mitigation grant or a spreadsheet detailing in-kind contributions certified by the Authorized Representative. If the local match is insufficient to satisfy the local match requirements for receiving all available federal funds, the awarded federal funds will be reduced accordingly so as not to exceed the maximum federal share allowed under this award. XI. REPORTING REQUIREMENTS The mitigation grant requires quarterly programmatic and financial reporting and progress relative to the approved scope of work. SUBRECIPIENTS are required to complete the quarterly progress report forms that are provided by NEMA and submit them by the 15th day following each federal fiscal quarter. (See administrative plan for specific date.) XII. RECORDS AND DOCUMENTATION The SUBRECIPIENT shall be responsible for keeping records that fully disclose the amount and disposition of funds at all times and the total costs of each project for which the funds are provided. The SUBRECIPIENT agrees to retain all grant records for three (3) years after being notified by the Nebraska Emergency management Agency that the grant has been closed by DHS/FEMA. The state requires the subrecipient to submit back-up documentation to substantiate all costs. Nebraska Emergency Management Agency 6 Nebraska HMGP—Grant Agreement Revised:8/14/2018 Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project—Phase I DR-4420-NE-0024 The subrecipient will give the federal awarding agency, the Comptroller General of the United States, and if appropriate, the state, though any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. XII. FLOODPLAIN The SUBRECIPIENT will comply with all floodplain management laws and regulations including any special conditions placed on the grant. XIII. NOTICES AND COMMUNICATIONS BETWEEN NEMA AND SUBRECIPIENT All written notices and communications to the SUBRECIPIENT by NEMA shall be to: Adam Wilmes, Civil Engineer III City of Omaha 1819 Farnam Street, Suite 604 Omaha, NE, 68183 Or the Alternate Point of Contact, Tim Papstein, Project Manager City of Omaha 1819 Farnam Street, Suite 600 Omaha, NE, 68186 All written communications to NEMA by the SUBRECIPIENT and its authorized representative shall be to: John Gassmann, State Hazard Mitigation Officer Attention: Hazard Mitigation Unit Nebraska Emergency Management Agency 2433 NW 24th Street Lincoln, NE 68524 XII. COMPLIANCE WITH LAWS Nebraska Emergency Management Agency 7 Nebraska HMGP—Grant Agreement Revised:8/14/2018 Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project— Phase I DR-4420-NE-0024 The SUBRECIPIENT will comply with all applicable requirements of all other federal laws, executive orders, regulations, and policies governing this program. WAIVERS No conditions or provisions of this AGREEMENT can be waived unless approved by NEMA and the SUBRECIPIENT,in writing. Unless otherwise stated in writing,NEMA's failure to insist upon strict performance of any provision of this AGREEMENT, or to exercise any right based upon a breach,shall not constitute a waiver of any right or obligation specified under this AGREEMENT. AMENDMENTS AND MODIFICATIONS This AGREEMENT may be amended or modified in reference to the grant funds provided, administrative procedures, or any other necessary matter, but not to take effect until approved, in writing, by NEMA and the SUBRECIPIENT. COMPLIANCE, TERMINATION,AND OTHER REMEDIES Unless otherwise stated in writing,NEMA requires strict compliance by the SUBRECIPIENT and its authorized representative(s) with the terms of this AGREEMENT, and the requirements of any applicable local, state, and federal statute, rules, regulations; particularly those included in the Assurances attached to this grant agreement. NEMA may suspend or terminate any obligation to provide funding or demand return of grant funds, following notice from NEMA, if the SUBRECIPIENT fails to meet any obligations under this AGREEMENT or fails to make satisfactory progress toward administration or completion of said project. The SUBRECIPIENT understands and agrees that NEMA may enforce the terms of this AGREEMENT by any combination or all remedies available to NEMA under this AGREEMENT, or under any other provision of law, common law, or equity. INDEMNIFICATION 1. It is understood and agreed by NEMA and the SUBRECIPIENT and its agents that this AGREEMENT is solely for the benefit of the parties to this grant and gives no right to any other party. 2. The SUBRECIPIENT, on behalf of itself and its successors and assigns, agrees to protect, save, and hold harmless NEMA and the State of Nebraska, and their authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the negligent acts, errors, or omissions of the SUBRECIPIENT or its authorized representative, its contractors, subcontractors, assigns,agents, licensees,arising out of or in connection with any acts or activities authorized by this AGREEMENT. The SUBRECIPIENT's obligation to protect, save, and hold harmless as herein provided shall Nebraska Emergency Management Agency 8 Nebraska HMGP—Grant Agreement Revised: 8/14/2018 Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project—Phase I DR-4420-NE-0024 3. not extend to claims or causes of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of NEMA, the State of Nebraska, or any of their authorized agents or employees. 4. The SUBRECIPIENT further agrees to defend NEMA, the State of Nebraska, and their authorized agents and employees against any claim or cause of action, or to pay reasonable attorney's fees incurred in the defense of any such claim or cause of action, as to which the SUBRECIPIENT is required to protect, save, or hold harmless said parties pursuant to paragraph 2 of this part. The SUBRECIPIENT's obligation to defend, or to pay attorney's fees for the defense of such claims or causes of action as herein provided, shall not extend to claims or causes of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of NEMA, the State of Nebraska, or any of their authorized agents or employees. ACKNOWLEDGMENTS The SUBRECIPIENT shall include, in any public or private release of information regarding the project, language that acknowledges the funding contribution through NEMA by FEMA. INDEPENDENT CONTRACTOR STATUS OF APPLICANT The SUBRECIPIENT, its officers, employees, agents and council members shall all perform their obligations under this AGREEMENT as an independent contractor and not in any manner as officers, employees or agents of NEMA or the State of Nebraska. All references herein to the SUBRECIPIENT shall include its officers, employees, city council/board members, and agents. RESPONSIBILITY FOR PROJECT While NEMA undertakes to provide technical assistance to the SUBRECIPIENT and its authorized representative in the administration of the project, said project remains the sole responsibility of the applicant in accomplishing grant objectives and goals. NEMA undertakes no responsibility to the SUBRECIPIENT, or any third party, other than what is expressly set out in this AGREEMENT. ENTIRE GRANT AGREEMENT This AGREEMENT sets forth the entire AGREEMENT between NEMA and the SUBRECIPIENT with respect to subject matter hereof. Commitments, warranties, representations and understandings or agreements not contained, or referred to, herein or amended thereto shall not be binding on either NEMA or the SUBRECIPIENT. Except as may be expressly provided herein, no alteration of any of the terms or conditions of this AGREEMENT will be effective without written consent of both parties. IN WITNESS WHEREOF, NEMA and the SUBRECIPIENT have executed this AGREEMENT by the signatures of authorized persons of both entities and on the dates indicated below: Nebraska Emergency Management Agency 9 Nebraska HMGP—Grant Agreement Revised: 8/14/201 8 Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project—Phase I DR-4420-NE-0024 RECIPIENT Nebraska Emergency Management Agency Ervin L.Portis,Governor's Authorized Representative Date SUBRECIPIENT —7o-7-C)Z Authorized Representative Date Authorized Representative Printed Name Authorized Relortsentative Title Nebraska Emergency Management Agency 10 Nebraska HMGP—Grant Agreement Revised:8/14/2018 Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project—Phase I DR-4420-NE-0024 EXHIBIT A: Scope of Work-Reporting & Administrative Requirements-Project Budget 1. GENERAL DESCRIPTION OF THE PROJECT(S). 1.1 Project description: Work for this project will be completed in two phases: Phase I includes topographical surveying; geotechnical testing and investigation; environmental field investigation and permitting compliance;hydrologic modeling of the stream; sewer condition assessment and hydraulic calculations; permanent and temporary easement documentation; and conceptual, 30%, 60% and 90% engineering design. Phase I deliverables include an engineering technical report summarizing conceptual design and opinion of probable cost; 30%, 60%and 90% plans and specifications; geotechnical report; Waters of the United States (WOTUS) Delineation Report; and submitted permit applications. Work performed prior to HMGP grant approval by FEMA (pre-award services as noted in Section VI. Phased Milestones) is included as part of the grant eligible Phase I activities. Phase II includes final design revisions for bid documents, construction, and project implementation and closeout. Phase II deliverables include final bid documents and project progress and completion documentation. 1.2 Project expenses: Project expenses include those costs identified and approved in the application and budget. Documented pre-award costs related to the development of the grant application and for project development as noted in the HMGP DR-4420 subapplicant application and approved budget may also be used to meet local match requirements or reimbursed. 1.3 Non-Federal Match: This Grant Requires a non-federal match contribution of 25% of the total Grant budget. The non-Federal match is shared by the City of Omaha Sewer Revenue Fund. 1.4 Project timeline(from approved HMGP subapplication) Project milestone—Phase I Expected completion date/period Preliminary Design (60%) - eligible post-award service November 13, 2021 Final Design (90%) - eligible post-award service January 13, 2022 BCA Re-evaluation - eligible post-award service January 13, 2022 Temp & Perm Easements - eligible post-award service March 13, 2022 Permitting - eligible post-award service March 13, 2022 2. DELIVERABLES 2.1 Deliverables: Grantee shall submit narrative and financial reports describing project progress and accomplishments, any delays in meeting the objectives and expenditures to date as described in Section 3 of this Exhibit A may result in loss of project funding. Copies of relevant Nebraska Emergency Management Agency 1 1 Nebraska HMGP—Grant Agreement Revised:8/14/2018 Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project—Phase I DR-4420-NE-0024 documentation(including invoices, quarterly reports, requests for reimbursement all must be submitted to NEMA in accordance with this grant agreement. 3. REPORTING REQUIREMENTS: 3.1 Quarterly Progress Reports and Financial Status: Report Period Due Date Quarter 1 (October-December) January 15 Quarter 2 (January-March) April 15 Quarter 3 (April -June) July 15 Quarter 4 (July- September) October 15 4. ADMINISTRATIVE REQUIREMENTS (Project specific requirements): The SUBRECIPIENT will adhere to the current and applicable FEMA administrative requirements described in the Hazard Mitigation Assistance Guidance and Addendum published February 27, 2015 (or subsequent and superseding program policy, as applicable). The SUBRECIPIENT will ensure that all necessary documentation and deliverables are completed and submitted to the State within 30 days of the Grant Agreement expiration date. SUBRECIPIENT will ensure all closeout requirements outlined in FEMA Hazard Mitigation Assistance Guidance (2015) are met at the time of subaward closeout. The SUBRECIPIENT and the SUBRECIPIENT's authorized representative agree to provide all supervision, inspection, accounting, and other services necessary to complete the scope of work from inception to closeout with the requirements set forth below. Nebraska Emergency Management Agency 12 Nebraska HMGP—Grant Agreement Revised: 8/14/2018 Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project—Phase I DR-4420-NE-0024 5. PROJECT BUDGET (as approved in Subapplication): Budget Summary—Phase I Item Quantity Unit of Cost per Unit Total Cost Measure Topographic & Field Survey - 1 Each $13,298.00 $13,298.00 Pre-Award Preliminary Geotechnical 1 Each $29,937.00 $29,937.00 Engineering—Pre-award Preliminary Environmental 1 Each $22,390.00 $22,390.00 Investigation—Pre-award Preliminary Utility Coordnation 1 Each $2,018.00 $2,018.00 —Pre-award Conceptual Design Workshops— 1 Each $17,886.00 $17,886.00 Pre-award Preliminary Design (30%) — 1 Each $149,000.00 $149,000.00 Pre-award Preliminary Design (60%) — 1 Each $158,946.00 $158,946.00 Pre-award Final Design (90%)— 1 Each $131,978.00 $131,978.00 Post-award Easement/Land Compensation— 1 Each $169,625.00 $169,625.00 Post-award Permitting—Post-award 1 Each $34,362.00 $34,362.00 Grant Total: $729,440.00 Cost Share Breakdown—Phase I Source Amount Percentage of Total Federal Share HMGP: $547,080.00 75% Non-Federal: City of Omaha Sewer $182,360.00 25% Revenue Fund Grant Total: $729,440.00 100% Nebraska Emergency Management Agency 13 Nebraska HMGP—Grant Agreement Revised: 8/14/2018 Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project—Phase I DR-4420-NE-0024 EXHIBIT B: FEMA Award Notification (letter from FEMA) Nebraska Emergency Management Agency 14 Nebraska HMGP—Grant Agreement Revised:8/14/2018 C.S.Department of Homeland Security FEMA Region VII 11224 Holmes Road Kansas City,MO 64131 '•;:lrai' s_gY:9311:4441H FEMA ��A,VD Stir. September 13,2021 Mr. Bryan J.Tuma,Assistant Director Nebraska Emergency Management Agency 2433 NW 24th Street Lincoln, Nebraska 68524-1801 Subject: FEMA-4420-DR-NE Hazard Mitigation Grant Program (HMGP) Phase I Conditional Approval Subrecipient: City of Omaha Project#: 0024 Copper Creek Sewer Interceptor Relocation Project Dear Mr. Tuma: This letter is official notification that the U.S. Department of Homeland Security's Federal Emergency Management Agency(FEMA) has granted Phase I Conditional Approval for the application submitted by the City of Omaha for the Copper Creek Sewer Interceptor Relocation Project. FEMA will release Phase I funds to the state in the amount of S547,080.00 for the subrecipient to obtain and develop the body of technical data needed for a full eligibility review of the HMGP sub application. The non-federal match requirement of $182,360.00 will be provided through local funding. No construction is approved at this time. The milestones included in the application indicate that the time to complete Phase I activities will be 6 months from the date of this letter. Any delays or extensions regarding this timeframe must be reported to FEMA. The period of performance(POP) for the grant ends on September 17, 2023. It is the responsibility of the recipient and subrecipient to ensure all approved activities associated with this subaward are completed by the end of the POP. If insufficient time remains in the POP to implement Phase II of the proposed activity, then the state should consider applying for other future funding opportunities (e.g. disaster or non-disaster programs). FEMA cannot grant extensions to the POP for new activities. Any costs incurred prior to the date of this approval or after the POP will be disallowed. Upon submission of the Phase I deliverables, FEMA will determine whether the proposed activity(project) remains eligible, is technically feasible, effective mitigation, cost effective, and compliant with Environmental and Historic Preservation requirements. Award of Phase I funding is not a guarantee that Phase 11 funding will be awarded. FEMA will render a Phase II determination for implementation/construction upon completion of the review of the Phase I deliverables. If, however, the project is not approvable(ineligible) or insufficient time remains in the POP for implementation, the project will end at that point and the subrecipient will be awarded its share of incurred costs for Phase I. As a condition of receiving Phase I funding the following deliverables must be submitted to FEMA: • Revised Work Schedule • Geotechnical Report ti ww.eoma.guv Mr. Tuna FEMA-4420-DR-NE-0024 Phase I Conditional Approval Page 2 • Waters of the United State (WOTUS)Delineation Report • Permitting • 30%, 60%and 90% Engineering Design o Design plans sealed and signed by a Nebraska licensed Professional Engineer(PE) showing the design of the project including the sewer system, manholes, force main pumps, redesigned connection vaults and all stream bank stabilization and all stream grade control structures, if any. The design plans should include construction limits, including delineation of Rights-of-Way and construction and utility easements noted by a state licensed Land Surveyor in relationship to property boundaries and the farm land boundaries with ownership information based on an official title search and limits of walking trail. The land survey should be based on an official title search that show ownerships (and percentages of ownership if multiple ownerships) and all liens and easements. o Revised Detailed Budget with Narrative o Revised Benefit-Cost Analysis o Technical Memo(Design and Cost Opinion, sealed and signed by a Nebraska licensed Professional Engineer(PE)) Environmental Historic Preservation (EHP) Requirements/Conditions: A change to the approved statement of work(SOW)requires prior approval from FEMA. The National Environmental Policy Act(NEPA)stipulates that additions or amendments to a HMGP subrecipient statement of work(SOW)shall be reviewed by all state and federal agencies participating in the NEPA process. NEPA sign off for all SOW additions or amendments is essential before the revised SOW can be approved by FEMA or implemented by the HMGP subrecipient. This review does not address all federal, state,and local requirements. Acceptance of federal funding requires recipient to comply with all federal,state, and local laws. Failure to obtain all appropriate federal, state,and local environmental permits and clearances may impact federal funding. Quarterly progress reports for HMGP projects are required;please include this HMGP project in your fixture quarterly reports. If you have any questions concerning this action, please contact Casey Hartline, Hazard Mitigation Assistance Specialist, at(816) 283-7916 or Stacy Robarge-Silkiner, Chief, Hazard Mitigation Assistance Branch, at (816) 283-7679. Sincerely, CATHERINE R Digitally signed by CATHERINE R SANDERS SANDERS Date:2021.09.13 14:46:07-05'00' Catherine R. Sanders, Director Mitigation Division vVwvV.rCf,1 .gov Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project—Phase I DR-4420-NE-0024 EXHIBIT C: FEMA Record of Environmental Consideration Environmental Historic Preservation (EHP)Requirements/Conditions: A change to the approved statement of work (SOW) requires prior approval from FEMA. The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP subrecipient statement of work (SOW) shall be reviewed by all state and federal agencies participating in the NEPA process. NEPA sign off for all SOW additions or amendments is essential before the revised SOW can be approved by FEMA or implemented by the HMGP subrecipient. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may impact federal funding. Quarterly progress reports for HMGP projects are required;please include this HMGP project in your future quarterly reports. If you have any questions concerning this action, please contact Casey Hartline, Hazard Mitigation Assistance Specialist, at (816) 283-7916 or Stacy Robarge-Silkiner, Chief, Hazard Mitigation Assistance Branch,at(816) 283-7679. Nebraska Emergency Management Agency 15 Nebraska HMGP—Grant Agreement Revised: 8/14/2018 Hazard Mitigation Grant Agreement Copper Creek Sewer Interceptor Relocation Project—Phase I DR-4420-NE-0024 EXHIBIT D: Signed authorized representative form Nebraska Emergency Management Agency 16 Nebraska I-IMGP—Grant Agreement Revised: 8/14/2018 Nebraska Emergency Management Agency Hazard Mitigation Assistance Grant Programs Authorized Representative Designation NEMA Project name: Omaha Papio Subgrantee: City of Omaha Creek Interceptor - Flood Reduction HMGP/PDM Project Number: Not Assigned City Project name: OPW-53698, Copper Creek Interceptor Sewer Authorized Representative Fiscal Officer Name: Adam Wilmes Sarah Egner Organization: City of Omaha City of Omaha Official Position: Civil Engineer III Account I Street Address: 1819 Farnam St. Ste. 600 1819 Farnam St. Ste. 1004 Mailing Address: Same Same City: Omaha Omaha State, Zip+ Four: 68183 68183 Phone: 402.444.3819 402.444.4513 Fax Number: none none Email: adam.wilmes@cityofomaha.org sarah.egner©cityofomaha.org The above Primary and Secondary Project Officers are hereby authorized to execute and file application for this mitigation project on behalf of this organization for the purpose of obtaining certain state and federal financial assistance under the Robert T. Stafford Disaster Relief& Emergency Assistance Act or otherwise available. Designated Project officers are authorized by the below Certifying Official to represent and act for this organization in all dealings with the State of Nebraska for all matters pertaining to this grant and will serve as the single point of contact. Signature of Mayor or Authorized Official Date Jean Stothert Printed name of above Authorized Official Nebraska Emergency Management Agency HMA Authorized Representative Designation • Revised: 6/25/2019 DEPUTY CITY AST RNEY State of Nebraska Hazard Mitigation Assistance Grant Programs FFATA Reporting Form/Certification Name of Applicant: City of Omaha Address: 1819 Farnam St, Suite 604 Mailing Address: 1819 Farnam Street City: Omaha State: NE Zip+Four: 68183 DUNS Number: 076981265 Congressional District: 2 Principal Place of Performance: City of Omaha City: Omaha State: NE 68183 0064 Award#: DR-4420 Subaward#: 0024 Brief Project Description: Construct sanitary sewer siphon, relocate sanitary sewer outfall and remove existing aerial crossing currently in Big Papillion Creek Levee. If certain conditions are met,subrecipient must provide names and total compensation of subrecipient's top five highly compensated executives to the department.Please answer question#1 and follow the instructions. If directed to answer question 2,please answer question2 and follow instructions. 1. In Applicant's previous fiscal year,did subrecipient receive(a) 80 percent or more of subrecipient's annual gross revenues in U.S. federal contracts,subcontracts,and other federal financial assistance subject to the Transparency Act,as defined in 2 CFR 170.320;AND(b) $25,000,000 or more in annual gross revenues from contracts,subcontracts,and other federal financial assistance subject to the Transparency Act,as defined in 2 CFR 170.320? If yes,answer question 2 below. If no,you are not required to complete question 2. Please sign and submit form. 2. Does the public have access to information about the compensation of subrecipient's senior executives through periodic reports filed under section 13(a)or 15(d)of the Security Exchange Act of 1934(15USC 78(m)(a),78o(d)),or section 6104 of the Internal Revenue Code of 1986? If yes,you are not required to report names and compensation.Please sign and submit form. If no,you are required to report names and compensation.Please fill out the remainder of this form. Please provide the names and total compensation of the top five most highly compensated executives in the space below. NOTE:Executive means officers,managing partners,or any other employees in management positions.Total compensation means the cash and noncash dollar value earned by the executive during the subrecipient preceding fiscal year and includes salary and bonus;awards of stock,stock options,and stock appreciation rights;earnings for services under non-equity incentive plans,change in pension value,above market earnings on deferred compensation which is not tax-qualified;and other compensation exceeding$10,000 as defined in Appendix A to 2 CFR Part 170. Name: Total Compensation: Name: Total Compensation: Name: Total Compensation: Name: Total Compensation: Name: Total Compensation: Authorized Representative Signature Date: By signing, you certify that the information contained on this form is true and accurate. Nebraska Emergency Management Agency FFATA Reporting Form/Certification Revised: 6/13/2019 Nebraska Emergency Management Hazard Mitigation Assistance Grant Programs Risk Assessment Title: QHMGP CFDA Number 97.039 OPDM CFDA Number 97.047 APPLICANT ORGANIZATION INFORMATION Applicant Organization Name: City of Omaha Federal Declaration/Grant Number: D R-4420-N E-0024 AUTHORITY The purpose of this assessment is to evaluate the risk of the applicant organization. Limited program experience,results of previous audits, changes in personnel/systems and/or results of prior monitoring/site visit protocols may increase an applicant's degree of risk but will not preclude the applicant from becoming an applicant. The applicant's degree of risk may require additional monitoring during the grant period of performance, in accordance with 2 CFR,200.331. QUESTIONS 1. How many prior Hazard Mitigation Program or similar federal grants has your organization managed during the last five(5)years? O Three(3)or more grants O Two(2) grants O One(1)grant O Zero(0)grants 2. What types of findings has your organization received in single audits during the past five(5)years? O No significant findings O Some minor findings O Some moderate findings(corrective actions must be made) O Significant findings(funding must be returned) 3. Have the personnel or systems in your organization used to manage grants changed during the past five(5)years? 0 No significant changes O Some minor changes O Some moderate changes(personnel or systems) O Significant changes(personnel and systems) 4. What types of findings has your organization received in monitoring or site visits during the past five(5)years? 0 No significant findings O Some minor findings O Some moderate findings (corrective action must be made) O Significant findings(funding must be returned) CERTIFICATION I certify the information provided in this assessment is true and accurate,and that all occurances of prior grant non-compliance have been disclosed. Authorized Representative(Signature) Date Authorized Representative(Printed) Title Nebraska Emergency Management Agency HMA Risk Assessment Form Revised: 6/25/2019 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 OMB Number:4040-0013 Expiration Date:02/28/2022 1.*Type of Federal Action: 2.*Status of Federal Action: 3.*Report Type: ▪a.contract a.bid/offer/application ®a.initial filing ▪b.grant b.initial award ❑ b.material change c.cooperative agreement c.post-award El d.loan e.loan guarantee Elf. loan insurance 4. Name and Address of Reporting Entity: Prime SubAwardee Tier if known: *Name City of Omaha 'Street l 1819 Farnam Street Street 2 'City Omaha State NE: Nebraska Zip 68183 Congressional District,if known: 5. If Reporting Entity in No.4 is Subawardee,Enter Name and Address of Prime: •Name Nebraska Emergency Management Agency 'Street l 2433 N.W. 24th Street Street 2 *City Lincoln State NE: Nebraska Zip 68524 Congressional District,if known: 6.*Federal Department/Agency: 7.*Federal Program Name/Description: FEMA Hazardous Mitigation Grant Program CFDA Number,if applicable: 8. Federal Action Number,if known: 9.Award Amount,if known: DR-4420-NE-0024 $ 547,080.00 10.a.Name and Address of Lobbying Registrant: Prefix *First Name N/A Middle Name 'Last Name N/A Suffix *Street 1 Street 2 City State Zip b. Individual Performing Services(including address if different from No.10a) Prefix *First Name Middle Name *Last Name N/A Suffix Street 1 Street 2 *City State Zip 11. Information requested through this form is authorized by title 31 U.S.C.section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C.1352.This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. *Signature: *Name: Prefix *First Name Middle Name *Last Name Suffix Title: Telephone No.: Date: Federal Use Onl Vsl Authorized for Local Reproduction Standard Form-LLL(Rev.7.97) ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-0009 Expiration Date:02/28/2022 Public 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 and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed (including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R.900, Subpart F). 2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and, if appropriate,the State, Prevention Act(42 U.S.C.§§4801 et seq.)which the right to examine all records, books, papers,or prohibits the use of lead-based paint in construction or documents related to the assistance; and will establish rehabilitation of residence structures. a proper accounting system in accordance with generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non directives. discrimination.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964(P.L. 88-352) 3. Will not dispose of, modify the use of,or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin;(b)Title IX of the Education site and facilities without permission and instructions Amendments of 1972,as amended(20 U.S.C. §§1681 from the awarding agency.Will record the Federal 1683, and 1685-1686),which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex;(c)Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973,as amended(29)U.S.C. with Federal assistance funds to assure non- §794),which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps; (d)the Age Discrimination Act of 1975,as 4. Will comply with the requirements of the assistance amended(42 U.S.C. §§6101 6107),which prohibits awarding agency with regard to the drafting, review and discrimination on the basis of age;(e)the Drug Abuse approval of construction plans and specifications. Office and Treatment Act of 1972(P.L. 92-255), as amended relating to nondiscrimination on the basis of 5. Will provide and maintain competent and adequate drug abuse;(f)the Comprehensive Alcohol Abuse and engineering supervision at the construction site to Alcoholism Prevention,Treatment and Rehabilitation ensure that the complete work conforms with the Act of 1970(P.L. 91-616),as amended, relating to approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or progressive reports and such other information as may be alcoholism;(g)§§523 and 527 of the Public Health required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol 6. Will initiate and complete the work within the applicable and drug abuse patient records; (h)Title VIII of the time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as 7. Will establish safeguards to prohibit employees from amended, relating to nondiscrimination in the sale, rental or financing of housing; (i)any other using their positions for a purpose that constitutes or nondiscrimination provisions in the specific statue(s) presents the appearance of personal or organizational under which application for Federal assistance is being conflict of interest,or personal gain. made;and(j)the requirements of any other nondiscrimination statue(s)which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97) Prescribed by OMB Circular A-102 11. Will comply,or has already complied,with the Federal actions to State(Clean Air)implementation requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955,as amended(42 U.S.C. §§7401 et seq.);(g) 1970(P.L.91-646)which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974,as acquired as a result of Federal and federally-assisted amended(P.L.93-523);and,(h)protection of programs.These requirements apply to all interests in real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973,as amended (P.L.93-205). Federal participation in purchases. 16. Will comply with the Wild and Scenic Rivers Act of 12. Will comply with the provisions of the Hatch Act(5 U.S.C. 1968(16 U.S.C.§§1271 et seq.)related to protecting §§1501-1508 and 7324-7328)which limit the political components or potential components of the national activities of employees whose principal employment wild and scenic rivers system. activities are funded in whole or in part with Federal funds. 17. Will assist the awarding agency in assuring compliance 13. Will comply, as applicable,with the provisions of the Davis- with Section 106 of the National Historic Preservation Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act Act of 1966,as amended(16 U.S.C. §470), EO 11593 (40 U.S.C.§276c and 18 U.S.C. §874), and the Contract (identification and protection of historic properties),and Work Hours and Safety Standards Act(40 U.S.C. §§327- the Archaeological and Historic Preservation Act of 333)regarding labor standards for federally-assisted 1974(16 U.S.C. §§469a-1 et seq). construction subagreements. 18. Will cause to be performed the required financial and 14. Will comply with flood insurance purchase requirements of compliance audits in accordance with the Single Audit Section 102(a)of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No.A-133, (P.L.93-234)which requires recipients in a special flood "Audits of States, Local Governments,and Non-Profit hazard area to participate in the program and to purchase Organizations." flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other Federal laws,executive orders, regulations, and policies 15. Will comply with environmental standards which may be governing this program. prescribed pursuant to the following: (a)institution of environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of Environmental Policy Act of 1969(P.L. 91- the Trafficking Victims Protection Act(TVPA)of 2000, as 190)and Executive Order(EO)11514;(b)notification amended(22 U.S.C. 7104)which prohibits grant award of violating facilities pursuant to EO 11738;(c) recipients or a sub-recipient from(1)Engaging in severe protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial with EO 11988; (e)assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or(3)Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972(16 U.S.C. §§1451 et seq.); (f)conformity of SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED SF-424D(Rev.7-97)Back