HomeMy Public PortalAboutORD16149BILL NO. 2021-025
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO. IZ9 til
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ACCEPT A HMGP (HAZARD MITIGATION GRANT
PROGRAM) GRANT FOR THE PURPOSE OF RECONSTRUCTING STORMWATER
INFRASTRUCTURE NEAR 608 AND 609 NORRIS DRIVE.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to accept a HMGP
grant agreement with the Federal Emergency Management Agency (FEMA) for the
purpose of reconstructing stormwater infrastructure near 608 & 609 Norris Drive.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: G_
okVZ4'i I
Presiding Officer
ATTEST:
Approved:
0TV"
Mayor Carrie Tergin
APPROVED AS TO FORM.-
City
ORM:
City A hey
Exhibit A
Memorandum
To: City Council
From: City Administrator
Re: Grant Acceptance Over $25,000
For: Consent Agenda
Pursuant to Section 2- 28 of the City Code, I request authority to accept the following Grant:
The name of the grantor:
Federal Emergency Management Agency (FEMA)
The amount of the grant:
$243,750.00
The purpose of the grant:
To reconstruct the stormwater on Norris Drive, near 608
and 609 Norris Drive
Any matching requirements or future
obligations tied to acceptance of the
grant:
There is a 25% local match required which equates to
$81,250.00 and will come from Sales Tax G
CFDA#:
97.039
Grant Award # (if any):
Federal #: FEMA -4451 -DR -MO, Project #0033
The grant will be associated with City Project #33089
City Department Responsible:
Public Works
Employee assigned as Grant
Administrator:
David Bange
Revenue account # to be amended:
10-990-430010 Federal Grants
Expense account # to be amended:
10-990-576023 Norris Drive Culvert
Reviewed by Finance:
U & -.
Please NOTE: Upon Approval of the Consent Agenda, the City Administrator may, on behalf of the city
execute any documents necessary for accepting the grant and amend the budget to reflect the acceptance of
such revenue, and amend the budget to reflect equivalent expenses so as to accomplish the purpose of such
funds.
For Finance Department Use only:
Approved on the Consent Agenda this day of , 2021
Revised 8/2/16 by Ordinance 15545
Missouri State Emergency Management Agency
Hazard Mitigation Grant Program (HMGP)
City of Jefferson
Norris Drive Low Water Crossing
Funding Approval Form
FEMA DR -4451 -MO Project 0033
Name and Address of Recipient:
Name and Address of Sub -recipient:
City of Jefferson
Missouri State Emergency Management Agency
320 East McCarty
P.O. Box 116
Jefferson City, Missouri 65101
Jefferson City, Missouri 65102
DUNS:048127740
Disaster Number:
CFDA Number:
FEMA -DR -4451 -MO
Project # 0033
97.039
Grant Award Date:
Anticipated Project Completion Date:
April 29, 2021
April 29, 2023
Non -Federal Match Source (25% Cost Share) The City of Jefferson will provide the 25% local
non -Federal match of cash in the amount of $81,250.00.
Project Description:
To help alleviate flooding on Norris Drive by replacing the partially collapsed culvert pipes with a new low
water crossing.
Budget
Description:
Federal
Non -Federal
Total
Award
Share
Project Cost
Project Funds:
$243,750.00
$81,250.00
$325,000.00
Total Funds Awarded:
$243,750.00
$81,250.00
$325,000.00
Signature of Authorized Representatives:
ja�� 7� I
CarrieTergin, Mayor
City of Jefferson
Ronald C. Broxton, Manager Recovery Division
Missouri State Emergency Management Agency
E� T M � 0 T T __",
aur o s 2021
By
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Date
DateV_;:
Missouri State Emergency Management Agency AD
Hazard Mitigation Grant Program (HMGP)
Norris Drive, Low dater Crossing Project Grant Agreement
FEMA -DR -4451 -MO, Project #00,33
This grant agreement is made by and between the Missouri State Emergency Management
Agency (SEMA), herein called the State and City of Jefferson -MO herein called the Sub -
recipient.
In reliance upon and in consideration of the mutual representations and obligations hereunder, the State
and the Sub -recipient agree as follows:
1. The State and Sub -recipient agree to accept responsibility for adherence to this Agreement.
2. The Sub -recipient agrees that any and all such amount of local funds, donations or in-kind (force
account) services or materials shall be equal to or greater than 25% of the total project costs as
follows:
(a) The Sub -recipient agrees to provide up to the full 25% of the non -Federal match for this
grant's (low water crossing).
(b) Where feasible, any matching non-cash in-kind (force account) services and supplies,
equipment and/or material contributions made by the Sub -recipient directly in support of
the grant project must be documented for possible future inspection in accordance with
SEMA's A Local Officials Guide to Managing A Hazard Mitigation Grant Program
Construction Project and reported to the state. In this circumstance, the following
documentation is required:
-Record of donors or governmental entities; dates, times, hourly rates and dollar
values of services performed; copies of notices, attendance rosters and minutes
or project meetings and work sessions; and the costs of any supplies, equipment
and/or materials expended by said donors or governmental entities (excepting
elected official salaries are not allowable/ eligible expenses for match)
(c) Also where applicable and feasible, any matching cash contributions that are received by
the Sub -recipient and earmarked for and expended or used directly in support of the
grant's (low water crossing) project must be documented and reported to the state. In this
circumstance, the following documentation is required:
-Record of donor, dates, amounts, and slips of deposit.
3. The Sub -recipient agrees that any proposed activity budget variances (from the Funding Approval
form) in excess of the amount of this Agreement shall be approved by the Sub -recipient's governing
body and subsequently by the State in writing prior to any obligation of funds for such activity.
4. The Sub -recipient agrees to complete the project in its entirety in accordance with the Scope of Work
as included in the original project application, and within its established budget as indicated in the
Funding Approval form unless amended in writing by the agreement of all parties.
Page 1 of 5
5. The (applicant) sub -recipient shall not contract with any entity identified on the General Services
Administration System for Award Management (SAM) https://www.sam.gov/SAM Excluded
Parties List (Debarred List) or the Missouri State Attorney General's Know MO web Link:
https://ago.mo.gov/app/search
6. Procurement by nnnr-.mmnPtitivP nrnnnsalg Siib-rPr_.iniPnt must follow 2 CFR Part 200.320 (f)
Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is
procurement through solicitation of a proposal from only one source and may be used only when
one or more of the following circumstances apply: (1) The item is available only from a single
source; (2) The public exigency or emergency for the requirement will not permit a delay resulting
from competitive solicitation "(3) The Federal awarding agency or pass-through entity expressly
authorizes noncompetitive proposals in response to a written request from the non -Federal entity;
or (4) After solicitation of a number of sources, competition is determined inadequate.
7. The Sub -recipient agrees to provide SEMA the name and contact information for the Project
Manager.
8. The Sub -recipient agrees to use contracting procedures acceptable to the State.
9. The Sub -recipient agrees to provide SEMA Monthly Progress Reports by the 10th of each month.
10. The Sub -recipient agrees to implement the project in accordance with the milestones identified in
the application work schedule. Should the Sub -recipient determine that any milestone will not be
met; the Sub -recipient will contact the State Emergency Management Agency to request approval
to revise the work schedule accordingly.
11. The Sub -recipient agrees to comply with any and all guidance provided by the State in regards to
this grant to include the Local Officials Guide to Managing a Hazard Mitigation Grant Program
Construction Project guidebook along with the applicable Hazard Mitigation Assistance Unified
Guidance.
12. The Sub -recipient agrees that the remediation of any hazardous materials discovered during the
completion of this project is the sole responsibility of the Sub -recipient. The Sub -recipient must
follow all Federal and State regulations. SEMA and FEMA will not contribute any resources or
accept any liability associated with the required remediation.
13. The Sub -recipient agrees that any Federal funds remaining from the allocation indicated in the
Funding Approval form after the project has been completed shall be returned to the State if they
have been drawn to the Sub -recipient's local depository, or canceled if such funds have not been
drawn.
14. The sub -recipient agrees to comply with 2 CFR Part 200.This guidance supersedes and consolidates
the requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, A-133, and A-50. This
applies to all awards issued after December 26, 2014.
15. The Sub -recipient agrees that the State and FEMA officials shall have full access to any documents
or materials relating to this Agreement at any reasonable time.
16. The Sub -recipient agrees that all funds received under this Agreement shall be held and used by the
Sub -recipient for the purpose of accomplishing this project only and that none of the funds so held or
received shall be diverted to any other use or purpose.
Page 2 of 5
17 The Sub -recipient agrees that any material prepared by the Sub -recipient or persons or firms
employed, or contracted, or otherwise assigned by the Sub -recipient shall be subject to free,
unrestricted use by SEMA.
18. The Sub -recipient agrees that any approval of contracts, sub -contracts, material or service orders, or
any other obligation by the Sub -recipient or their agents shall not be deemed an obligation by the
State, and the State shall not be responsible for fulfillment of the obligations of the Sub -recipient.
19 Advance Payment Request Requirements:
Advance Payment: For the purposes of this Grant Agreement, advance payment is defined
as funds given to a sub -recipient in advance of the sub -recipient incurring the debt. For
example, if a sub -recipient requests advance payment prior to paying the vendors bill,
receiving the funds would be considered an advance payment. Reimbursement cannot be
made until the activity has been performed, i.e equipment or services has been delivered and
invoiced. For example, when purchasing goods and services or an equipment item,
reimbursement cannot be made until the item has been received and the vendor has billed for
the item.
Consequently, the sub -recipient does not have to pay the vendor before submitting the
reimbursement request. The sub -recipient must have incurred the debt prior to submitting the
reimbursement request.
Reimbursement prior to paying a vendor, the following conditions must be taken into
consideration:
(a) There will be a minimum dollar amount established for sub -recipients requesting a
reimbursement with an advance payment, the dollar amount will be determined on a case-
by-case basis.
(b) When requesting a reimbursement with an advance payment, sub -
recipients are required to submit proof of payment (i.e. copy of check or
credit card statement) to SEMA within 30 days.
20. In the event that the State or an audit has determined a failure on the part of the Sub -recipient to
comply with this Agreement, the Sub -recipient shall perform remedial actions to correct the
deficiency, as determined by the State, which may include.-
(a)
nclude:
(a) Repayment or reimbursement of Federal funds spent inappropriately to the State;
(b) The return of Federal funds deposited at the Sub -recipient's local financial institution to
the State;
(c) The return of any equipment, materials or supplies purchased, leased or lease purchased
using Federal funds to the State or supplier;
(d) Other actions as the State deems appropriate.
21. The State may terminate this agreement in whole or in part, at any time before the date of completion,
whenever it is determined by the State that the Sub -recipient has failed to comply with the conditions
of this Agreement. The State shall notify the Sub -recipient in writing of the determination and the
reasons for the termination, together with the effective date. The Sub -recipient shall not incur new
obligations for the terminated portion after the effective date of the revocation of the Agreement, and
it shall be the duty of the Sub -recipient to cancel any and all outstanding obligations that are legally
possible.
Page 3 of 5
22. The State and Sub -recipient bind themselves to their successors, executors, administrators, assigns
and legal representatives or such other party, in respect to all covenants, agreements, and obligations
of this agreement.
23. The State agrees that it may at any time, in its sole discretion, give any consent, deferment,
subordination, release, satisfaction, or termination of any or all of the Sub -recipient's obliqations
under this Agreement, with or without valuable consideration, upon such terms and conditions as
the State may determine to be (a) advisable to further the purpose of the project or to protect the
State's financial interest therein, and (b) consistent with both the statutory purposes of the grant
and the limitations of the statutory authority under which it was made.
24. The Sub -recipient agrees to complete such action as is required to become fully informed of all State
and National laws and county and municipal ordinances and regulations in any manner affecting
those engaged or employed in the work, or the materials used in the work, or in any way affecting the
conduct of the work and the Sub -recipient shall at all times observe and comply with, all such
applicable existing and future laws, ordinances, regulations, orders and decrees and the Sub -
recipient further agrees to protect, indemnify and hold harmless, with respect to any damages arising
from any completed work or tort done in performing any of the work embraced by this Agreement,
SEMA, the State of Missouri and the Federal Emergency Management Agency and the officers and
agents of those entities, from any claim or liability arising from or based on the violation of any law,
ordinance, regulation, order or decree, whether by the Sub -recipient or the Sub -recipient's
employees.
25. The Sub -recipient agrees that it understands and accepts the responsibility under the Revised
Statutes of Missouri (RSMo) Sections 285.525 through 285.550 (Illegal Immigrants) to ensure that "no
business entity or employer shall knowingly employ, hire for employment, or continue to employ an
unauthorized alien to perform work within the state of Missouri." The Sub -recipient further certifies
that any contract awarded by the Sub -recipient will require the contracted business entity to comply
with the references mentioned above. The Sub -recipients understands that failure to comply with this
requirement will subject the Sub -recipient to the penalties described in the references mentioned
above.
26. The Sub -recipient agrees to make every effort to quantify and report losses avoided and
success stories to the State, for the recognized life of the project, after an event occurs that
requires the utilization of the facility or the objective of the project.
Page 4 of 5
Signatory Approval of the
Low Water Crossing Project
Grant Agreement
The parties hereto have made and executed this Agreement as of the day and year
indicated in this document and the attached Funding Approval Form.
Sub -recipient Signatory Representative
Carrie Tergin, Mayor Date
Jefferson City, Missouri
State Signatory Representative
Jamesmillard, Director Date
Misso ri State Emergency Management Agency
Page 5 of 5