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HomeMy Public PortalAboutHazard Mitigation Grant 4284-0055HMGP 4284-0055 City of Tybee Island HAZARD MITIGATION GRANT PROGRAM Recipient-Subrecipient Agreement On October 8, 2016, the President declared that a major disaster exists in the State of Georgia. This declaration was based on damage resulting from Hurricane Matthew. This document is the Recipient-Subrecipient Hazard Mitigation Assistance Agreement for the major disaster, designated FEMA -4284 -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": Exhibit "B": Exhibit "C": Exhibit "D": Exhibit "E": Exhibit "F": Exhibit "G": Exhibit "H": Application for Federal Assistance, Standard Form 424 Assurances -Construction Programs, Standard Form 424 D Project Administration Guidelines: Financial Assistance, Hazard Mitigation Grant Program Certification regarding Drug -Free Workplace Requirements Certification regarding Lobbying Scope of Work Progress Payment Request Form 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 "A" and "F". 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. 4. The Subrecipient agrees that federal or state officials and auditors, or their duly authorized representatives may conduct required audits and examinations. The Subrecipient further agrees that they shall have access to any books, documents, papers and records of any RSA -4284, Construction -1- HMGP 4284-0055 City of Tybee Island recipients of federal disaster assistance and of any persons or entities which perform any activity which is reimbursed to any extent with federal or state disaster assistance funds distributed under the authority of the Act and this Agreement. 5. The Subrecipient will establish and maintain an active program of nondiscrimination in disaster assistance as outlined in implementing regulations. This program will encompass all Subrecipient actions pursuant to this Agreement. 6. The Subrecipient agrees that the mitigation project contained in this agreement will be completed by City of Tybee Island on or before March 31, 2021. Completion dates may be extended upon justification by the Subrecipient and approval by FEMA and the Governor's Authorized Representative. 7 The written assurances provided by City of Tybee Island pertaining to FEMA's post award approval conditions apply to this Award Agreement and are incorporated by reference. 8. The Subrecipient shall follow Uniform Administrative Requirements for awards found in 2 CFR Part 200 and FEMA HMA (Hazard Mitigation Assistance) program guidance to implement this award. 9. There shall be no changes to this Agreement unless mutually agreed upon, in writing, by both parties to the Agreement. ,zfzi.a L, Governor's Authorized Subrecipient's Authorized Representative Representative Date Date RSA -4284, Construction -2- HMGP 4284-0055 City of Tybee island EXHIBIT "A - COVER PAGE FOR CURRENT APPLICATION FOR FEDERAL ASSISTANCE RSA -4284, 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' I-1 Preapplication Z Application — ChangedlCorrected Application • 2 Type of Application: * If Revision, select appropriate letter(s): gi New Continuation Revision * Other (Specify). i '3 Date Received: 4. Applicant Identifier: r 5a Federal Entity Identifier. 5b. Federal Award Identifier: 4284-0055 State Use Only: 6. Date Received by 7. State Application Identifier State: HHM284099 8. APPLICANT INFORMATION: *a. Legal Name: city of Tybee Island * b EmployerlTaxpayer Identification Number (EINTTIN). * c. Organizational DUNS: 58-6000661 106893210000 d. Address: *Streetl: Street2: - City: County/Parish: `State. Province: ` Country' * Zip / Postal Code: Post Office Box 2749 903 Butler Avenue Savannah GA: Georgia I _ , J USA: UNITED STATES e. Organizational Unit: Department Name: Division Name: 1 f. Name and contact information of person to be contacted on matters involving this application: Prefix: ' First Name: Angela Middle Name: * Last Name: Hudson Surnx: Title Director of Finance and General Admin. ` Organizational AffiI iation, I I *Telephone Number: 912-472-5021 Fax Number: `Email: ahudson@cityoftybee.org Application for Federal Assistance SF -424 * 9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): • 10. Name of Federal Agency: , Federal Emergency Management Agency 11. Catalog of Federal Domestic Assistance Number: 97.039 CFDA Title: Hazard Mitigation Grant Program (HMGP) * 12. Funding Opportunity Number: 9284-0055 *Title: Hurricane Shutters for grit -cat Faci i-ies 13. Competition Identification Number: Title: I _J 14. Areas Affected by Project (Cities, Counties, States, etc.); Add Attachment * 15. Descriptive Title of Applicant's Project: 1Purchase and install hurricane shutters for ten critical facilities. 1 I Attach supporting documents as specified in agency instructions. Add Attachments Application for Federal Assistance SF -424 16. Congressional Districts Of: *a Applicant 7 ,1 ' b. Program/ProjectI -1 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment 17. Proposed Project: *a- StartDate. 09/26/2019 * b. End Date: 12 it 21 '-1 18. Estimated Funding ($): * a. Federal 121,590.00 *b. Applicant 29,318.00 'c.State 16,212.00 ` d. Local 0. 00 *e. Other 0.00 *f Program Income 0.00 *g. TOTAL 162,120.00 * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? to the State under the Executive Order 12372 Process for review on has riot been selected by the State for review. 0 a. This application was made available b. Program is subject to E.O. 12372 but c. Program is not covered by E.O. 12372. 1 A/1— ..,J17 , *20.1s the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) Yes 01,4 No If *Yes", provide explanation and attach i i J 21. *By signing this application, I certify herein are true, complete and accurate comply with any resulting terms if I accept subject me to criminal, civil, or administrative (1) to the statements contained in the list of certifications** and (2) that the statements to the best of my knowledge. 1 also provide the required assurances'" and agree to an award. I am aware that any false. fictitious, or fraudulent statements or claims may penalties. (U.S. Code, Title 218, Section 1001) or an Internet site where you may obtain this list, is contained in the announcement or agency 0 ** 1 AGREE ** The list of certifications and assurances, specific instructions Authorized Representative: Prefix * First Name Jason Middle Name: ' Last Name lauelterman Suffix. *Title: Mayor 'Telephone Number: 912-472-5080 Fax Number' i *Email. jbuelterrnan@cityaftybee.org ' Signature of Authorized Representative ,<A... \Weal )16e—e-0-7.1.[,--3.--1--es--- -- - * Date Signed: HMGP 4284-0055 City of Tybee Island EXHIBIT "B" COVER PAGE FOR CURRENT ASSURANCES -CONSTRUCTION PROGRAMS RSA -4284, Construction -7 THROUGH 9 - Exhibit "13" ASSURANCES — CONSTRUCTION PROGRAMS O.M.B NO. 4040-0009 Expiration Date: 01317)019 I- Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing nstr..cions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection I 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), I Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENTAND BUDGET SEND IT TO THE I ADDRESS PROVIDED BY THE SPONSORING AGENCY NOTE: Certain of these assurances may not be applicable to your project or program. If you have question` please contact the Awarding Agency Further, certain federal assistance awarding agencies may require applicants to certify additional assurances If such is the case, you wilt 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, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs' to ensure proper planning, management and completion of project described in this application. 2. Will give the awarding agency. the Comptroller General of the United States and, if appropriate, the State, the right to examine ail 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. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency Will record the Federal awarding agency directives and will include a covenant in the title of real properly acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard 10 the drafting, review and approval of construction plans and specifications 5 Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7 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. B. Wilf comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 24 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race. color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.0 §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism, (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title ViII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale rental or financing of housing, (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the application. 11. Will comply, or has already complied, with the requirements of Titles 11 and Ili of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs, These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.0 §§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. J 13. 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), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a ' of the Flood Disaster Protection Act of 1973 (Pl. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (t) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (Pl. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205) 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring cornpliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§46ga-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE Ol' A THORIZED CERTIFYING OFFICIAL APPLIC PORGANIZAT City .lee Island TITLE Mayor DATE SUBMITTED 25 /6/10 h SF -424D (Rev 7-97) Back HMGP 4284-0055 City of Tybee Island EXHIBIT "C" GEORGIA EMERGENCY MANAGEMENT and HOMELAND SECURITY AGENCY Hazard Mitigation Grant Program Project Administration Guidelines: Financial Assistance This fact sheet provides a synopsis of information contained in the Recipient-Subrecipient Agreement and other applicable documents. Its purpose is to provide general guidelines for efficient and timely Hazard Mitigation Grant Program project administration. 1. Project Identification — The Federal Emergency Management Agency (FEMA) has assigned project number HMGP 4284-0055 to this project. Please reference this number in all correspondence, as doing so will greatly assist us in processing any actions for this project. 2. Documentation — You must keep full documentation to get maximum payment for project related expenditures. Documentation will be required as part of the approved Hazard Mitigation Grant Program project file. Documentation consists of: A. Recipient-Subrecipient Agreement B. Copies of checks, vouchers or ledger statements C. Contracts awarded D. Invoices or other billing documents E. Progress reports F. Record of advance or progress payments (where applicable) 3. Funding — Cost sharing has been established at 75% federal, 10% state, and 15% applicant. 4. Debarred and Suspended Parties — You must not make any award or permit any award (subaward or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". 5. Procurement Standards — You may use your own procurement procedures, which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal laws and standards. Below is a summary of key procurement standards that a Subrecipient should incorporate as discussed in 2 CFR Sections 200.318 to 200.326. A. Conflict of Interest Policy — The Subrecipient must maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award, and administration of contracts as required in 2CFR Section 200.318. B. Procurement — Perform procurement transactions in a manner providing full and open competition. Contracts and Procurements must be of reasonable cost, RSA -4284, Construction -10- Exhibit "C" HMGP 4284-0055 City of Tybee Island generally 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 "G") 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 -4284, Construction -11- Exhibit "C" HMGP 4284-0055 City of Tybee Island 4) If the request is approved, the Hazard Mitigation Manager will authorize payment of the requested amount. 5) Quarterly report submissions must be current in order to receive progress payments. B. Advance Payments --- Advance payments will be made on an exception basis only. 7. Subrecipient Performance — The scope of work (see Exhibit F) must be initiated within 90 days of this award notification. A. If documentation, inspections or other reviews reveal problems in performance of the scope of work, the Hazard Mitigation Manager will inform you in writing of the deficiencies. B. In addition, the State may also withhold all or any portion of financial assistance which has been made available under this agreement until adequate corrective action is taken. 8. Award Expiration Date A. The award expiration date runs through March 31, 2021 and has been established based on project milestones established by the applicant in their application. The award expiration date is the time during which the Subrecipient is expected to complete the scope of work. You may not expend FEMA or state funds beyond this date. All costs must be submitted for reimbursement within 60 days of the end of the award expiration date. B. Requests for time extensions to the Award Expiration Date will be considered but will not be granted automatically. A written request must be submitted to the Hazard Mitigation Manager with an explanation of the reason or reasons for the delay. Without justification, extension requests will not be processed. Extensions will not be granted if the Subrecipient has any overdue quarterly progress reports. If an extension is requested, it must be received 90 days prior to the award expiration date. When fully justified, the State Hazard Mitigation Manager may extend the award expiration date. 9. Project Termination A. The Recipient, Subrecipient, or FEMA may terminate award agreements upon giving written notice to the other party at least seven (7) calendar days prior to the effective date of the termination. All notices are to be transmitted via registered or certified mail. RSA -4284, Construction -12- Exhibit "C" HMGP 4284-0055 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 -4284, Construction -13- Exhibit "C" HMGP 4284-0055 City of Tybee Island 13. Appeals — You may submit an appeal on any item related to award assistance. Appeals must be submitted to the State Hazard Mitigation Manager within 90 days of the action which is being appealed. 14. Progress Reports A. Quarterly progress reports are required. The report will be supplied to you by GEMA/HS on a quarterly basis for your completion. B. The initial progress report will cover the period through December 31, 2019. It must be submitted no later than January 15, 2020. C. Subsequent reports must be filed by you within fifteen days after the end of each calendar quarter (March 31, June 30, September 30, and December 31). 15. Interim Inspections — Interim inspections may be conducted by GEMA/HS staff and/or FEMA staff. 16. Project Closeout A. When all work has been completed, you must notify your Hazard Mitigation Risk Reduction Specialist in writing to request project closeout. B. A desk review will be conducted by your Hazard Mitigation Risk Reduction Specialist. 17. Audits — If you receive $750,000 or more in federal assistance from all federal sources, not just this award, during your fiscal year, you are responsible for having an audit conducted as prescribed by the Single Audit Act and sending a copy to the Georgia Department of Audits and Accounts. Mail reports to: Department of Audits and Accounts Non -Profit and Local Government Audits 270 Washington Street, SW, Room 1-156 Atlanta, Georgia 30334-8400 If you need additional information or assistance, contact the GEMA/HS Hazard Mitigation Program at (404) 635-7522 or 1-800-TRY-GEMA. RSA -4284, Construction -14- Exhibit "C" HMGP 4284-0055 City of Tybee Island EXHIBIT "D" 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 notice under subparagraph (d)(2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973,29 U.S.C. § 701 et seq.; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency:. (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). RSA -4284 Exhibit "D" -15- HMGP 4284-0055 City of Tybee Island EXHIBIT "E" CERTIFICATION REGARDING LOBBYING Certification For Contracts, Awards, Loans, and Cooperative Agreements This certification is required by the regulations implementing the New Restrictions on Lobbying, 44 CFR Part 18. The undersigned certifies, to the best of his or her knowledge and belief. that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal award, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation. renewal, amendment, or modification of any Federal contract, award, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, award, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub awards, and contracts under awards, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Subrecipient's Authorized Representative Date RSA -4284, Construction -16- Exhibit "E" HMGP 4284-0055 City of Tybee Island EXHIBIT "F" SCOPE OF WORK Installation of certified wind protection devices (Hurricane Shutters) on the ten (10) buildings identified in the table below. All installations will be in strict compliance with the Georgia Building Code or applicable Local Building codes. All materials will be certified to meet wind and impact standards. The local municipal or county building department will inspect and certify installation according to the manufacturers ' specifications. The project shall provide protection against 125MHP winds or the wind speed protection and impact requirements indicated by the Building Code at the time permits are issued. Shown below is the funding level and scope of work for the Hazard Mitigation Grant Program project for City of Tybee Island. Any changes to this spreadsheet MUST RECEIVE PRIOR APPROVAL FROM GEMA/HS and will be maintained by GEMA/HS and shall supersede all previous versions. Location Total Project Costs FEMA Share State Share Local Share Tybee Island Old School Building (204 5t' Street Tybee Island, GA 31328) $41.995 $31,496 $4,200 $6,299 Tybee Island YMCA Building (204 59' Street Tybee Island, GA 31328) $9,766 $7,325 $977 $1,465 Tybee Island Cafeteria Building (204 5t' Street Tybee Island, GA 31328) $18,556 $13,917 $1,856 $2,783 Tybee Island Gymnasium (204 5°' Street Tybee Island, GA 31328) $5,860 $4,395 $586 $879 Tybee Island Fire Department (512 Jones Avenue Tybee island, GA 31328) $15,626 $11,720 $1,563 $2,344 Tybee Island Marine Science Center (1510 Strand Avenue Tybee Island, GA 31328) $9,766 $7,325 $977 $1,465 RSA -4284, Construction Exhibit "F" -17- HMGP 4284-0055 City of Tybee Island Tybee Island Police Department (78 Van Horne Street Tybee Island, GA 31328) $35,159 $26,369 $3,516 5,274 Tybee Island Water Sewer Building (923 Bay Street Tybee Island, GA 31328 $7,813 $5,860 $781 $1,172 Tybee Island Campground Office (5 Fort Avenue Tybee Island, GA 31328) $14,649 $10,987 $1,465 $2,197 Tybee Island Campground Manager's Residence (5 Fort Avenue Tybee Island, GA 31328) $2,930 $2,197 $293 $439 Totals: $162,120.00 $121,590.00 $16,212.00 $24,318.00 The following conditions apply: The subgrantee is responsible for obtaining any required Coastal Management Program permits/waivers from the Georgia Department of Natural Resources Coastal Resources Division. Compliance with the Coastal Resource Division requirements constitutes compliance with GA CMP. Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance will be required at project closeout. 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. RSA -4284, Construction -18- Exhibit "F" HMGP 4284-0055 City of Tybee Island EXHIBIT "G" 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-4284-0055 FEMA Project Number: HMGP-4284-0055 Subrecipient Name: City of Tybee Island GMS ID. Number: HHM284099 Site Reference or Element of Work Approved Amount Previous Payment Current Request Description of Documentation Attached in Support of this Payment Request ft im continuation sheet attached) SUBTOTAL TOTAL Less Subrecipients Share (15%) NET AMOUNT REQUESTED Under penalty of perjury, 1 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. I 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 -4284, Construction Exhibit "G" -19- HMGP 4284-0055 City of Tybee Island EXHIBIT "H" Federal Funding Accountability and Transparency Act Certification In order to remain in compliance with The Federal Funding Accountability and Transparency Act of 2006 (FFATA) reporting, complete Items 1-7 and Items 8-10 if necessary, and certify by an authorized agent. Sub -award Number: HHM284099 Federal Agency Name: Federal Emergency Management Agency CFDA Program Number and Program Title: 97.039 Hazard Mitigation Grant Program (HMGP) Sub -award Project Description: City of Tybee Island WIND RETROFIT 1. Sub-awardee DUNS Number 2. Sub-awardee Name 3. Sub-awardee DBA Name 4. Sub-awardee Address 5_ If DBA, Sub-awardee Parent DUNS Number 6. Sub -award Principle Place of Project Performance 7. In the preceding fiscal year, did the sub-awardee receive 80% of its annual gross revenues from the Federal government? Yes No If Yes, continue to question 8. If No, questionnaire is complete. 8. In the preceding fiscal year, were the sub-awardee's annual gross revenues from the Federal government more than $25 million annual? Yes No If Yes, continue to question 9. If No, questionnaire is complete. 9. Does the public have access to the names and total compensation of the sub-awardee's five most highly compensated officers through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes No If Yes, continue to question 9. If No, questionnaire is complete. RSA -4284, Construction -20- Exhibit "H" HMGP 4284-0055 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. 4/ Authorized Signature: 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 -4284, Construction -21- Exhibit "H"