OMB RE PRE-DISASTER MITIGATION GRANT AGREEMENT.PDF
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FY 2013 PRE-DISASTER RE-DISASTER MITIGATION - COMPETITIVE PROGRAM FEMA AGREEMENT ARTICLES PRE-DISASTER MITIGATION GRANT AGREEMENT ARTICLES CFDAti 97.047 GRANTEE: Arizona Division of Emergency Management AGREEMENT NUMBER: EMF-2014-PC-0003 AMENDMENT NUMBER: 0 DESIGNATED AGENCY: Arizona Division of Emergency Management PERFORMANCE PERIOD: 04/29/2014-04/28/2016 GENERAL INFORMATION: The Pre-Disaster Mitigation (PPM) program provides grants to States and Indian Tribal government or territory that, in turn, provide Subgrants to local governments for cost-effective mitigation activities that are selected via a Ranking. Funds will be used to implement a sustained pre-disaster natural hazard mitigation program to reduce overall risk to the population and structures, while also reducing reliance on funding from actual disaster declarations. ARTICLE I. FEMA AUTHORITY The United States of America through the Department of Homeland Security's Federal Emergency Management Agency (FEMA), hereinafter referred to as "the Grantor," agrees to grant to the State/Indian Tribal government, through its designated agency named above (hereinafter referred to as "the Grantee") funds in the amount specified on the obligating document, to support the Pre-Disaster Mitigation Grant Program, authorized under 42 U.S.C. 5133, Section 203, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), Public Law 93- 288, as amended, The Grantee agrees to abide by the Grant Award terms and conditions as set forth in this document. ARTICLE II. 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 subgrantee awards. The period of performance shall be 04/29/2014 through 04/28/2016. 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 Pre-Disaster Mitigation - Competitive project. Funds approved under this Grant Agreement may not be used for other purposes. If costs exceed the amount of FEMA funding 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: TOTAL Personnel $0.00 Fringe Benefit $0.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $106,675.00 Construction $0.00 Other $0.00 TOTAL DIRECT $106,675.00 Indirect Charges $0.00 TOTAL BUDGET $106,675.00 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 Agreement. ARTICLE V. COST SHARE The cost-share requirement for this award is 75 % Federal and 25 % non-Federal. Small, impoverished communities may receive a Federal cost-share of up to 90 % of the total cost to implement eligible PDM activities. The cost-share for this program is governed by 42 USC 5133, Section 203(h), of the Stafford Act. a. The approved budget for state and/or non-small, impoverished communities: Federal funds of 580,000.00 (75 %) and non-Federal funds of $26,675.00 (25 %) for a total approved amount of $106,675.00. b. The following small, impoverished communities have been approved for cost share less than the required 25 % non-Federal: No small, impoverished communities are included in this Award Package. c. The total approved budget of Federal funds is $80,000.00 and non-Federal funds are $26,675.00 for a total approved amount of $106,675.00, which includes the combination of a. and b. above. ARTICLE VI. FEMA OFFICIALS FEMA officials are as follows: 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 Officer is: Joan Flack The Assistance Officer is the FEMA official who has full authority to negotiate, administer and execute all business matters of this Grant Agreement. The Assistance Officer is: Melissa A. Pulver 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 this grant agreement and are incorporated by reference. Prohibition on 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 any level 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 Agreement 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 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 13.50, 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 (5) 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 close out 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 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 environmental 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 Subgrantees 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 Agreement. 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. COSTSHARE: 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 the approval of each grant. Period of Performance extensions shall not be approved for delays caused by lack of cost-share funding. ENFORCEMENT: FEMA enforcement remedies shall be processed as specified in 44 CFR 13.43, Enforcement when the Terms and Conditions of this Grant Agreement 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 1336 Procurement, and must be in compliance with state laws and procedures. FUNDS TRANSFER: No transfer of funds to agencies other than those identified in the approved Grant Agreement 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 subgrantees. The Grantee commits itself to: I) initiating cash drawdowns only when actually needed for its disbursement; 2) timely financial reporting per FEMA requirements, using the SF-425 or equivalent report; 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. DUPLICATION 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 planning participants from other sources for the same purpose, such as benefits received from insurance claims, other assistance programs (including previous project or planning grants and subgrants from HMA programs), legal awards, or other benefits associated with properties or damage that are or could be subject of litigation. Because the availability of other sources of mitigation grant or loan assistance is subject to available information and the means of each individual applicant, 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. Applicants/Grantees and subapplicants/subgrantees will ensure that no discrimination is practiced. Applicants must consider fairness, equity, and equal access when prioritizing and selecting project subapplications to submit with their application. Subapplicants and 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 SCOPE OF WORK: Requests for changes to the scope of work (SOW) after award are permissible as long as they do not change the nature or total project cost of the activity, properties identified in the subapplication, the feasibility and effectiveness of the project, or the benefit cost ratio. Requests must be supported by adequate justification from the applicant in order to be processed. The justification is a description of the proposed change, a written explanation of the reason or reasons for the change; an outline of remaining funds available to support the change; and a full description of the work necessary to complete the activity. All approvals will be at FEMA's discretion, and there is no guarantee that SOW changes will be approved. 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 Performance; 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 Agreement. 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 occurs. Future awards and fund drawdowns 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 performance 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 performance 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. Al] 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. Close out of the Grant Agreement will be commenced and processed as prescribed under Article VII. 3. ARTICLE VIII. 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 are also applicable to this Grant Award: OMB Circular A-110 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 OMB Circular A-87 Cost Principles for State and Local Governments OMB Circular A-2I Cost Principles for Educational Institutions OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments 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. -"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 (CFR) 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 Part 10-Environmental Considerations 44 CFR Part 13-Uniform Administrative Requirements for Grants and Cooperative Agreements to 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 Part 230 (OMB Circular A-122)- COST PRINCIPLES FOR NON-PROFIT ORGANIZATIONS 48 CFR Part 31.2 (FAR) Award Package Review Page 1 of 2 Award Package (Part 3 of 3) FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 1 a. AGREEMENT NO. 2. AMENDMENT 3. RECIPIENT NO. 4, TYPE OF 5. CONTROL NO. EMF-2014-PC-0003 NO. 86-6004791 ACTION F490646N 0 STD 6 RECIPIENT NAME AND 7, ISSUING FEMA OFFICE AND 8. PAYMENT OFFICE AND ADDRESS ADDRESS ADDRESS AZ Division of FEMA Region IX Emergency 1111 Broadway, 1111 Broadway Management Oakland, CA - 94607 5636 E. McDowell Rd. , Specialist:Joan Flack 510-627- Building 5505 7023 Phoenix AZ , 85008-3455 9. NAME OF RECIPIENT PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR PHONE NO. PROJECT OFFICER 602-464-6254 Joan Flack 510-627-7023 Darlene Trammell 11 EFFECTIVE DATE OF 12. METHOD OF 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION PAYMENT From:04-29- 04-29-2014 0 2014 To:04-28-2016 Budget Period From:10-01- To:09-30-2014 2013 15, DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NAME (ACCS CODE) TOTAL AWARDED THIS TOTAL AWARD NON- ACRONYM XXXX-XXX-XXXXXX- AWARD ACTION FEDERAL XXXXX-XXXX-XXXX-X + OR (-) COMMITMENT PDMC 97.047 2014-69-K112-R092- $0.00 $80,000.00 $80,000.00 $26,675.00 4101-D TOTALS $0.00 $80,000.00 $80,000,00 $26,675.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. No 16 a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) 16b, FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE Signed by Wendy Smith-Reeve GRANTEE 04-30-2014 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE Signed by KAREN ARMES 05-08-2014 Regional Director Go Back View More Award Packages https://eservices.fema.gov/FEMAMitigation/AwardPackages.do?fromFemaAwardPage=tru.. . 6/4/2014 Award Package Review Page 2 of 2 https://eservices.fema.gov/FEMAMitigation/AwardPackages.do?fromFemaAwardPage —tru... 6/4/2014