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HomeMy Public PortalAboutRecipient-Subrecipient Agreement September 2019GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY BRIAN P. KEMP GOVERNOR Honorable Jason Buelterman Mayor City of Tybee Island Post Office Box 2749 Tybee Island, Georgia 31328 Dear Mayor Buelterman: September 20, 2019 HOMER BRYSON DIRECTOR Enclosed is your signed copy of the Recipient-Subrecipient Agreement for the City of Tybee Island's Hazard Mitigation Grant Program (HMGP) award designated HMGP 4294-0004 to structurally elevate twelve (12) substantially damaged properties. Please commence work on your project adhering to the approved scope of work and the signed agreement. Purchases for your project should be made according to procurement procedures which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal laws and standards. We are enclosing the U.S. Department of Homeland Security Office of Inspector General (DHS -OIG) report "Audit Tips for Managing Disaster Related Project Costs". The report offers advice on how to effectively manage grant funds and document and account for grant related costs. The approved federal funds for your project will be reimbursed per the project Administration Guidelines listed in Exhibit '`D" of this agreement. The initial period of performance for this grant expires June 30, 2021. Quarterly progress reports are due at the end of each calendar quarter. The initial progress report will cover the period through September 30, 2019. It should be submitted no later than October 15, 2019. If you have any questions, please contact Kelsey Goodman, Hazard Mitigation Risk Reduction Supervisor, at (404) 977-7418. ely, Ten -y unn Hazar+ itigation Manager KG/vl Enclosures cc: George Shaw, Planning & Zoning Manager City of Tybee Island Shawn Gillen, City Manager City of Tybee Island Dennis Jones, Director Chatham County Emergency Management Agency Kristen Higgs. Area Coordinator Georgia Emergency Management and Homeland Security Agency Post Office Box 18055 • Atlanta, GA 30316-0055 (404) 635-7000 • 1-800-TRY-GEMA • gema.georgia.gov HMGP 4294-0004 City of Tybee island HAZARD MITIGATION GRANT PROGRAM Recipient-Subrecipient Agreement On January 24, 2017, the President declared that a major disaster exists in the State of Georgia. This declaration was based on damage resulting from severe weather and tornadoes. This document is the Recipient-Subrecipient Hazard Mitigation Assistance Agreement for the major disaster, designated FEMA -4294 -DR, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288 as amended by Public Law 100-707, 42 USC 5121 et seq. ("The Act"), in accordance with 44 CFR 206 Subpart N, Hazard Mitigation Grant Program. Under this Agreement, the interests and responsibilities of the Recipient, herein after referred to as the State, will be executed by the Georgia Emergency Management and Homeland Security Agency (GEMA/HS). The individual designated to represent the State is the GEMA/HS Director, the Governor's Authorized Representative. The Subrecipient to this Agreement is City of Tybee Island. The interests and responsibilities of the Subrecipient will be executed by the City of Tybee Island agent, the Subrecipient Authorized Representative. 1. The following Exhibits are attached and made a part of this agreement: Exhibit "A": Application for Federal Assistance, Standard Form 424 Exhibit "B": Assurances -Construction Programs, Standard Form 424 D Exhibit "C": Acknowledgement of Conditions for Mitigation of Property in SFHA Exhibit "D": Project Administration Guidelines: Financial Assistance, Hazard Mitigation Grant Program Exhibit "E": Certification regarding Drug -Free Workplace Requirements Exhibit "F": Certification regarding Lobbying Exhibit "G": Certification of Safeguarding Duplication of Benefits Information Exhibit "H": Disclosure and Certification of Flood Insurance Exhibit "I": Deed Restriction Amendment Exhibit "J": Scope of Work Exhibit "K": Progress Payment Request Form Exhibit "L": Federal Funding Accountability and Transparency Act Certification 2. Pursuant to Section 404 of the Act. funds are hereby awarded to the Subrecipient on a 75 percent federal cost share and 10 percent state cost share basis for the hazard mitigation project(s) described in Exhibits "N' and "J". The Subrecipient shall be responsible for the remaining 15 percent share of any costs incurred under Section 404 of the Act and this Agreement. Allowable costs will be governed by 2 CFR Part 200. 3. If the Subrecipient violates any of the conditions of disaster relief assistance under the Act, this Agreement, or applicable federal and state regulations; the State shall notify the Subrecipient that additional financial assistance for the project in which the violation occurred will be withheld until such violation has been corrected to the satisfaction of the State. In addition, the State may also withhold all or any portion of financial assistance which has been or is to be made available to the Subrecipient for other disaster relief projects under the Act, this or other agreements, and applicable federal and state regulations until adequate corrective action is taken. RSA -4294, Property Elevation -1- HMGP 4294-0004 City of Tybee Island EXHIBIT "A - COVER PAGE FOR CURRENT APPLICATION FOR FEDERAL ASSISTANCE RSA -4294, Construction -3 THROUGH 6 - Exhibit "A" OMB Number 4040-0004 Expiration Date: 10/31/2019 Application for Federal Assistance SF -424 *1. Type of Submission: Preapplication Application *2. Type ® New ❑ Continuation of Application: " If Revision, select appropriate letter(s) * Other (Specify): 1 Application Q Changed/Corrected • Revision *3 Date Received. 4. Applicant Identifier: 5a. Federal Entity Identifier: 5b. Federal Award Identifier: State Use Only: 6. Date Received by 7. State Application Identifier: State: 1 8. APPLICANT INFORMATION: *a. Legal Name: I c r• -.y i bee > la I . 1 vfh , (;i1 * b. EmployerfTaxpayer Identification Number (EINffIN): * c. Organizational DUNS: I rg-Soa=,g�;J i 1 01063133-2-4 I d. Address: *Streets: Street2: *City, County/Parish: *Slate: Province: *Country: *Zip / Postal Code: I Q•a. 60x 11 LI 4'03 ;wiser A -✓e _ I Tv 1_s Ltd 1 GA: Georgia e ISA: UNITED STATES I 3 [ 3 s ?3r i e. Organizational Unit: Department Name: Division Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix: Middle Name: Last Name: Suffix: *First Name: i 5'ko W Title: Organizational Affiliation: f * Telephone Number: . - To 3 r Fax Numb i 1 12 - tj -rNumber: I ! i ii *Email: 1_4610.14,/ I,P��.�!'6L A .bra Application for Federal Assistance SF -424 * 9. Type of Applicant 1: Select Applicant Type: B: County Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: 1 * Other (specify): *10. Name of Federal Agency: Federal Emergency Management Agency 11. Catalog of Federal Domestic Assistance Number: 9"'. "19 CFDA Title: Hazard Mil .gation Grant Pr gram HMGP * 12. Funding Opportunity Number: 1 *Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment * 15. Descriptive Title of Applicant's Project: Attach supporting documents as specified in agency instructions. Add Attachments ' ;'s Application for Federal Assistance SF -424 16. Congressional Districts Of: * a. Applicant G -A - 1 * b. Program/Project (s - 0 1 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment Delete Attachment View Attachment 17. Proposed Project: * a. Start Date: * b. End Date: 18. Estimated Funding ($): *a. Federal * b. Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL 0.00 0. 00 0.00 0 .00 0 .00 0 .00 0.00 * 19.1s Application Subject to Review By State Under Executive Order 12372 Process? ❑ a This application was made available to the State under the Executive Order 12372 Process for review on ® b. Program is subject to E.A. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) No and attach In Yes ® If "Yes" provide explanation mad art,: ^-e^` ii.*L*, �..__,-- 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms If I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ® ** I AGREE *" The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix:* First Name: _., , 3 r_ Middle Name: *Last Name: l .6u 42.1 ti k. Suffix: i 1 , *Title: PAxVDf" *Telephone Number: I 41 1 _ lir - 5 --vg ( Fax Number: * Email: I re ly " CI) c}: -Y: 0.Y }-/yam. 4 I *Signature of Authorized Representative:*Date / atii ..)....2.7 J Signed: �� zL�i 5 E1MGP 4294-0004 City of Tybee Island EXHIBIT "C" COVER PAGE FOR CURRENT ACKNOWLEDGEMENT OF CONDITIONS RSA -4294, Property EIevation -10- Exhibit "C" HMGP 4294-0004 City of Tybee Island must be competitively bid, and must comply with Federal, State, and local procurement standards. FEMA finds five methods of procurement acceptable: 1) Micro -purchase procedures: an informal method for securing services or supplies that do not cost more than $3,000. Micro -purchases may be awarded without soliciting competitive quotes if the Subrecipient considers the price to be reasonable. 2) Small purchase procedures: an informal method for securing services or supplies that do not cost more than $100,000 by obtaining several price quotes from different sources. 3) Sealed bids: a formal method where bids are publicly advertised and solicited, and the contract is awarded to the responsive bidder whose proposal is the lowest in price. 4) Competitive proposals: a method similar to sealed bid procurement in which contracts are awarded on the basis of contractor qualifications instead of on price. 5) Non-competitive proposals: a method whereby a proposal is received from only one source, because the item is available only from a single source; there is an emergency requirement that will not permit delay. C. Maintain sufficient records to detail the significant history of procurement. These records will include, but are not necessarily limited to, the following: rationale for the method of procurement, selection of contract type, and contractor selection or rejection. D. Take affirmative steps to assure the use of small and minority firms, women's business enterprises, and labor surplus area firms when possible. E. Include specific provisions in Subrecipient's contracts to allow changes, remedies, changed conditions, access and records retention, suspension of work and other clauses approved by the Office of Federal Procurement Policy. 6. Payments A. Progress Payments 1) When progress payments are desired, you must submit a written request (on provided form at Exhibit "K") and provide supporting documentation, such as an invoice and copies of check. 2) The Hazard Mitigation Risk Reduction Specialist reviews the request and supporting documentation. The Hazard Mitigation Manager reviews and approves or denies the request. 3) If the request is denied, the Hazard Mitigation Manager will inform you in writing that additional documentation is required to support the request. RSA -4294, Property Elevation -1 1 - Exhibit "D" HMGP 4294-0004 City of Tybee island B. The Subrecipient'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 prior to 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 award will commence and be processed as prescribed under final inspection procedures described in this Recipient-Subrecipient Agreement. 10. Environmental and Historic Preservation Conditions A. The following Environmental Project Conditions must be followed to ensure the project remains in compliance through implementation: B. Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review did not address all federal, state, and local requirements. Acceptance of federal funding requires Recipients to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. C. If ground -disturbing activities occur during construction or demolition. Subrecipient 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. 11. Equipment/Supplies — The Subrecipient must comply with the regulations listed in 2 CFR 200.313 Equipment, 200.314 Supplies, and must be in compliance with state laws and procedures. 12. Award Modifications A. Any award modifications, including deviation from the approved scope of work or budget, must be submitted in writing for approval prior to implementation. Award Modifications include: 1) Any revision which would result in the need for additional funding. 2) Transfers between budget categories. B. The Subrecipient shall follow prior approval requirements for budget revisions found in 2 CFR 200.308. 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. RSA -4294, Property Elevation -13- Exhibit "D" HMGP 4294-0004 City of Tybee Island EXHIBIT "E" Certification Regarding Drug Free Workplace Requirements This certification is required by the regulations implementing the Drug -Free Workplace Act of 1988, 2 CFR Part 3001. The regulations require certification by Subrecipients, prior to award, that they will maintain a drug-free workplace. The certification set out below is a material representation of fact upon which reliance will be placed when the agency determines to grant the award. False certification or violation of the certification shall be grounds for suspension of payments. A. The Subrecipient certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Recipient and Subrecipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about -- (1) The dangers of drug abuse in the workplace; (2) The Recipient's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs: and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the award 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 condition of employment under the award, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position and title, to every award officer or other designee on whose award activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected award; (f) Taking one of the following actions, within 30 calendar days of receiving (d)(2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to consistent with the requirements of the Rehabilitation Act of 1973,29 U.S (2) Requiring such employee to participate satisfactorily in a drug abuse program approved for such purposes by a Federal. State, or local health, appropriate agency; notice under subparagraph and including termination, .C. § 701 et seq.; or assistance or rehabilitation law enforcement, or other (g) Making a good faith effort to continue to maintain a drug-free workplace paragraphs fa), (b), (c), (d). (e) and (f). RSA -4294, Property Elevation -15- Exhibit "E" through implementation of HMGP 4294-0004 City of Tybee Island EXHIBIT "G" Certification of Safeguarding Duplication of Benefits Information The Subrecipient hereby agrees and warrants this Duplication of Benefits information is to be used for the sole purpose of applying for and administering Hazard Mitigation Grant Program funds. The Subrecipient hereby assures that all Duplication of Benefits information obtained from FEMA will be adequately safeguarded from improper disclosure, and confidentially maintained by the Subrecipient. HMA funds cannot duplicate nor be duplicated by funds received by or available to Applicants, sub -applicants, or project participants from other sources for the same purpose, such as benefits received from insurance claims, other assistance programs (including HMA programs), legal awards, or other benefits associated with properties or damage that are or could be subject to litigation. Individuals or entities must notify the Grantee and FEMA of all benefits that they receive or anticipate from other sources for the same purpose, and must seek all such benefits available to them. The total amount of eligible costs will be reduced by the amount of available benefits prior to calculating the required cost share. The cost share is based on the total eligible costs after DOB deductions have been made. Duplications may occur at any time: however FEMA must be reimbursed for benefits identified or received after an award. RSA -4294, Property Elevation -17- Exhibit "G" HMGP 4294-0004 City of Tybee island Exhibit "I" RECORDED DEED RESTRICTION AMENDMENT The subrecipient (or property owner) must legally record a notice that includes the name of the current property owner (including book/page reference to record of the current title, if readily available), a legal description of the property, and the following notice of flood insurance requirements: This property has received Federal hazard mitigation assistance. Federal law requires that flood insurance coverage on this property must be maintained during the life of the property regardless of transfer of ownership of such property. Pursuant to 42 U.S.C. 5154a, notwithstanding any other provision of law, no Federal disaster relief assistance made available in a flood disaster area may be used to made a payment (including any loan assistance payment) to a person for repair, replacement, or restoration for damage to any personal, residential, or commercial property if that person at any time has received flood disaster assistance that was conditional on the person first having obtained flood insurance under applicable Federal law and subsequently having failed to obtain and maintain flood insurance as required under applicable Federal law on such property. The property owner is also required to maintain this property in accordance with the floodplain management criteria of 44 CFR Section 60.3 and any city/county ordinance. RSA -4294, Property Elevation -19- Exhibit "1" HMGP 4294-0004 City of Tybee Island The following conditions apply: Programmatic Conditions: Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. 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 jeopardize federal funding. If 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. This project must adhere to all program guidelines established for the Hazard Mitigation Grant Program. The City of Tybee Island agrees to record Deed Restriction Amendment within 14 days after settlement for each elevated property utilizing the model Deed Restriction Amendment shown in Exhibit "I" of this agreement. The City of Tybee Island agrees to provide a Certificate of Occupancy for each structure in the project to certify that the structure is code -compliant. The City of Tybee Island agrees to provide a copy of the recorded deed with restrictions for each property. The City of Tybee Island agrees to provide certification by an engineer, floodplain manager, or senior local official that the completed structure is in compliance with the approved SOW, local ordinances, NFIP regulations, and technical bulletins. The City of Tybee Island agrees to provide a Final Elevation Certificate (FEMA Form 81-31) for each structure to ensure the structure has been elevated to the approved SOW elevation. Any property sold after application submission, April 11, 2018, must receive an updated signed Acknowledgement of Conditions for Mitigation of Property in SHFA Form by new homeowner(s) prior to beginning any construction activities. Special Environmental Conditions: NHPA: If human remains or intact archaeological deposits are uncovered, work in the vicinity of the discovery will stop immediately and all reasonable measures to avoid or minimize harm to the finds will be taken. The applicant will ensure that archaeological discoveries are secured in place, that access to the sensitive area is restricted, and that all reasonable measures are taken to avoid further disturbance of the discoveries_ The applicant's contractor will provide immediate notice of such discoveries to the applicant. The applicant shall contact the Georgia Department of Natural Resources and FEMA within 24 hours of the discovery. Work in the vicinity of the discovery may not resume until FEMA has completed consultation with SHPO, Tribes, and other RSA -4294, Property Elevation -21- Exhibit J., HMGP 4294-0004 City of Tybee Island EXHIBIT "K" Progress Payment Request Form Date: HMGP Progress Payment Request Instructions: All requests for progress payments must be supported by documentation supporting actual expenditures. Itemize each expenditure below to the fullest detail possible, including a reference to specific sites or elements of work. Attach documentation that supports this progress payment request, such as copies of bills of sale, invoices, receipts, and checks evidencing payment. Do not send originals. Attach a continuation sheet if necessary. Agreement Number:HMGP-4294-0004 FEMA Project Number: HMGP-4294-0004 Subrecipient Name: City of Tybee Island GMS ID. Number: HHM294003 S ite Reference or Element of Work Approved Amount Previous Payment Current Request Description of Documentation Attached in Support of this Payment Request Pre -Award Costs Engineering and Permitting Construction Project Management $48,000 $106,217 $1,327,715 $66,386 (from continuation sheet attached) SUBTOTAL TOTAL Less Subrecipients Share (15%) NET AMOUNT REQUESTED Under penalty of perjury, I certify that to the best of my knowledge the data above is correct and that all outlays were made in accordance with the award conditions, comply with procurement regulations contained within the 2 CFR, Part 200, and that payment is due and has not been previously requested. 1 am familiar with Section 317 of Public Law 93-288, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Signature of Subrecipient's Authorized Representative (and printed name) RSA -4294, Property Elevation Exhibit "K" -23- EMGP 4294-0004 City of Tybee Island 10. Please list the names and compensation of the sub-awardee's five most highly compensated officers_ 1. 2. $ 3. $ 4. $ 5. $ 1 certify that to the best of my knowledge all of the information on this form is complete and accurate. Authorized Signature:52-- %,..,(1,.--- Date: g[ 22t C-9 This section is for use by the Georgia Emergency Management and Homeland Security Agency Only. Sub -award Obligation/Agency Name: In accordance with The Federal Funding Accountability and Transparency Act of 2006 (FFATA), this document has been processed in the FFATA Sub -award Reporting System (FSRS) by the undersigned: Signature Date: Sub -award Obligation/Action Date: RSA -4294, Property Elevation -25- Exhibit "L"