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AGENDA STAFF REPORT
DATE: April 25, 2016
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Joe Stilinovich, Chief of Police
SUBJECT: FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION
(FEMA) / GOVERNORS OFFICE OF EMERGENCY
SERVICES /CALIFORNIA OFFICE OF EMERGENCY SERVICES
(CAL -OES) FY15 PRE - DISASTER MITIGATION COMPETITIVE
GRANTS PROGRAM GRANT
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6636 allowing the City of Seal Beach
to accept, as a sub - grantee, a grant of the Federal Emergency Management
Administration (FEMA) and California Governor's Office of Emergency Services
(Cal OES), Hazard Mitigation Grant Program (HMGP), to fund the creation of a
Local Hazard Mitigation Plan (LHMP), and designating City Manager, Chief of
Police and Emergency Services Coordinator to serve as the City's agents to file
the application and provide all required assurances and agreements pertaining to
such state disaster assistance.
BACKGROUND AND ANALYSIS:
The FEMA Pre - Disaster Mitigation (PDM) Program, authorized by Section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, is
designed to assist States, territories, Federally- recognized tribes, and local
communities in implementing a sustained pre- disaster natural hazard mitigation
program. The goal is to reduce overall risk to the population and structures from
future hazard events, while also reducing reliance on Federal funding in future
disasters. This program awards planning and project grants and provides
opportunities for raising public awareness about reducing future losses before
disaster strikes. PDM grants are funded annually by Congressional
appropriations and are awarded on a nationally competitive basis.
Mitigation requires the coordinated effort and participation of a wide range of
stakeholders and the public in the planning process. Hazard mitigation is the
cornerstone of every community's approach to reducing vulnerability to disasters.
Hazard mitigation is the only phase of emergency management specifically
dedicated to breaking the cycle of damage, reconstruction, and repeated
Agenda Item
damage. The planning process is as important as the resulting plan because it
creates a framework for the City of Seal Beach to reduce the negative impacts
from future disasters on lives, property, and the environment.
A Local Hazard Mitigation Plan (LHMP) is a collaborative effort to identify,
reduce, or eliminate the long -term risk to human life and property from natural or
human - caused hazards. The City of Seal Beach (COSB) faces risks from natural
and man -made hazards that threaten life, property, and the environment. The
LHMP is a proactive strategy for reducing disaster losses and building overall
resilience. It protects the COSB economy and environment from preventable
losses and helps bring funding to hazard mitigation initiatives and projects. The
plan assesses mitigation progress, creates benchmarks for future action, and
provides a coordinating frame of reference for mitigation actions. The mitigation
actions combine to make the COSB more resilient to impacts anticipated from
natural and human - caused disasters.
The COSB LHMP would be the primary hazard mitigation guidance document,
and provides an updated and comprehensive description of historical and current
hazard analysis, mitigation strategies, goals and objectives. More importantly, the
LHMP reflects the COSB commitment to reduce or eliminate potential risks and
impacts of natural and human - caused disasters in keeping families, homes and
communities better prepared and more disaster resilient.
In 2015 the COSB made an application to FEMA, via the Cal -OES HMGP to fund
the creation of a LHMP. The COSB received notification on December 24, 2015
that the subgrant application was approved for the amount of $72,930.00. The
grant performance period is 5/29/2015 through 10/30/2018. All costs must be
incurred during the period of performance, including pre -award costs.
By accepting the award pursuant to the attached Resolution (Attachment A) the
COSB assumes certain administrative and financial responsibilities including the
timely submission of all financial and programmatic reports. In connection with
the grant, CAL -OES also requires that the resolution designate those officials
who are authorized to act as the COSB's agents to provide all required
assurances and agreements in connection with the grant. These provisions have
all been incorporated into the proposed Resolution.
Page 2
ENVIRONMENTAL IMPACT:
This item has been reviewed under the California Environmental Quality Act
(CEQA) and the State CEQA Guidelines (14 Cal. Code Reg. Section 15000 et
seq.). This resolution is not a "project" as defined under Section 15378(b)(4) of
the Guidelines because this resolution is the creation of government funding
mechanisms or other government fiscal activities which do not involve any
commitment to any specific project which may result in a potentially significant
physical impact on the environment, and this item is therefore not subject to
CEQA's requirements. Even if this resolution were deemed a "project" and
therefore subject to CEQA, this item would be categorically exempt from
environmental review under Section 15308 of the Guidelines, which exempts
actions taken by regulatory agencies, as authorized by state or local ordinance,
to assure the maintenance, restoration, enhancement, or protection of the
environment where the regulatory process involves procedures for protection of
the environment. As outlined above, the LHMP would identify, reduce and /or
eliminate risks to human life and property caused by natural or human - caused
hazards, including environmental hazards, and help assess mitigation actions.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FISCAL IMPACT:
The COSB will be obligated to provide $24,310.00 of matching funds or "in- kind"
matching as part of the grant award obligation. This "in- kind" matching can be in
the form of employee salary time.
RECOMMENDATION:
That the City Council adopt Resolution No. 6636 whereby the City of Seal
Beach accepts the FEMA/CAL -OES Pre - Disaster Mitigation Grant Award to fund
the creation of a Local Hazard Mitigation Plan, and designates the City Manager,
Police Chief and Emergency Services Coordinator to serve as the City's agents
to file the application and provide all required assurances and agreements in
connection with such state disaster assistance.
SUBMITTED BY:
Joe St' novich, Chief of Police
NOTED AND APPROVED:
Prepared by: Sergeant Michael Henderson
Page 3
Attachments:
A. Resolution No. 6636, A Resolution of the City Council of the City of Seal Beach
Accepting a Grant of the Federal Emergency Management Administration
and the Governor's Office of Emergency Services for the Creation of a Local
Hazard Mitigation Plan and Designating the City Manager, Chief of Police
and Emergency Services Coordinator as the City's Agents to File the
Application and Provide all Required Assurances and Agreements pertaining
to such State Disaster Assistance
B. Cal -OES Approval Letter dated December 24, 2015
C. Hazard Mitigation Grants Program Notification to Subgrantees
D. Cal -OES Grant Subaward Face Sheet
E. FY 2015 Pre - Disaster Mitigation Program Grant Agreement Articles
F. Subrecipient Assurances - Hazard Mitigation Grants
Page 4
Attachment "A"
RESOLUTION NUMBER 6636
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH ACCEPTNG A GRANT FROM THE FEDERAL
EMERGENCY MANAGEMENT ADMINISTRATION AND THE
GOVERNORS OFFICE OF EMERGENCY SERVICES FOR THE
CREATION OF A LOCAL HAZARD MITIGATION PLAN AND
DESIGNATING THE CITY MANAGER, CHIEF OF POLICE, AND
EMERGENCY SERVICES COORDINATOR TO SERVE AS THE
CITY'S AGENTS TO FILE THE APPLICATION AND PROVIDE
ALL REQUIRED ASSURANCES AND AGREEMENTS
PERTAINING TO SUCH STATE DISASTER ASSISTANCE
Whereas, THE City of Seal Beach (City) faces risks from natural and man -made
hazards that threaten life property, and the environment. A Local Hazard
Mitigation Plan (LHMP) is a collaborative effort to identify, reduce, or eliminate
the long -term risk to human life and property from natural or human - caused
hazards. A LHMP is a proactive strategy for reducing disaster losses and
building overall resilience that would protect the City's economy and environment
from preventable losses and helps bring funding to hazard mitigation initiatives
and projects. The plan would assess mitigation progress, create benchmarks for
future action, and provide a coordinating frame of reference for mitigation
actions. The mitigation actions would combine to make the City more resilient to
impacts anticipated from natural and human - caused disasters.
Whereas, the City's LHMP would be the primary hazard mitigation guidance
document, and provides an updated and comprehensive description of historical
and current hazard analysis, mitigation strategies, goals and objectives. More
importantly, the LHMP would reflect the City's commitment to reduce or eliminate
potential risks and impacts of natural and human - caused disasters in keeping
families, homes and communities better prepared and more disaster resilient.
Whereas, in 2015 the City submitted an application to Federal Emergency
Management Administration (FEMA), via the Governor's Office of Emergency
Resolution Number 6636
Services (Cal -OES), Hazard Mitigation Grant Program (HMGP) to fund the
creation of a LHMP.
Whereas, on December 24, 2015 the City received notification that the subgrant
application was approved by FEMA for the amount of $72,930.00. The grant
performance period is April 29, 2015 through October 30, 2018 and all costs
must be incurred during the period of performance, including pre -award costs.
By accepting the award the City assumes certain administrative and financial
responsibilities including the timely submission of all financial and programmatic
reports.
Whereas, this resolution has been reviewed with respect to applicability of the
California Environmental Quality Act (CEQA) and the State CEQA Guidelines (14
Cal. Code Reg. Section 15000 et seq.). This resolution is not a "project" as
defined under Section 15378(b)(4) of the Guidelines because this resolution
creates government funding mechanisms or other government fiscal activities
which do not involve any commitment to any specific project which may result in
a potentially significant physical impact on the environment, and this item is
therefore not subject to CEQA's requirements. Even if this resolution were
deemed a "project" and therefore subject to CEQA, this resolution would be
categorically exempt from environmental review under Section 15308 of the
Guidelines, which exempts actions taken by regulatory agencies, as authorized
by state or local ordinance, to assure the maintenance, restoration,
enhancement, or protection of the environment where the regulatory process
involves procedures for protection of the environment. The LHMP would identify,
reduce and /or eliminate risks to human life and property caused by natural or
human - caused hazards, including environmental hazards, and help assess
mitigation actions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Resolution Number 6636
Section 1. The City Council of the City of Seal Beach hereby accepts the award
and agrees to be bound by all terms, conditions and provisions of the award.
Section 2. The City Council of the City of Seal Beach, a charter city established
under the laws of the State of California, hereby authorizes the City Manager, the
Chief of Police and the Emergency Services Coordinator as agents of the City, to
execute for and behalf of the City, this application and to file it with the California
Governor's Office of Emergency Services for the purpose of obtaining certain
federal financial assistance under Public Law 93 -288 as amended by the Robert
T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and /or state
financial assistance under the California Disaster Assistance Act.
Section 3. That the City Council of the City of Seal Beach, a charter city
established under the laws of the State of California, hereby further authorizes
each of said agents to provide to the Governor's Office of Emergency for all
matters pertaining to such disaster assistance the assurances and agreements
required.
Section 4. That this is a universal resolution and is effective for up to three (3)
years following the date of approval below.
Section 5. The members of the Seal Beach City Council are as follows:
Sandra Massa - Lavitt, Mayor;
Mike Varipapa, Mayor Pro Tem;
Ellery A. Deaton, Council member;
David W. Sloan, Council member; and
Gary A. Miller, Council member
Section 6. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 25th day of April , 2016 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Membe
Resolution Number 6636
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
Sandra Massa - Lavitt, Mayor
I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that
the foregoing resolution is the original copy of Resolution Number 6636 on
file in the office of the City Clerk, passed, approved, and adopted by the City
Council at a regular meeting held on the 25th day of April, 2016.
Robin L. Roberts, City Clerk
Attachment "B"
EDMUND G. BROWN JR.
GOVERNOR
"s`y%
7F OOVERNOR'S OFFICE
OF EMERGENCY SERVICES
December 24, 2015
Jill Ingram
City Manager
Seal Beach, City of
211 Eighth Street
Seal Beach, CA 90740
MARK S. GHILARDUCCI
DIRECTOR
11000
-/Q* l 1a
Subject: Notification of Application Approval
FYI Pre - Disaster Mitigation Competitive Grant Program
Grant #2016 -0001, Project #PL0487, FIPS #059- 70686, Supplement #0
Dear Mr. Ingram:
The California Governor's Office of Emergency Services (Cal OES) received notification that the
Federal Emergency Management Agency (FEMA) has approved your organization's subgrant
application in the amount of 72,930.00. A copy of the FEMA award package is enclosed for your
records.
In order to receive payment, all subgrantees must have a signed Grant Award Face Sheet, a current
(within the last 3 years), valid Governing Body Resolution, and updated Grant Assurances on file
with our office (sample copies enclosed). These forms may be downloaded in an electronic format
at www.caloes.ca.gov following the links: Cal OES Divisions; Hazard Mitigation; Pre - Disaster &
flood Mitigation; Post Obligation Documents. Please complete the. electronic forms and return them
to the address below within 30 Days. Please ensure that the person signing the Grant Award Face
Sheet is authorized by the Governing Body Resolution. Payments will be made on a reimbursement
basis using the Hazard Mitigation Reimbursement Form. A ten percent (10 %) retention will be
withheld from all reimbursement payments and will be released as part of the subgrant closeout
process.
Reimbursements can be made for only items listed on the approved subgrant application;
expenditures for any other work should be separately maintained and are the sole responsibility of
the subgrantee. Any funds received in excess of current needs or approved amounts, or those
found owed as a result of a final inspection or audit must be refunded to the State within 30 days
of receipt of an invoice from Cal OES.
Please read all enclosed documents prior to initiating the approved project. For further assistance
please contact Hazard Mitigation Grants at (916) 845 -8150.
Grants Processing Unit
Enclosures
c: Applicant's File
-- q". 5cc
3650 SCHRIEVER AVENUE - MATHER, CA 95655
GRANTS PROCESSING UNIT
(916) 845 -8110 - (916) 636 -3780
Federal Emergency Management Agency E- Grants
EMF- 2016 -PC -0001
ALS 2016 -0001
PDM15
PDM 15 Grant Application Form
FEMA Signed Award Package Subaward Cover Page
Grant Application Year: 2015 Date Obligated
California PDM
Grant Application Title: 2015 Grant Date Awarded:
Application
Grant Application Number: PDMC- 09 -CA-
2015
Plan
PDM15- PLO487
059 -70686
Application Number Subgrant Applicant
PDMC- PL09 -CA- 2015 -011 City of Seal Beach
Page 1 of 1
11/24/2015
12/11/2015
Non - Federal Federal
Share Share
$24,310.00 $72,930.00
100% Subaward
Amount
$97,240.00
Grant Performance Period: 0512912015 to 1013012018
Final Closeout Documents to Cal OES: 7/31/2018
-'
Award Package Page 1 of 1
Award Letter
U.S. Department of Homeland Security
FEMA Region IX
1111 Broadway
Suite 1200
Oakland, CA 94607
"VIF;
FERIA
Christina Curry
Assistant Secretary , California Governor's Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655 -0000
Dear Christina Curry :
Enclosed is an executed copy of FEMA Form 76 -10A reflecting the award to your FY 2015 PDMC Grant
(PDMC- 09 -CA- 2015). Your SMARTLINK Grant Payment Account will be adjusted accordingly.
By accepting this award you assume certain administrative and financial responsibilities including the timely
submission of all financial and programmatic reports, resolution of all interim audit findings and the
maintenance of a minimum level of cash on hand. Should you not adhere to these responsibilities, you will
be in violation of the terms of this award.
If you have any questions regarding this matter, please call Joan Flack at 510 - 627 -7023.
Sincerely,
Michelle Weaver
Assistance Officer
www.fema.gov
Go Back Continue to Next Award Package Section
https:lleser-vices.fema. gov/ FEMAMitigation/ AwardPackages .do ?fromFemaAwardPage =t... 12/18/2015
Award Package Review
Award Package (Part 3 of 3)
Page 1 of 2
TOTALS $0.00 $259,518.28 8259,518.28 $86,505.57
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 Julie Norris GRANTEE 11 -24 -2015
18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE
Signed byAHSHA TRIBBLE 12 -11 -2015
Regional Director
Go Back View More Award Packages
https: / /eservices. fema. gov/ FEMAMitigation/ AwardPackages .do ?froniFemaAwardPage =t... 12/21/2015
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- 2016 -PC -0001
No. 68- 0278801
ACTION
F490657N
0
STD
6. RECIPIENT NAME AND
7. ISSUING FEMA OFFICE AND
8. PAYMENT OFFICE AND ADDRESS
ADDRESS
ADDRESS
California Governor's
FEMA Region IX
Office of Emergency
1111 Broadway, 1111
Services
Broadway
3660 Schriever Avenue,
Oakland, CA - 94607
Mather
Specialist:Joan Flack 510-627 -
CA , 95655 -0000
7023
9. NAME OF RECIPIENT
PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR
PHONE NO.
PROJECT OFFICER
916- 845 -8533 Joan Flack
510 -627 -7023
Christina Curry
11. EFFECTIVE DATE OF THIS
12. METHOD OF 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE
PERIOD
ACTION
PAYMENT S
From:05 -29-
11-24 -2015
O
2095
To:10 -30 -2018
Budget Period
From:10 -01-
To:09 -30 -2016
2015
15. DESCRIPTION OF ACTION
a. (Indicate funding data for awards or financial changes)
PROGRAM NAME CFDA NO,
ACCOUNTING DATA PRIOR
AMOUNT CURRENT
CUMMULATIVE
ACRONYM
(ACCS CODE) TOTAL
AWARDED THIS TOTAL AWARD
NOW
xxxx- XXX- XXXXXX- AWARD
ACTION
FEDERAL
XXXXX- XXXX- XXXX -X
+ OR ( -)
COMMITMENT
PDMC 97.047
2016- 69- K112 -R092- $0.00
6259,518.28 5259,518.28
$86,505.57
4101 -D
TOTALS $0.00 $259,518.28 8259,518.28 $86,505.57
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 Julie Norris GRANTEE 11 -24 -2015
18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE
Signed byAHSHA TRIBBLE 12 -11 -2015
Regional Director
Go Back View More Award Packages
https: / /eservices. fema. gov/ FEMAMitigation/ AwardPackages .do ?froniFemaAwardPage =t... 12/21/2015
Attachment "C"
HAZARD MITIGATION GRANTS PROGRAM
NOTIFICATION TO SUBGRANTEES
GRANT ADMINISTRATION PROCEDURES
1. ADVANCES (HMGP Only)
The California Governor's Office of Emergency Services (Cal OES) may consider approval of a one time advance
provided that the subgrantee justified the need for an advance in their Hazard Mitigation Grant Program (HMGP)
application. An advance can be made after federal funds have been approved, but before the expenditure of eligible
costs. The advanced amount will be subtracted from the subgrantee's first reimbursement request. The advance
request must be made by submitting a Request for Advance of Funds form. Subgrantees who did not request an
advance in their application are not eligible for advances. A special fund for the deposit of the state warrant must be
established upon receipt of any advance funding.
2. WORK SCHEDULES
The subgrantee must provide Cal OES with a projected work schedule within thirty (30) days of receipt of this
obligation package. This is a one - time -only report. It should outline the proposed work schedule for the approved
activity, including milestones. The milestones listed in your work schedule will be used to measure the progress
reported to Cal OES in the Quarterly Reports. Please provide a separate report for each grant. The work schedule
should include the following information:
Table /Chart or Graph - Create a table, chart or graph depicting your proposed work schedule by major milestones
(activities /measures) from the time of initiation to completion of proposed activity.
Time line - How long you anticipate the activity will take to complete (in months).
Phases - Explain in some detail, if you plan to perform your activity in several phases, and why.
Extended Start and Completion Dates - Explain any activity start dates beyond sixty (60) days from approval date,
or completion dates beyond three (3) years.
The Work Schedule should be sent to: California Governor's Office of Emergency Services
Hazard Mitigation Grants Division
3650 Schriever Avenue
Mather, California 95655
3. PROCUREMENT /COMPETITIVE BIDS PROCESS
All contract/procurement transactions must be carried out in a manner consistent with financial administrative
requirements found in Title 44 of the Code of Federal Regulations (44CFR) Part 13.
4. ALLOWABLE COSTS AND REIMBURSEMENTS.
Once Federal Emergency Management Agency (FEMA) approves a total eligible activity cost and obligates funding,
Cal OES can process reimbursement requests for eligible activities. Payments are made on a reimbursement basis and
no funds will be disbursed for activities that are not consistent with the approved scope of work. Activity
expenditures will be reimbursed at 75% of eligible costs. Additionally, Cal OES will withhold retention of 10% from
each reimbursement request. The retention amount will be released to the subgrantee upon completion of the closeout
process.
Reimbursement requests must be submitted to Cal OES on a Hazard Mitigation Reimbursement Form. The form must
be signed by the applicant's designated authorized agent.
Should the subgrantee be able to complete this work for less than the maximum allowable costs, the subgrantee will be
reimbursed at 75% of the actual costs. Any remaining funds will be deobligated. If activity costs exceed the
maximum allowable costs, the subgrantee will be reimbursed at 75% of the FEMA approved activity cost.
Hazard Mitigation Section Notification to Subgrantees (Revised 07- 12 -13) Page 1 of 4
5. COST OVERRUNS (HMGP Only)
Cost over -runs can be considered if available funding exists in the HMGP for the declared disaster. Cost over -runs
under ten (10) percent of the approved activity cost are allowed when offset by cost under -runs on other activities, as
determined by Cal OES. Cost over -runs exceeding ten (10) percent of the approved activity cost require Cal OES to
submit the request with a recommendation to the FEMA Regional Director for review and final determination.
Cost over -runs will be indicated by quarterly progress reports and may be verified by activity inspection. All cost
over -runs must be requested before expenditure of costs in excess of the total approved activity costs and the request
must be signed by the applicant's designated authorized agent. Costs in excess of total approved activity costs
expended before approval of cost over -runs will not be considered eligible HMGP expenditures. All cost over -runs
must be justified by the subgrantee and supported by a benefit -cost analysis prepared using the FEMA benefit -cost
models. Unjustified over -runs will be denied by Cal OES.
There is no guarantee that HMGP funds will be available to cover cost over -runs.
6. SCOPE OF WORK CHANGES:
Any requests for changes to the approved scope of work must be consistent with program guidance and regulations,
must be submitted to Cal OES and signed by the applicant's designated authorized agent. Pre - approval is required
before the start of any activity not included in the approved scope of work. Costs associated with any activity that is
not included in the approved scope of work are not eligible for reimbursement.
7. QUARTERLY REPORT PROCEDURES
Subgrantees are required to submit progress reports to Cal OES on a quarterly basis until the end of the approved
performance period or the activity is complete. Quarterly Reports will not be required of activities with duration of
less than three months. A single report for such short-term activities will satisfy reporting requirements.
The first Quarterly Report is due to Cal OES within three months following the activity initiation. Quarterly Reports
will thereafter be numbered consecutively by quarter and year (e.g. a 24 month project is required to submit S
quarterly reports.) The following is the schedule for the Quarterly Reports:
First Reporting Period:
Second Reporting Period:
Third Reporting Period:
Fourth Reporting Period:
January 01 -March 31
April 01 - June 30
July 01 - September 30
October 01 -December 31
Quarterly Reports shall include, at a minimum:
Report due by April 15
Report due by July 15
Report due by October 15
Report due by January 15
A. The status and completion date for the activity funded, including any problem or circumstances affecting the
completion date, scope of work, or costs which are expected to result in noncompliance with the approved
grant conditions.
B. A description of milestones completed in accordance with the work schedule provided by the subgrantee. The
milestones declared in the subgrantee's work schedule will be applied as a standard of the activity's progress.
Cal OES will review subgrantee reports to identify activities requiring special attention or inspection. The Governor's
Authorized Representative will review the reports and forward a report to the FEMA Regional Director on the status
of each grant.
Cal OES will suspend reimbursements to subgrantees that are not current in the submission of quarterly progress
reports. Reimbursement requests received for suspended grants will be returned to the subgrantee.
Hazard Mitigation Section Notification to Subgrantees (Revised 07- 12 -13) Page 2 of 4
Quarterly Reports must be sent to:
California Governor's Office of Emergency Services
Hazard Mitigation Grants Division
3650 Schriever Avenue
Mather, California 95655
8. INSPECTIONS
Cal OES reserves the right to inspect all activities for compliance. Cal OES may require the subgrantee to perform a
final inspection and prepare a report. If inspections and review of the subgrantee support documentation reveal
problems in performance of work and /or the documentation of such work, Cal OES shall require the subgrantee to
correct the deficiencies before close -out.
9. PERFORMANCE PERIOD EXTENSIONS
All performance period extension requests must include the dates and provision of all previous extensions on this
activity, a detailed explanation for the delay and a revised activity work schedule. All performance period extension
requests must be submitted to Cal OES and signed by the applicant's designated authorized agent. Any costs incurred
outside of an approved performance period will not be considered eligible activity costs.
HMGP
Extensions to original performance period of up to twelve months may be granted by Cal OES upon written request
from the subgrantee. Requests for time extensions must be submitted to Cal OES prior to the end of the current
approved performance period.
Requests for time extensions beyond the authority of Cal OES must be submitted to Cal OES in writing and received
by Cal OES no later than ninety (90) days prior to the expiration of the current approved performance period. Time
extension requests received by Cal OES less than ninety (90) days prior to the end of the current approved
performance period will not be considered. Cal OES must submit these requests to the FEMA Regional Director for
final determination.
Following the Regional Director's review, Cal OES will be notified in writing of the determination. Cal OES will
notify the subgrantee of FEMA's determination. If the extension is denied, the subgrantee can submit a second
request to be considered by the FEMA Associate Director.
FMA / LPDM / PDM / SRL
Performance period extension requests must be submitted to Cal OES in writing and received by Cal OES no later
than ninety (90) days prior to the expiration of the current approved period of performance. Time extension requests
received by Cal OES less than ninety (90) days prior to the end of the current approved period of performance will not
be considered. Review program guidance for period of performance extension request requirements.
10. ADMINISTRATIVE DOCUMENTS
The administrative documents included with this package must be completed, signed by an authorized representative
of the subgrantee and received by Cal OES before any payments can be processed. These forms include (1)
Subgrantee Assurances and (2) Designation of Applicant's Agent Resolution. Completed forms must be mailed to:
California Governor's Office of Emergency Services
Hazard Mitigation Grants Division
3650 Schriever Avenue
Mather, California 95655
11. FINAL REPORTS
Final Claims must be filed using the Final Claim form. All activity costs are subject to audit; therefore, adequate
documentation is required to verify the scope of work and the activity costs. All activity documentation must be
retained by the subgrantee for three years from closeout. The subgrantee shall submit a final report package
Hazard Mitigation Section Notification to Subgrantees (Revised 07- 12 -13) Page 3 of 4
to Cal OES when the activity has been completed. The documentation required is dependent on the type of
activity. The package must include at least the following:
• Final Claim form
• Accomplishments and results report
• Budget summary
• Photographs /materials
Payment of the 10% retention will be processed upon completion of the closeout process.
12. AUDITS
The Cal OES may request an audit of any funds disbursed to a subgrantee at any time, regardless of the amount. Each
subgrantee is required to provide reasonable and timely access to all records. Subgrantees that expend combined
federal awards above $500,000 must submit audit reports consistent with the requirements of Office of Management
and Budget OMB Circular A -133. Such audits of subgrantees will be conducted in accordance with the requirements
of the Single Audit Act and amended by 1996 (PL 104 -156). Records must be retained by the subgrantee for three
years from project closeout.
13. MONITORING
In order to provide reasonable assurance of compliance with applicable Federal and State laws and regulations, and to
comply with Cal OES's administrative oversight responsibilities, subgrantee activities shall be monitored and
associated finding (s) and program deficiencies resolved though viable corrective action plans. Financial and
administrative compliance monitoring is comprised of desk reviews, as well as field reviews, of specific subgrantee
information and supporting financial documentation and books of record.
14. APPEALS (RMGP Only)
A subgrantee may appeal any determination made by FEMA relative to grant assistance by submitting justification in
writing to Cal OES within sixty (60) days of the action being appealed. Appeals must be submitted through the
Governor's Authorized Representative (GAR). Subgrantees must provide sufficient information to allow the GAR to
determine the facts and validity of the request.
Cal OES will review the appeal material submitted, make any additional investigations necessary and forward the
appeal with a written recommendation to the FEMA Regional Director within sixty (60) days.
The FEMA Regional Director shall notify Cal OES as to the disposition of the subgrantee's appeal or need for
additional information within ninety (90) days following receipt of all related information. If the decision is to grant
the appeal, the Regional Director will take appropriate implementing action.
If the Regional Director denies the appeal, the subgrantee may submit a second appeal in writing to the GAR. The
GAR reviews the second appeal and may forward it to the FEMA Associate Director through the FEMA Regional
Director. Such appeals shall be made in writing and shall be submitted not later than sixty (60) days after receipt of
notice of the Regional Director's denial of the first appeal. The Associate Director shall render a determination on the
GAR's appeal within ninety (90) days following receipt of all related information. The Associate Director's
determination is final.
In rendering such determinations, the Associate Director may, in those cases involving appeals of a highly technical
nature, refer the appeal to an independent scientific or technical body for review. The GAR must first agree to such a
process, including a waiver of the ninety (90) day time limitation for appeal resolution, as well as sharing the cost of
such reviews.
See Part 44 of the Code of Federal Regulations (44CFR) Section 206.440.
Hazard Mitigation Section Notification to Subgrantees (Revised 07- 12 -13) Page 4 of 4
Attachment "D"
(Cal OES Use Only)
Cal OES# FIPS# VS # I Subaward #
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
GRANT SUBAWARD FACE SHEET
The California Governor's Office of Emergency Services (Cal OES), makes a Grant Subaward of funds set forth to the following:
1. Subrecipient: City Of Seal Beach 1a. DUNS#: 060752607
2. Implementing Agency: City of Seal Beach 2a. DUNS#:
3. Implementing Agency Address: 211 Eighth Street City of Seal Beach 90740
Street City Zlp+4
4. Location of Project: City of Seal Beach
City
5. Disaster/Program Tide: 2015 Pre - Disaster Mitigation Competitive
Orange County
County
6. Performance Period: 5/29/2015
7. Indirect Cost Rate:[] N /A; [] 10% de minimis; ❑ Federally Approved ICR °A
90740
Zip+4
to 10/3012018
Grant
Year
Fund Source
A. State
B. Federal
C. Total
D. Cash
Match
E. In -Kind
Match
F. Total
Match
G. Total Project
Cost
2015
8. PDM
$ 72,930.00
$ 24,310.00
$ 24,310.00
$ 97,240.00
Select
9. Select
$ 0.00
$ 0.00
Select
1o. Select
$ 0.00
$ 0.00
Select
11. Select
$ 0.00
$ 0.00
Select
12. Select
$ 0.00
$ 0.00
TOTALS
$ 0.00
$ 72,930.00
$ 72,930.00
$ 0.00
$ 24,310.00
$ 24,310.00
G Tout Pralmi
$ 97,240.00
'id. i ma Gram suoawara consists of this title page, the application for the grant, which Is attached and made a part hereof, and the
Assurances/Certifications. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City /County
Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipient certifias that *0 funds
received pursuant to this agreement will be spent exclusively an the purposes specified in the Grant Subaward. The Subrecipient accepts this Grant
Subaward and agrees to adminietar the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit
requirements, federal program guldellnes, and Cal OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may
be contingent on the enactment of the State Budget
14. Official Authorized to Sign for Subrecipient:
Name:
Telephone: 562 -431 -2527
(area code)
Payment Mailing Address: 211 8th Street
15. Federal Employer ID Number:
City Manager
(Email: jingram @sealbeachca.gov
City: Seal Beach
Zip +4: 90740
Signature: Date.
ff'OR Cal OES USE ONLY)
I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above.
Cal OES Fiscal Officer
Date
Grant Subaward Face Sheet — Cal OES 2 -101 (Revised 7/2015)
Cal OES Director (or designee) Date
GRANT SUBAWARD FACE SHEET INSTRUCTIONS
Cal OES Section: The top portion of the form contains blocks for four (4) important numbers,
Please do not fill in these blocks. These numbers will be entered by Cal OES,
1. Subrecipient_ -------___---- ._._...._. ------- .------- - - -('A
The Subrecipient is the unit of government or community based organization (CBO) that will have legal responsibility for these grant funds (e� `�''
County of Alameda, City of Fresno or Women's Place of Merced). Enter the legal title of the Subrecipient. 't/
1a. Federal DUNS Number (Subrecipient) 1Y
Enter the full 9 -digit Federal Data Universal Numbering System (DUNS) ID number for the Subrecipient. If the Subrecipient does t 41 have a
DUNS number assigned, one may be obtained by contacting Dun & Bradstreet at 866 - 705 -5711 or at www.dnb.com. This requ' nt applies to
federally funded grants only. Your DUNS # must be current and active in the System for Award Management (SAM) at the ti- your Award.
2. Implementing Agency
Enter the complete name of the agency responsible for the day -to -day operation of the grant (e.g. Sheriff, Police De lint, or Department of
Public Works). If the Implementing Agency is the same as the Subrecipient, enter the same title again.
2a. Federal DUNS Number (Implementing Agency) r
Enter the full 9 -digit Federal Data Universal Numbering System (DUNS) ID number for the Implementing noy. If the Implementing Agency does
not yet have a DUNS number assigned, one may be obtained by contacting Dun & Bradstreet at 866 -7 1 or at www dnb.com. This
requirement applies to federally funded grants only. Your DUNS # must be current and active in the em for Award Management (SAM) at the
time of your Award.
3. Implementing Agency Address
Enter the address of the Implementing Agency, Provide the complete nine digit zip code +
4. Location of Project
Enter the City and County /Operational Area where the project is located_ Prov' li mplete nine digit zip code (Zip +4).
S. Disaster /Program Title ,,�^^���
Enter the name of the Disaster or Program providing the funds for this G�MrtSubaward. A disaster may be referred by the federal declaration
number. Program titles should be complete without the use of acrony
S. Performance Period 0
Enter beginning and ending dates of the performance period Grant Grant Subaward. (mmldd /yy)
7. Indirect Cost Rate 47 (
Indicate whether you are using the 100% de minimis ra��! /lll;ed on Modified Total Direct Costs (MTDC) or your cognizant agency approved indirect
cost rate agreement. A copy of the approved ICR Ng nation Agreement must be enclosed with your application. Indicate N/A if you will not be
claiming indirect costs under the award. Indlcos mayor may not be allowable under all Federal fund sources.
8A —12G. Fund Allocations and Total Pro. ec i
For each fund source used in the progra ect the correct grant year and acronym from the drop down lists, the amount of state or federal
funds requested, the amount of cash r in -kind match contributed and the resulting totals. Please do not enter both state and federal on the
same line. Block 12G should corre; p to the total project cost specified in the budget.
13. Certification Paragraph
Please review the certifi iaragraph.
14. Official Authorized ton for the Subrecipient
Enter the name, titlgrtelephone number, and e-mail address of the official authorized to enter into the Grant Subaward for the Subrecipient as
stated in Blo of the Grant Subaward Face Sheet (Cal OES 2 -101). Enter the Payment Mailing Address where grant funds should be sent.
16. Federa mp er ID Number
Ente�(Q� igit Federal Employer Identification Number for the Agency.
P n original signature of the authorized official. The use of white out or tape is prohibited and will invalidate the signature on the
apt ubaward Face Sheet,
Grant Subaward Face Sheet — Cal OES 2 -101 (Revised 7/2015)
Attachment "E"
FY 2015
PRE- DISASTER MITIGATION PROGRAM
GRANT AGREEMENT ARTICLES
PRE- DISASTER MITIGATION GRANT AGREEMENT ARTICLES
CFDA# 97.047
RECIPIENT: California Governor's Office of Emergency Services
AGREEMENT NUMBER: EMF- 2016 -PC -0001
AMENDMENT NUMBER: 0
DESIGNATED AGENCY: California Governor's Office of Emergency Services
PERFORMANCE PERIOD: May 29, 2015 —October 30, 2018
GENERAL INFORMATION:
The Pre - Disaster Mitigation (PDM) grant program provides grants to States and Indian
Tribal government or territory that, in turn, provide Subawards 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) agrees to grant to the State /Indian Tribal
government, through its designated agency named above, hereinafter referred to as "the
Recipient," through its designated agency named above, the 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 Recipient agrees to abide by the Grant Award terms and conditions as set forth in this
document.
ARTICLE II. PROJECT DESCRIPTION
The Recipient shall perform the work described in the application package and made a part of
these Grant Agreement Articles.
ARTICLE III. PERIOD OF PERFORMANCE
The period of performance shall be May 29, 2015 through October 30, 2018. All costs must be
incurred during the period of performance, including pre -award costs.
ARTICLE IV. AMOUNT AWARDED
This Grant Award is for the administration and completion of an approved Pre - Disaster
Mitigation 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 Recipient 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
$346,023.85
Construction
$0.00
Other
$0.00
TOTAL DIRECT
$346,023.85
Indirect Charges
$0.00
TOTAL BUDGET
$346,023.85
The Recipient shall follow regulations found in Title 2 Code of Federal Regulations (CFR) Part
200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards "Super Circular" [which supersedes 44 CFR Part 13, 2 CFR Part 215, and
Office of Management and Budget (OMB) Circulars A -21, A -50, A -87, A -89, A -102, A -110,
A -122, and A -133 as of December 26, 2014], Title 2 CFR Part 170, Reporting Subaward and
Executive Compensation — Appendix A to Part 170 — Award Term (see ARTICLE VII.
TERMS AND CONDITIONS), and the Hazard Mitigation Assistance Guidance to implement
this Grant Agreement.
ARTICLE V. COST SHARE
The cost -share requirement for this award is 75% Federal and 25% non - Federal.
The cost -share for PDM is governed by 42 USC 5133, Section 203(h), of the Stafford Act:
a. Small, impoverished communities may receive a Federal cost -share of up to 90%
of the total cost to implement eligible PDM activities.
b. The PDM program offers up to 75% Federal cost -share funding for all other activities
and all other insured properties.
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 the Grant Agreement.
The Assistance Officer is: Michelle Weaver
ARTICLE VII. TERMS AND CONDITIONS
The specific terms and conditions of this agreement are as follows:
Federal Fundine Accountability and Transparency Act:
The Federal Funding Accountability and Transparency Act (FFATA) of 2006 (2 CFR Part 170)
requires Recipients to report certain information about themselves and their first -tier
Subrecipients for each Federal award of $25,000 or more awarded on or after October 1, 2010.
(See attached APPENDIX A to Part 170 -Award term).
ASSURANCE COMPLIANCE:
The certifications signed by the Recipient 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 Recipient shall follow prior approval requirements for budget revisions found in 2 CFR Part
200. 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 Recipient estimates that it will have obligated funds remaining after the end of the
performance period, the Recipient 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 the Recipient's acceptance of the changes to the
award.
CLOSEOUT:
Reports Submission: Per 2 CFR Part 200, when the appropriate grant award performance period
expires, the Recipient 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 Recipient reports, perform the necessary financial
reconciliation, negotiate necessary adjustments between the Recipient 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)
from the date the final Federal Financial Report is submitted to FEMA in compliance with 2 CFR
Part 200.
CONSTRUCTION PROTECT REQUIREMENTS:
1. Acceptance of Federal funding requires FEMA, the Recipient and any Subrecipients 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 Recipient
and Subrecipient compliance with the National Environmental Policy Act and other laws and
Executive Orders.
3. If ground disturbing activities occur during construction, the Recipient and any Subrecipients
must ensure monitoring of ground disturbance and, if any potential archeological resources
are discovered, the Subrecipient will immediately cease construction in that area and notify
the Recipient and FEMA.
COPYRIGHT:
The Recipient 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.
COST SHARE:
The Recipient shall 'follow cost - sharing requirements mandated by program guidance, statute or
regulation and in compliance with 2 CFR Part 200. 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 2 CFR Part 200, Enforcement
when the Terms and Conditions of this Grant Agreement are not met.
EQUIPMENT/SUPPLIES-
The Recipient must comply with the regulations listed in 2 CFR Part 200 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:
Recipient shall be paid using the FEMA Payment and Reporting System (PARS), provided
Recipient maintains and complies with procedures for minimizing the time between transfer of
funds from the US Treasury and disbursement by the Recipient and Subrecipients. The Recipient
commits itself to: 1) initiating cash drawdowns only when actually needed for its disbursement;
2) timely financial reporting per FEMA requirements, using the SF -425; and 3) imposing the
same standards of timing and amount upon any Subrecipient.
Subrecipients must comply with the same payment requirement as the Recipient and must
comply with the requirements specified in the Recipient's subaward 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 funding from 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 subawards 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 o 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/Recipients must comply with Title VI, including State and local governments
distributing Federal assistance.
Applicants /Recipients and Subapplicants /Subrecipients 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
Subrecipients 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:
All grant award activities, including all projects and /or activities approved under each subaward,
shall be completed within the time period prescribed and authorized on the obligating documents,
All costs must be incurred within the approved performance period.
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 Performance
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 Recipient will process the recovery of assistance paid to Subrecipients 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 Recipient
agrees to cooperate with investigation conducted by the FEMA Inspector General's office.
REFUND, REBATE, CREDITS:
The Recipient 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 Recipient 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):
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.
Program Performance Reports (SF -PAR):
The Recipient shall submit the Program Performance Reports (SF -PPR) within 30 days of the
end of each quarter. The Regional Administrator may waive the initial report. The Recipient
shall submit quarterly PPRs thereafter until the grant ends. Reports are due on January 30, April
30, July 30, and October 30. PPRs shall report the name, completion status, expenditure, and
payment -to -date of each approved activity /subaward award under the Grant Award.
Final Reports:
The Recipient shall submit a final FFR and PPR 90 days after the end date of the performance
period.
TERMINATION:
The Recipient, Subrecipient, 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. All notices are to be transmitted via registered or certified mail, return receipt
requested. The Recipient'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 V11. 3.
ARTICLE VIII. GOVERNING PROVISIONS
The Recipient and any Subrecipients 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 Recipient and any Subrecipients shall also be bound by the Unified Hazard Mitigation
Assistance Guidance document.
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
Section 1366 (42 USC 4104c), of the National Flood Insurance Act of 1968 (42 U.S.C. §
4104c. — the "NFIA" or "the Act "), as amended by the National Flood Insurance Reform
Act of 1994 (NFIRA), Public Law 103 -325, the Bunning - Bereuter - Blumenauer Flood
Insurance Reform Act of 2004, Public Law 108 -264, and Biggert- Waters Flood Insurance
Reform Act, Public Law 112 -141.
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 I O- Environmental Considerations
2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards "Super Circular"
31 CFR Part 205 -Rules and Procedures for Efficient Federal -State Funds Transfers
2 CFR Part 170, Reporting Subaward and Executive Compensation — Appendix A to Part
170 — Award Term (attached)
48 CFR Part 31.2 (Federal Acquisition Regulation)
Attachment "F"
STATE OF CALIFORNIA
GOVERNOR'S OFFICE OF EMERGENCY SERVICES
Cal OES 89
Disaster No:
Cal OES ID No:
DUNS No: O 6 01 S Z („ O 1
PROJECT ASSURANCES FOR FEDERAL ASSISTANCE
SUBGRANTEE'S NAME: C_ ♦"C `� O c E* ` el�'. CMS
(Name of orgaoization)
ADDRESS: SZ R FE `1
CITY: 'Ca Vhk ` A t't�,' C *�' STATE:
ZIP CODE: OW-1 "Vb
TELEPHONE: S (.'Z --
FAX NUMBER:
�S 61)
k-k-Ol3 -
C,) 6-�. q
AUTHORIZED AGENT:
b 0. a Ts'
TITLE:
L
T%_ �, k S A b
EMAIL ADDRESS: {\ 1 V' q V, &' w te� <. 'e ck- k \ - u.
NCES - CONSTRUCTION PROGRAMS
Note: Certain of these assurances may not be applicable to al of your projects. If you have questions, please contact the California
Governor's Office of Emergency Services. Further, certain federal assistance awarding agencies may require applicants to
certify to additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the subgrantee named above:
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
the project described in this application.
2. Will give the awarding agency, the Comptroller General of the Unites States, and if appropriate, the state, through any
authorized representative, access to and the right to examine all 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 interest in the title of real
property in accordance with awarding agency directives and will include a covenant in the title of real property 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 to 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 progress 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 gains.
8. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of
lead based pain in construction or rehabilitation of residence structures.
9. 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.0 §§ 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
prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-
6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-
Cal OES 89 (Rev.7 /13) (Page 1 of 2)
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 statute(s) which may apply to the application,
10. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provides 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.
11. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (P.L. 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 $5,000 or more.
12. 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.O 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.); (f) 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, (P.L. 93 -523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.O. 93-205).
13. 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.
14. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of
1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archeological
and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.).
15. Will comply with Standardized Emergency Management (SEMS) requirements as stated in the California Emergency
Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445,
2446, 2447, and 2448.
16. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984
and the Single Audit Act Amendments of 1996.
17. Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and policies governing
this program.
18. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in
the subgrantee application for federal assistance. Will, after the receipt of federal financial assistance, through the State of
California, agree to the following:
a. The state warrant covering federal financial assistance will be deposited in a special and separate account, and will be
used to pay only eligible costs for projects described above;
b. To return to the State of California such part of the funds so reimbursed pursuant to the above numbered application, which
are excess to the approved actual expenditures as accepted by final audit of the federal or state government.
c. In the event the approved amount of the above numbered project application is reduced, the reimbursement
applicable to the amount of the reduction will be promptly refunded to the State of California.
19. Will not make any award or permit any award (subgrant or contract) 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
and 12689, "Debarment and Suspension."
"I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized by the above named subgrantee
to enter into this agreement for and on behalf of the said subgrantee, and by my signature do bind the subgrantee to the terms thereof."
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
C�i�l t4, kN%t,2M
TITLE DATE
Cal OES 89 (Rev.4 /11) (Page 2 of 2)
(Cal DES Use Only)
Cal OES# I FIPS# VS # I I Subaward #
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
GRANT SUBAWARD FACE SHEET
The California Governor's Office of Emergency Services (Cal OES), makes a Grant Subaward of funds set forth to the following:
1. Subrecipient: City Of Seal Beach 1a. DUNS #: 060752607
2. Implementing Agency: City of Seal Beach 2a. DUNSM
3. Implementing Agency Address: 211 Eighth Street City of Seal Beach 90740
street city Zip.4
4. Location of Project: City of Seal Beach Orange County 90740
City County Zip+4
5. Disaster /Program Title: 2015 Pre - Disaster Mitigation Competitive 6. Performance Period: 5/29/2015 to 10/30/2018
7. Indirect Cost Rate: ❑NIA; ❑10 %deminimis; ❑ Federally Approved lCR %
Grant
Year
Fund Source
A. State
B. Federal
C. Total
D. Cash
Match
E. In -Kind
Match
F. Total
Match
G. Total Project
Cost
2015
e. PDM
$ 72,930.00
$ 24,310.00
$ 24,310.00
$ 97,240.00
Select
9. Select
$ 0.00
$ 0.00
Select
10. Select
$ 0.00
$ 0.00
Select
11 Select
$ 0.00
$ 0.00
Select
12 Select
$ 0.00
$ 0.00
TOTALS
$ 0.00
$ 72,930.00
$ 72,930.00
$ 0.00
$ 24,310.00
$ 24,310.00
13. G Total Project Cost:
$ 97,240.00
13. This Grant Subaward consists of this title page, the application for the grant, which is attached and made a part hereof, and the
Assurances /Certifications. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County
Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipient certifies that all funds
received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipient accepts this Grant
Subaward and agrees to administer the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit
requirements, federal program guidelines, and Cal OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may
be contingent on the enactment of the State Budget
14. Official Authorized to Sign for Subrecipient:
Name Jill Ingram
Telephone: 562 -431 -2527
(area code)
Payment MailinSAddressj
Signature:
I hereby certify upon my own personal
Cal DES Fiscal Officer
FAX:
15. Federal Employer ID Number: Ck S O b b 1 cA y
Title: City Manager
3-b _ZIAEmai1: jingram @sealbeachca.gov
City: Seal Beach
Date: I
Zip +4: 90740
that budgeted funds are available for the period and purposes of this expenditure stated above.
Date
Grant Subaward Face Sheet— Cal OES 2 -101 (Revised 7/2015)
Cal OES Director (or designee) Date
GRANT SUBAWARD FACE SHEET INSTRUCTIONS
Cal OES Section: The top portion of the form contains blocks for four (4) important numbers.
Please do not fill in these blocks. These numbers will be entered by Cal OES.
- - -- -- -- - -- --- -- - -- --- - -- -- -- -- -- - -- --- ----------------
1. Subrecipient O
The Subrecipient is the unit of government or community based organization (CBO) that will have legal responsibility for these grant funds (e0
County of Alameda, City of Fresno or Women's Place of Merced). Enter the legal title of the Subrecipient.
1a. Federal DUNS Number (Subrecipient)
�•
Enter the full 9 -digit Federal Data Universal Numbering System (DUNS) ID number for the Subrecipient If the Subrecipient does Wt 4 have a
DUNS number assigned, one may be obtained by contacting Dun & Bradstreet at 866 - 705 -5711 or at www.dnb.com. This requ nt applies to
federally funded grants only Your DUNS # must be current and active in the System for Award Management (SAM) at the timO your Award.
2. Implementing Agency i
Enter the complete name of the agency responsible for the day -to -day operation of the grant (e.g. Sheriff, Police Def,��nt, or Department of
Public Works). If the Implementing Agency is the same as the Subrecipient, enter the same title again. u
2a. Federal DUNS Number (Implementing Agency) .�
Enter the full 9 -digit Federal Data Universal Numbering System (DUNS) ID number for the Implementing ncy. If the Implementing Agency does
not yet have a DUNS number assigned, one may be obtained by contacting Dun & Bradstreet at 866 -7 7 1 or at www.dnb.com. This
requirement applies to federally funded grants only. Your DUNS # must be current and active in the em for Award Management (SAM) at the
time of your Award.
3. Implementing Agency Address
Enter the address of the Implementing Agency. Provide the complete nine digit zip code +4.
4. Location of Project
Enter the City and County /Operational Area where the project is located. Provirle® omplete nine digit zip code (Zip +4).
5. Disaster /Program Title
Enter the name of the Disaster or Program providing the funds for this G�A66ubaward. A disaster may be referred by the federal declaration
number. Program titles should be complete without the use of acronyP,
6. Performance Period O
Enter beginning and ending dates of the performance period Ilk Grant Subaward. (mm /dd /yy)
w
7. Indirect Cost Rate
Indicate whether you are using the 10% de mmimis ra 095ed on Modified Total Direct Costs (MTDC) or your cognizant agency approved indirect
cost rate agreement. A copy of the approved ICR N�%�tion Agreement must be enclosed with your application. Indicate N/A if you will not be
claiming indirect costs under the award. Indire0jco s may or may not be allowable under all Federal fund sources.
8A — 12G. Fund Allocations and Total Projec -f
For each fund source used in the pro a e ect the correct grant year and acronym from the drop down lists, the amount of state or federal
funds requested, the amount of cash ha`a ' r in -kind match contributed and the resulting totals. Please do not enter both state and federal on the
same line. Block 12G should correpo o` . to the total project cost specified in the budget.
13. Certification Paragraph 'V
Please review the certif Daragraph.
14. Official Authorized to for the Subrecipient
Enter the name, titlVtelephone number, and a -mail address of the official authorized to enter into the Grant Subaward for the Subrecipient as
stated in Blo�igit'Fiederal f the Grant Subaward Face Sheet (Cal OES 2 -101). Enter the Payment Mailing Address where grant funds should be sent.
15. Federa r ID Number
Enteyfl� Employer Identification Number for the Agency.
Pr n original signature of the authorized official. The use of white out or tape is prohibited and will invalidate the signature on the
@qpt ubaward Face Sheet.
7
Grant Subaward Face Sheet — Cal OES 2 -101 (Revised 7/2015)
STATE OF CALIFORNIA
GOVERNOR'S OFFICE OF EMERGENCY SERVICES
Cal OES 89
Disaster No:
Cal OES ID No:
DUNS No: 1C) 6 01 Sj'L "O,
PROJECT ASSURANCES FOR FEDERAL ASSISTANCE
SUBGRANTEE'SNAME: L \-C�l Oc Si ` k-16'CMA
(Nv of Orgwimron)
ADDRESS: Z \ \ E \ �D fit'\ Z K Cl
CITY: S C-1h \ E C 0 ` STATE:
C
ZIP CODE: 4001 14,b
TELEPHONE: S 61' _kick - ti \ O O FAX NUMBER: —(%
AUTHORIZED AGENT: S \ L V *- � b C\ a Q-\ TITLE: L \Y� y 4 k-A b tN�l
EMAIL ADDRESS:
- CONSTRUCTION PROGRAMS
Note: Certain of these assurances may not be applicable to at of your projects. If you have questions, please contact the California
Governor's Office of Emergency Services. Further, certain federal assistance awarding agencies may require applicants to
certify to additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the subgrantee named above:
I. 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
the project described in this application.
2. Will give the awarding agency, the Comptroller General of the Unites States, and if appropriate, the state, through any
authorized representative, access to and the right to examine all 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 interest in the title of real
property in accordance with awarding agency directives and will include a covenant in the title of real property 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 to 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 progress 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 gains.
8. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of
lead based pain in construction or rehabilitation of residence structures.
9. 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.0 §§ 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
prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-
6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-
Cal OES 89 (Rev.7 /13) (Page 1 of 2)
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 statute(s) which may apply to the application.
10. Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provides 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.
it. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (P.L. 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 $5,000 or more.
12. 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.O 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 .); (f) 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, (P.L. 93 -523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.O. 93 -205).
13. 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.
14. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of
1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archeological
and Historic Preservation Act of 1974 (16 U.S.C. 469a -I et seq.).
15. Will comply with Standardized Emergency Management (SEMS) requirements as stated in the California Emergency
Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445,
2446, 2447, and 2448.
16. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984
and the Single Audit Act Amendments of 1996.
17. Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and policies governing
this program.
18. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in
the subgrantee application for federal assistance. Will, after the receipt of federal financial assistance, through the State of
California, agree to the following:
a. The state warrant covering federal financial assistance will be deposited in a special and separate account, and will be
used to pay only eligible costs for projects described above;
b. To return to the State of California such part of the funds so reimbursed pursuant to the above numbered application, which
are excess to the approved actual expenditures as accepted by final audit of the federal or state government.
C. In the event the approved amount of the above numbered project application is reduced, the reimbursement
applicable to the amount of the reduction will be promptly refunded to the State of California.
19. Will not make any award or permit any award (subgrant or contract) to any parry which is debarred or suspended or is
otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549
and 12689, "Debarment and Suspension."
"I, the official named below. CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized by the above named subgrantee
to enter into this agreement for and on be of the said u tee d by my signature do bind the subgrantee to the terms thereof"
II r
St NA RE OF AU ORI R' IPYING OFFICIAL
< �-- ray N V, � t 6 140
TITLE D TE
Cal OES 89 (Rev.4 /11) (Page 2 of 2)