Common use of Timeframes and Communications Clause in Contracts

Timeframes and Communications. 1. All time designations shall be in calendar days unless otherwise stipulated. The review period will be extended until the next business day, if a review period included in this Agreement concludes on a Saturday, Sunday, State, or Federal holiday. If requested, FEMA will extend a review period consistent with the time designations in this Agreement for parties affected by an unanticipated state office closure in East Baton Rouge Parish declared by the Louisiana Commissioner of Administration. Any electronic communication forwarding plans or other documents for review under the terms of this PA that is sent after 4:00 pm Central Time will be deemed to have been received by the reviewing party on the next business day. E-mail comments by the Signatories on any documents submitted for review under this Agreement are timely if they are received at any time on or before the last day of a review period. Responses sent by mail will be accepted as timely if they are postmarked by the last day allowed for the review. If any Signatory does not object to FEMA’s finding or determination related to an Undertaking within an agreed upon timeframe, FEMA may proceed to the next step in the consultation process as described in Stipulation II, Project Review. 2. Due to the varied nature of Undertakings, the individual response times to FEMA’s requests for comment/concurrence will vary. These response times are contingent upon FEMA ensuring that its findings and determinations are made by Qualified staff and supported by documentation as required by 36 CFR § 800.11(d) and 36 CFR § 800.11(e), and consistent with FEMA guidance. a. For Emergency Undertakings as outlined in Stipulation II.B, Expedited Review of Emergency Undertakings, SHPO and participating Tribe(s) shall respond to any FEMA request for comments within three (3)-days after receipt, unless FEMA determines the nature of the emergency action warrants a shorter time period. b. For Undertakings associated with the Individual Assistance (IA) and Public Assistance (PA) programs, the response time for each request for concurrence shall be a maximum of fifteen (15)-days, or in accordance with temporary timelines established by FEMA on a Declaration by Declaration basis in coordination with SHPO and participating Tribe(s). c. For the Hazard Mitigation Grant Program (HMGP) and all non-disaster programs, the response time for each request for concurrence shall be a maximum of thirty (30)-days. 3. The consulting parties may send and accept official notices, comments, requests for further information and documentation, and other communications required by this Agreement by e-mail. a. If the size of an e-mail message is unusually large or an e-mail is returned to a sender because its size prevents delivery, the sender will contact the recipient(s) and determine alternative methods to deliver the information. b. Time-sensitive information that is not sent by e-mail should be sent by overnight mail, courier, or be hand-delivered. The timeframe for requests for review not sent by e-mail will be measured by the date the delivery is signed for by the individual recipient or the agency or organization representing the Signatory.