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08/30/2008 14:45 FAX 5106277126 Z005/006 <br />activities, the Grantee must obtain written approval from FEMA before making any fund <br />or budget transfer from non -construction to construction or vice versa. <br />B. No transfer of funds to agencies other than those identified in the approved cooperative <br />agreement application shall be made without prior approval from FEMA. <br />C. If a Grantee estimates that it will have unobligated funds remaining after the end of the <br />performance period, the Grantee should report this to the FEMA Regional Office for <br />disposition instructions. <br />D. Requests for time extensions to the performance period will be considered but will not be <br />granted automatically and most be supported by adequate justification in order to be <br />processed. The justification shall contain the reason for the delay, an outline of remaining <br />funds available to support the extended performance period and a description of the <br />performance measures necessary to complete the project. Requests for time extension will <br />not be considered unless performance and financial reports are current. Extension requests <br />must be approved by the Program staff at FEMA Headquarters. <br />ARTICLE VII - OTHER TERMS AND CONDITIONS <br />The other terms and conditions of this agreement are as follows: <br />A. Prior to the start of any construction activity, the Grantee shall ensure that all applicable <br />Federal, State, and local permits and clearances are obtained. . <br />B. Prior to the start of any project, it must be reviewed by FEMA for compliance with the <br />National Environmental Policy Act (NEPA), as implemented under 44 CFR, Part 10. <br />Grantees are encouraged to seek guidance from the FEMA Environmental Officer in <br />complying with NEPA and other environmental requirements. <br />C. The Grantee is free to copyright original work developed in the course of or under the <br />agreement. FEMA reserves a royalty -free, nonexclusive and irrevocable right to <br />reproduce, publish, or otherwise use, and to authorize others to use, the work for <br />Government purposes. Any publication resulting from work performed under this <br />agreement shall include an acknowledgement of FEMA financial support and a statement <br />that the publication does not necessarily reflect FEMA's views. <br />ARTICLE VIII - AUDIT REQUIREMENTS <br />All Grantees must follow the audit requirements of OMB Circular No. A-133, Revised. Non - <br />Federal entities that expend $500,000 or more in Federal awards in a year shall have a single or <br />program -specific audit conducted for that year in accordance with the provisions of A-133. <br />ARTICLE IX - GOVERNING PROVISIONS <br />The Grantee and any sub -Grantees shall comply with all applicable laws and regulations. A non- <br />exclusive list of laws and regulations commonly applicable to FEMA grants is attached hereto for <br />reference only. <br />The Grantee and sub -Grantees shall also be bound by the Guidance Document, which is attached <br />hereto.. The following Office of Management and Budget circulars are also applicable to this grant: <br />June 2006 B-3 <br />