Loading...
HomeMy WebLinkAboutCC RES 98-067 RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIII IIII 103189 Box: 26 Folder: RES 1998 Document: CC RES 98-067 RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT • CITY OF ST. ANTHONY RESOLUTION 98-067 A RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT BE IT RESOLVED that the City of St. Anthony enter into a sub-grant agreement with the Division of Emergency Management in the Minnesota Department of public safety for the program entitled Hazard Mitigation Grant Program for FEMA-1187-DR-MINNESOTA. Michael J. Morrison, City Manager, is hereby authorized to execute and sign such Sub-grant agreements and any amendments as are necessary to implement the project on behalf of the City of St. Anthony. Adopted this S day of t' , 1998. • Mayor ATTEST: City Clerk Reviewed by Administration: #Citynagger CERTIFICATION I certify that the above resolution was adopted by the City Council of the City of St. Anthony on the 25`h day of August, 1998. City Clerk • STATE OF MINNESOTA SUB-GRANT AGREEMENT FOR FEDERAL ASSISTANCE • UNDER THE HAZARD MITIGATION GRANT PROGRAM FOR SUB-GRANTEES Grantor Program: Federal Disaster Assistance DR-1187 ACCOUNTING INFORMATION: Agency: P07 Fiscal Year: 1999 Vendor Number: 008'3 7 DO 9-00 Total Amount of Contract: . o O Amount of Contract First FY: �� (�(o7, 0 Q . Interagency Seller Fund: Seller Agency: Accounting Distribution 1: Accounting Distribution 2: Accounting Distribution 3: Fund: 300 Fund: Fund: Org/Sub: a a Org/Sub: Org/Sub: Appr.: S Appr.: Appr.: Object Code: ,j B O Object Code: Object Code: Rept Catg: $ H H Rept Catg: Rept Catg: Amount: -71 (0&-7. ()Q Amount: Amount: Wessing Information: (Some entries may not apply) Requisition: Solicitation: Number/Date/Entry Initials Number/Date/Entrylnitials Contract: Order: 0 lady el Number/Date/Entry Initials Number/Date/Sig uresl Ir (Individual signing certifies that fun s have b en encumbered as required by Minn. Stat. 16A 15.) STATE OF MINNESOTA DEPARTMENT OF PUBLC SAFETY DIVISION OF EMERGENCY MANAGEMENT SUB-GRANT AGREEMENT HAZARD MITIGATION GRANT PROGRAM (HMGP) Notice to SUB-GRANTEE: If SUB-GRANTEE is other than a governmental agency, it is required by Minnesota Statutes, Section 270.66 to provide its social security number or Minnesota Tax Identification number if it does business with the State of Minnesota. This information may be used on the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities. THIS GRANT WILL NOT BE APPROVED UNLESS THESE * MBERS ARE PROVIDED. These numbers will be available to federal and state tax authorities and state rsonnel involved in the payment of state obligations. -1- Exhibit I • FEDERAL AUDIT REQUIREMENTS 1. For SUB-GRANTEES who are state(includes Indian tribes) or local governments: If the SUB-GRANTEE receives total direct and indirect federal assistance of: ** Equal to or in excess of$300,000 or more per year, the SUB-GRANTEE agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and Budget(OMB) Circular A-133. The law and circular provide that the audit shall cover the entire operations of the SUB-GRANTEE government or,at the option of the SUB-GRANTEE government, it may cover departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during the year. Audits shall be made annually unless the state or local government has, by January 1, 1987,a constitutional or statutory requirement for less frequent audits. For those governments,the cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual,but only for fiscal years beginning before January 1, 1987. 2. For SUB-GRANTEES who are institutions of higher education,hospitals, or other nonprofit • organizations: If the SUB-GRANTEE receives total direct and indirect federal assistance of$300,000 or more per year, the SUB-GRANTEE agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-133. The audit must be organization wide audit,unless it is a coordinated audit in accordance with OMB Circular A-133. However,when the $300,000 or more was received under only one program,the SUB-GRANTEE may have an audit of that one program. Audits shall usually be made annually, but not less frequently than every two years. 3. All audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the general Accounting Office's Standards for Audit of Governmental Organizations, Programs, Activities, and Functions. 4. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-133 as applicable. - - The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accountant's (AICPA) Statement on Auditing Standards(SAS) 58, "Reports on Audited Financial Statements" or, SAS 62, "Special Reports",as applicable. • - -13- The reporting requirements for audit reports on compliance and internal controls shall be in accordance with AICPS's SAS 63, "Compliance Auditing Applicable to Governmental Entities and Other • Recipients of Governmental Financial Assistance" and Statement of Position(SOP) 89-6, "Auditors' reports in Audits of State and Local Governmental Units." In addition to the audit report, SUB-GRANTEE shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary a statement describing the reason it is not should accompany the audit report. 5. The SUB-GRANTEE agrees that FEMA, the Legislative Auditor,the State Auditor and any independent auditor designated by FEMA shall have such access to SUB-GRANTEE's records and financial statements as may be necessary for FEMA to comply with the Single Audit Act the OMB Circular A- 133, as applicable. 6. Recipients of federal financial assistance from SUB-GRANTEES are also required to comply with the Single Audit Act and the OMB Circular A-133, as applicable. 7. The SUB-GRANTEE agrees to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and with the Department of Public Safety,within 30 days after the completion of the audit, but no later than one year after the end of the audit period. If a federal cognizant audit agency has been assigned for the SUB- GRANTEE, copies of the required audit reports will be filed with that agency also. The Department of Public Safety's audit report should be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street, Suite 126 St. Paul, Minnesota 55101-2126 Recipients of more than $300,000 in federal funds are to submit one copy of the audit report within 30 days after issuance to the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse • -14- Exhibit II • MINNESOTA DIVISION OF EMERGENCY MANAGEMENT'S "GUIDELINES FOR HAZARD MITIGATION GRANT PROGRAM ACQUISITION/RELOCATION PROJECTS" Section I. NON-DUPLICATION OF BENEFITS 1. Non-Duplication of Benefits. As a condition of receiving this Sub-grant Agreement, the SUB-GRANTEE shall abide by the following procedures for adjusting the fair market value of properties to be acquired through a Federally Funded Flood Buy-out Program: a. SUB-GRANTEE will deduct SBA loan(s) received. (A Property owner who has a SBA loan will either be required to repay it or roll it over to a new property at closing.) b. SUB-GRANTEE will deduct that portion of a flood insurance payment intended to cover structure repair. IF the homeowner cannot prove such repairs were made, an original receipt, signed "Certification of Funds Used" form (attached and labeled Exhibit II,page 4 of this agreement), or on-site . verification can constitute proof that repairs were made). C. SUB-GRANTEE will deduct that portion of a FEMA Individual and Family Grant(IFG) intended to cover structural repairs. IF the homeowner cannot prove such repairs were made, an original receipt, signed "Certification of Funds Used" form(attached, Exhibit II, page 4), or on-site verification can constitute proof that repairs were made). d. SUB-GRANTEE will not deduct FEMA Disaster Housing money that has been received IF the applicant has used the grant for housing-related expenses. These can include: transient accommodations while an existing home is being elevated or relocated; combining it with other funds to make more substantial home repairs; minor home repairs (made to make a home liveable prior to a buy-out offer); down payments toward the purchase of a new home; moving expenses; closing costs; insurance; and deposits. (See attached Exhibit II,page 4 "Certification of Funds Used" form). e. Appraisals are to be submitted to the STATE for review in accordance with FEMA guidelines. 4- Exhibit II i Section II. DISPOSITION OF PROPERTY -DEED RESTRICTION REQUIREMENT 1. Disposition of Property. As a condition of receiving this Sub-grant,the SUB- GRANTEE agrees to assure that: a. The property acquired,accepted, or from which structures are removed must carry a permanent deed restriction providing that the property be maintained for open space,recreational, or wetland management purposes only; b. The deed restriction must also stipulate that no future disaster assistance_for any purpose from any Federal source will be sought or provided with respect to the property. C. The occupants will vacate the property within 90 days of the transfer of property ownership (FEMA or STATE can grant an exception to this requirement if extenuating circumstances exist); . d. No new structures will be erected on the property other than a rest room, or a public facility that is open on all sides and functionally related to open space (structures that are walled on all sides must meet the National Flood Insurance Program(NFIP); e. The SUB-GRANTEE will seek the approval of FEMA or STATE before conveying ownership of the property to another party; f. Any relocated structures will be placed on sites located outside of the 100-year floodplain and any regulatory erosion zones, and in conformance with any other applicable State or local land use restrictions; g. Replacement housing should be located outside the 100-year floodplain; and h. A title company will be secured to do title work. 2. Deed Restriction Language. As a condition of receiving this Sub-grant, the SUB- GRANTEE agrees to carry a permanent deed restriction on the project property specifying that: -2- Exhibit II a. property described as: (legal description of project property) will be permanently maintained for open space,recreation, or wetland management; and b. disaster assistance for any purpose from any federal source with respect to the above described property will not be sought or provided. 3. The SUB-GRANTEE shall ensure that all structures are removed and disposed of in an approved manner. The demolition and debris removal may be eligible for reimbursement under FEMA's Public Assistance Program if the structures represent a health and safety hazard. If costs of demolition do not qualify for Public Assistance, they can be cost-shared under the FEMA HMGP program. If any parts of the structure are sold for salvage value,this amount is deducted from the total cost of the project. 4. The Director of FEMA may approve,on a case by case basis,the erection of structures which do not meet the criteria above before commencement of construction. However, the structure must be constructed in compliance with the community's floodplain management ordinance, meet NFIP minimum requirements, and be compatible with open space uses and floodplain management policies and practices. Allowable open space uses can include, but are not limited to parks, nature preserves, cultivation, grazing, and unimproved, pervious parking areas. • -3- • Exhibit II CERTIFICATION OF FUNDS USED Owner's Name Community Name Owner's Address Project Title Area Code/Telephone Number I hereby certify that the flood insurance payment I received for structural repairs to the above property was used for structural repairs to the above property. Signature of Homeowner Date I hereby certify that the Individual and Family Grant(IFG) compensation I have received for structural repairs to the above property was used for structural repairs to the above property. Signature of Homeowner Date I hereby certify that the Disaster Housing Compensation I have received for disaster related needs was used for disaster related expenses as identified to me today. Signature of Homeowner Date HMGP Exhibit III • PROJECT FUNDING BREAKDOWN Disaster Declaration# 1187 Dec. Date 8-25-97 CFDC# 8 516 1. Sub-Grantee Name: City of St. Anthony - Political Subdivision,Quasi-Government Agency,Non-Profit Organization,State Agency, Indian Tribe) 2. Street/P.O. Box: 3301 Silver Lake Road City: St. Anthony 3. County: Hennepin State: MN Zip Code:55418-1699 4. Contact person for the project: Name: Michael Mornson Title: City Manager 612-789-8881 Address: same Tel. No. ) (SawdP.O.Box,City,Zip Code) 5. Project Location (road or street address, and city[-ies]): City of St Anthony 6. Project Description: Acquire and remove floodprone homes. 7. Project StartDate: 7/98 , and Schedule: • 8. Project Completion Date: 7/99. Continued Next Pa e -1- HMGP Exhibit III 9. Project Funding Breakdown a) DEM(HMGP) Share' (FEMA): $ 700,000.00 (maximum) b)DEM STATE Share: $ n/a (maximum) c) FEMA Individual Assistance Program and Public Assistance Program Share2: $ n/a (maximum) d) Other State Agency Share 3: $ n/a e)Sub-Grantee Share(Local Match): $ 285,000.00 f)Approved Project Amount by FEMA: $_j85,000-00 g) Sub-Grantee HMGP Administrative 19,667.00 Cost Allowance4: $ (maximum) TOTAL: $ 1,004.6 67.00 * Pursuant to Clause II, Section A, Paragraph 2 of this Sub-grant Agreement. ' DEM (11MGP) share shall be 70 % of actual project costs, but not to exceed this amount. 2 For a breakdown of this amount, see page 3 of Exhibit III to this Grant Award Agreement. 3 For a breakdown of this amount, see page 3 of Exhibit III to this Grant Award Agreement. ° Sub-Grantee HMGP administrative cost shall be determined by federal government formula, and shall not exceed this amount. -2- City of St. Anthony , MINNESOTA HMGP PROJECT CUMULATIVE EXPENDITURE REPORT DATE ml y- 1908 FUNDING Subgrantee Funds OEM (HMGP)Funds DEM State Funds FEMA Public DNR Funds DTED Funds TOTALS SOURCE (FEMA) Assistance Funds ACQUISITION y O V RELOCATION H V W DEMOLITION/ Q CLEAN-UP OTHER* ADMINISTRATIVE COSTS AMOUNT APPROVED 8 285,000.00 8 700,000.00 $ $ $ $ A&40.00 AMOUNT EXPENDED 8 8 $ $ $ $ $ EXPENDED N • "OTHER" Includes:construction,design,engineering,equipment,labor,materials/supplies. TOTAL HMGP GRANT AWARD 8 700,000.00 AMOUNT PREVIOUSLY REQUESTED 8 BALANCE $ CURRENT REQUEST $ UNEXPENDED BALANCE $ NOTE: DEM (HMGP) share shall be 70 % of actual project costs, but not to exceed this amount. I certify the above data is correct based on the grantees official accounting system and records, consistently applied and maintained, and that expenditures shown have been made for the purpose of and in accordance with, applicable grant terms and conditions. I also certify that appropriate n documentation to support these authorized'costs and expenditures is available. H H H Authorized Signature Date ABBREVIATIONS:DEM(MN Division of Emergency Management), DNR (MN Department of Natural Resources), DTED(MN Department of Trade& Economic Development), HMGP(Hazard Mitigation Grant Program), FEMA (Federal Emergency Management Agency) Exhibit IV CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS This certification is required by the regulations implementing the New Restrictions on Lobbying, 44 CFR Part 18. The undersigned certifies,to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation,renewal,amendment, or modification of any Federal contract,grant loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned . shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants,and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Code. Any person who fail to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. Name and Title of Authorized Representative Signature Date Witness thereof,the parties have caused this agreement to be duly executed intending to be bound thereby. 16 APPROVED 1. SUB-GRANTEE 2. DEPARTMENT OF PUBLIC SAFETY/GOVERNOR'S AUTHORIZED REPRESENTATIVE OR DEPUTY By' AUTHORIZED REP. Title: Maor By: Date: •zS c1 Title: By: Date: Title: As per FEMA-State Agreement and l4 mQ Amendments thereto. Date: a S 9 ti�� - A certified copy of the resolution authorizing the SUB-GRANTEE to enter into this Sub-grant Agreement and designating person(s)to execute this Sub-grant Agreement must be attached hereto. A sample resolution form is attached hereto as Exhibit V. • -12- 4fS GRANT AGREEMENT, which shall be interpreted pursuant to the laws of the State of Minnesota, tween the STATE OF MINNESOTA, acting through its Department of Public Safety, Division of Emergency Management(hereinafter referred to as the "STATE") and theCi ty of St. Anthony Sec. or MN Tax ID. No. Federal Employer I.D.No. (if applicable) (hereinafter referred to as the "SUB-GRANTEE")witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statutes Chapter 12, Executive Order 96-16 and the FEMA- State Agreement designated FEMA-1187 DR- MINNESOTA and amendments thereto, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 USC 51212"se ("the Stafford Act"), in accordance with 44 CFR 206.44,the STATE is empowered to receive, allocate and disburse federal aid monies made available through the Federal Emergency Management Agency (FEMA); and, WHEREAS,the STATE is the authorized Grantee in the FEMA-State Agreement, FEMA-1187 DR- MINNESOTA and amendments thereto, which delineates the terms in which federal assistance will be provided to SUB-GRANTEES; and WHEREAS,the SUB-GRANTEE has applied for assistance, and is eligible and authorized to receive such funds under this grant program as per the eligibility requirements stated in the State of Minnesota Administrative Plan and Procedures for the Section 404 Hazard Mitigation Grant Program, (HMGP) (DPS- DEM); Revised 9/30/94 and, WHEREAS,there has been a presidential disaster declaration based on damage resulting from severe storms, 0gh winds, tornadoes and flooding beginning on June 28, 1997 through July 27, 1997; except that reasonable xpenses which were incurred in anticipation of and immediately preceding such event may be eligible; and NOW,THEREFORE, it is mutually agreed that the STATE shall grant and the SUB-GRANTEE shall receive funds through this program, and SUB-GRANTEE shall comply with all aspects of the Hazard Mitigation Grant Program(HMGP) and shall use funds provided by this Sub-grant in accordance with the terms of this agreement: I. SUB-GRANTEE'S DUTIES AND RESPONSIBILITIES. 1. SUB-GRANTEE shall comply with the Federal Assurances Construction Programs,as stated below: a. SUB-GRANTEE certifies that the SUB-GRANTEE 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 agreement. b. SUB-GRANTEE will give FEMA,the Comptroller General of the United States, and the STATE, through their authorized representative, access to and the right to examine all records, books,papers, or documents related to the federal assistance; and shall establish a proper accounting system in accordance with generally accepted accounting standards or agency . directives. -2- C. The SUB-GRANTEE shall be responsible for keeping records that fully disclose the amount and disposition of project funds. The accounting procedures utilized by the SUB- GRANTEE shall provide for the accurate and timely recording of the receipt of funds and expenditures. d. SUB-GRANTEE will comply with the requirements of FEMA in regard to the drafting, review, and approval of construction plans and specifications. - e. SUB-GRANTEE will provide and maintain competent and adequate engineering supervision at the construction site to ensure that work is completed and conforms with approved plans and specifications. f. SUB-GRANTEE will establish safeguards to prohibit SUB-GRANTEE's employees from using their positions for any purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. g. SUB-GRANTEE will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. {{ 4728-4763)relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R. 900, Subpart F). h. SUB-GRANTEE will comply with the Lead-Based Paint Poisoning Prevention Act(42 • U.S.C. {I 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. i. SUB-GRANTEE will comply with all federal statutes relating to non-discrimination. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended(20 U.S.C. {{ 1681-1683, and 1685-1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. { 794) which prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Act of 1975 as amended(42 U.S.C. {{ 6101-6106)which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255), as amended,relating to non- discrimination 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 non-discrimination 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 non-discrimination in the sale, rental or financing of housing; (i) any other non- discrimination provisions in the specific statute(s) under which application for federal assistance is being made,and 0)the requirements on any other non-discrimination • Statute(s)which may apply to the agreement. When applicable, SUB-GRANTEE will comply with Executive Order 11246 of September 24, 1965 entitled "Equal Employment -3- Opportunity",as amended by Executive Order 11375 of October 13, 1967 and as • supplemented in Department of Labor regulations (41 CFR part 60). (All construction contracts awarded in excess of$10,000 by grantees and their contractors or sub-grantees). j. SUB-GRANTEE 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.NOTE: For acquisition/relocation projects funded as a result of the FEMA-993-DR presidential disaster declaration, and all declarations thereafter,the purchase of any real property under a qualified buy-out program shall not constitute the making of Federal financial assistance available to pay all or part of the cost of a program or project resulting in the acquisition of real property or in any owner of real property being a displaced person (within the meaning of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970). k. SUB-GRANTEE will comply with the provisions of the Hatch Act(5 U.S.C. {{ 1501- 1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds and with the Certification Regarding Lobbying, contained in Exhibit IV, hereby incorporated by reference and made a part of this Sub-grant Agreement and SUB-GRANTEE has filed • with the State the certification contained in Exhibit IV. 1. SUB-GRANTEE will comply, as applicable,with the provisions of the Davis-Bacon Act (40 USC SS 276a to a-7),the Copeland "Anti-Kickback" Act(18 USC 874), and the Contract Work Hours and Safety Standards Act(40 USC 327-330) regarding labor standards for federally assisted construction sub-agreements, as supplemented by Department of Labor Regulations. M. SUB-GRANTEE 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 SUB- GRANTEES in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. n. SUB-GRANTEE will comply with applicable environmental standards or requirements which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order(EO) 11514; (b) Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order(EMO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c)protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain 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)compliance with all applicable -4- standards, orders,or requirements issued under section 306 of the Clear Air Act(42 U.S.C. 1857(h)), section 508 of the Clean Water Act(33 U.S.C. 1368), and • Environmental Protection Agency regulations(40 CFR part 15). o. SUB-GRANTEE 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. - P. SUB-GRANTEE will assist STATE 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 Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). q. SUB-GRANTEE will comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163). r. SUB-GRANTEE will comply with all applicable requirements of all other Federal laws, Executive Orders, regulations and policies governing this program. 2. SUB-GRANTEE shall perform their duties in accordance with the State of Minnesota Administrative Plan and Procedures For the Section 404 Hazard Mitigation Grant Program (HMGP) (DPS-DEM , Revised 9/30/94 and agrees to carry out the hazard mitigation measure(s) described in this Sub-grant Agreement in accordance with the provisions of this agreement, and in accordance with the requirements contained in the Subgrantee's Handbook for the Section 404 Hazard Mitigation Grant Program, Revised 9/30/94. These documents will be provided to SUB- GRANTEE by the STATE. 3. SUB-GRANTEE shall assure that funds provided and allocated through this sub-grant,as described in Exhibit III of this agreement, are used as approved and directed by the STATE which is hereby incorporated by reference and made a part of this agreement. II. CONSIDERATION AND TERMS OF PAYMENT. A. Consideration for all services performed and goods or materials supplied by SUB-GRANTEE pursuant to this Sub-grant Agreement shall be paid by the STATE as follows. 1. Compensation shall be consistent with the Stafford Act and applicable regulations, the Subgrantees Handbook for the Section 404 Hazard Mitigation Grant Program,and Exhibit III of this agreement,titled Project Funding Breakdown. 2. (If applicable)The total obligation of the STATE for all STATE compensation and reimbursement to SUB-GRANTEE shall not exceed amount stated in Exhibit III, item 9, line b of this Sub- rg ant Agreement and is contingent on the Minnesota State Legislature • special appropriation of the "State Share" for this Hazard Mitigation Grant Program that is necessary for the payment stated as the "State Share" (see Exhibit III, item 9, line b of -5- this Sub- rant Aueement). If the "State Share" is not appropriated by Legislature the SUB-GRANTEE shall then be responsible for this amount. • 3. The total obligation of the STATE for allocation and reimbursement of federal (FEMA) funds for all compensation and reimbursement to SUB-GRANTEE shall not exceed the amounts stated in Exhibit III item 9, lines a. and g. of this Sub-grant Agreement. 4. If FEMA charges the STATE interest for an apparent cash surplus resulting from the failure of the SUB-GRANTEE to submit invoices as required under Clause II, Section B. of this Sub-grant Agreement,the SUB-GRANTEE will reimburse the STATE for any interest paid by the STATE as a result of said failure. Reimbursement of interest payments by the SUB-GRANTEE to the STATE shall not be reimbursable expenses under this agreement. B. Terms for Reimbursement 1. Non-Duplication of Programs. Federal HMGP funds cannot be used as a substitute or replacement to fund projects or programs that are available under other federal authorities, except under limited circumstances in which there are extraordinary threats to lives,public health or safety or improved property. 2. Federal assistance will be made available by the STATE,within the limits of funds available from Congressional appropriations for such purposes, in accordance with the Stafford Act, Executive Orders 12148 and 12673, and applicable regulations found in Title 44 of the Code of Federal Regulations (CFR), as amended, and currently applicable handbooks. 3. The SUB-GRANTEE shall not begin work on its HMGP project, described in Exhibit III of this Sub-grant Agreement, until such date as all signatures are obtained by the STATE, pursuant to Minnesota Statute 16C.05, Subd. 2. Project costs that are incurred prior to the execution of this Sub-grant Agreement may not, depending on their nature, prove eligible for reimbursement. 4. The STATE may make a partial payment of FEMA's share of the cost of an approved hazard mitigation project, from the amount stated in Exhibit III, page 2, item 9a of this Sub-grant Agreement if the SUB-GRANTEE requests and is approved the partial payment by the STATE. (If applicable) The STATE's Share, as stated in Exhibit III,page 2, item 9b of this Sub-grant Agreement will not be provided until the project and work is completed and if STATE's share is appropriated by the Minnesota State Legislature. _ a. A partial payment to a SUB-GRANTEE will be based on expenditures that can be documented; ensuring that the remaining work to be completed is well within the dollar amount of the approved project. • -6- b. A request for partial payment of funds must be submitted in writing to the STATE. The request must be accompanied by supporting documentation which • substantiates the project expenditures to date. C. If the partial payment request is approved, SUB-GRANTEE will be advised that its request has been approved and SUB-GRANTEE will be advised as to the dollar amount approved, and the approximate date by which a warrant may be expected. d. If the partial payment request is denied, the SUB-GRANTEE will be so advised, and given the reason for the denial. e. The STATE shall reimburse the SUB-GRANTEE for a portion of the eligible costs which it has incurred, in accordance with Exhibit III, item 9, line a., of this Sub-grant Agreement. This reimbursement, (the "DEM HMGP Share"), will be made from grant funds provided to the STATE by the Federal Emergency Management Agency(FEMA),through the Section 404 Hazard Mitigation Grant Program (P.L. 93-288, as amended). (NOTE:No portion of the "DEM HMGP Share" monies may be utilized to relocate a homeowner who is unwilling to move voluntarily.) 5. In addition to the above-referenced "DEM HMGP Share" and "DEM State Share" monies covered by this agreement,the SUB-GRANTEE may also receive certain other State of • Minnesota and FEMA monies to cover eligible project costs. The provision of these other monies shall be in accord with the requirements established by the individual state and federal agencies involved. (See Exhibit III, page 2, item 9 and Exhibit III,page 3 of this agreement,titled; Minnesota HMGP Project Cumulative Expenditure Report. 6. The SUB-GRANTEE shall not be eligible to receive any percentage of the "DEM HMGP Share" (reimbursement)until after it has incurred and paid eligible project costs, except as provided in Clause II, Section B.4 of this Sub-Grant Agreement. 7. All claims for reimbursement shall be supported by written documentation including receipts, invoices, etc.,as specified in the Subgrantee's Handbook for the Section 404 Hazard Mitigation Grant Program, Revised 9/30/94. 8. Reimbursement for HMGP project costs will not be paid on any expenditure made by the SUB-GRANTEE prior to the dates specified in the FEMA-State Agreement, FEMA-1187 DR-MINNESOTA. The specified incident period June 28-July 27,1997; except that reasonable expenses which were incurred in anticipation of and immediately preceding such event may be eligible. 9. As required by FEMA Guidelines for Hazard Mitigation Grant Program Acquisition and Relocation projects, any income from sale or lease of the land or salvage value of • buildings must be deducted from the overall cost of the project. -7- J 10. SUB-GRANTEE agrees to comply with the provisions of Section I, titled(Non- Duplication of Benefits)and Section II,titled(Disposition of Property-Deed Restriction • Requirement)of the Minnesota Division of Emergency Management's "Guidelines for Hazard Mitigation Grant Program Acquisition/Relocation Projects", attached as Exhibit II,hereby incorporated by reference and made a part of this agreement. 11. When a SUB-GRANTEE has completed its hazard mitigation project,the SUB- GRANTEE will be responsible for completing a"Project Completion Certification Form". A completed "Project Completion Certification Form", along with the necessary supporting documentation and the final claim for "DEM HMGP Share" monies must be returned to the STATE within 60 days of project completion to be eligible for reimbursement. 12. If SUB-GRANTEE determines that there will be a cost overrun, SUB-GRANTEE will be required to notify the STATE in writing as soon as SUB-GRANTEE determines that SUB-GRANTEE will have a cost overrun. The SUB-GRANTEE's letter to the STATE should include the dollar amount of the overrun,the reason for the overrun, and provide appropriate justification and documentation(invoices,copies of contracts,pictures, etc.) to support the_additional cost. If overruns are approved,the SUB-GRANTEE will be notified by the STATE and a supplement to this agreement will be processed. All overruns must be approved by the STATE. 13. ' Final Payment. Upon completion of this project and approval by FEMA of work done, • the STATE will reimburse approved funds to SUB-GRANTEE as per actual costs to SUB-GRANTEE. Total reimbursement and compensation to SUB-GRANTEE shall not exceed the dollar amounts stated in Exhibit III, item 9, lines ab, and g of this Sub-grant Agreement. III. CONDITIONS OF PAYMENT. All services and duties provided by SUB-GRANTEE pursuant to this Sub-grant Agreement shall be performed to the satisfaction of the STATE, as determined in the sole discretion of its authorized agent, and in accord with all applicable federal, state and local laws, ordinances,rules and regulations. SUB-GRANTEE shall not receive payment for work found the by the STATE to be unsatisfactory,or performed in violation of federal, state or local law, ordinance, rule or regulation. IV. TERM OF SUB-GRANT. This Sub-grant Agreement shall be effective upon the date that the last signature is obtained by the STATE,pursuant to Minnesota Statute 16C.05, Subd. 2, and shall remain in effect until all obligations set forth in this agreement have been satisfactorily fulfilled or one year,which ever occurs first. 1. Time Limits. As a general rule,projects must be begun within 90 days of their approval by FEMA, and be completed within one year of the start date. Exceptions to this time limit may be granted for certain types of projects and/or special circumstances. The specific schedule for this • project is set forth in Exhibit III, Items 7 and 8. -8- J 2. Time Extensions. If a SUB-GRANTEE determines that it will not be able to complete its project by the date specified in this Sub-grant Agreement, it must immediately so notify the STATE, and • request a time extension. In its letter, the SUB-GRANTEE must explain why the SUB- GRANTEE will not be able to meet the completion deadline, what project work remains,and when it anticipates the project will be completed. Time extensions will be allowed only by the approval of the STATE. V. CANCELLATION AND TERMINATION. 1. If SUB-GRANTEE materially fails to comply with any term of this Sub-grant Agreement whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere the STATE may take one or more of the following actions, as appropriate in the circumstances: a. Temporarily withhold cash payments pending correction of the deficiency by the SUB- GRANTEE or more severe enforcement action by the STATE, b. Disallow(that is, deny both use of funds and matching credit for)all or part of the cost of the activity or action not in compliance, C. Wholly or partly suspend or terminate the current award for the SUB-GRANTEE's program, • d. Withhold further awards for the program, or e. Take other remedies that may be legally available. 2. This Sub-grant Agreement may be terminated in whole or in part by the STATE or SUB- GRANTEE upon written notification to the STATE or FEMA, setting forth the reasons for such termination,the effective date,and in the case of partial termination,the portion to be terminated. However, if in the case of a partial termination,the STATE determines that the remaining portion of the award will not accomplish the purposes for which the award was made,the STATE may terminate the award in its entirety. 3. If at any time such funds become unavailable,this Sub-grant Agreement shall be terminated immediately upon written notice of such fact by the STATE to SUB-GRANTEE. In the event of such termination, SUB-GRANTEE shall be entitled to payment,determined on a pro rata basis, for services satisfactorily performed. VI. STATE'S AUTHORIZED AGENT. The STATE's authorized agent for the purposes of administration of this Sub-grant Agreement is the Director of the Minnesota Division of Emergency Management, James Franklin or his successor. Such agent shall have final authority for acceptance of SUB- GRANTEE's services and authorization of payments. �II. ASSIGNMENT. SUB-GRANTEE shall neither assign nor transfer any rights or obligations under this Sub-grant Agreement without the prior written consent of the STATE. SUB-GRANTEE may sub- -9- f contract to provide services as described in the SUB-GRANTEE duties. It is understood, however, the SUB-GRANTEE remains solely responsible to the STATE for providing the projects and services • described. VIII. AMENDMENTS. Any material amendments to this Sub-grant Agreement shall be in writing, and shall be executed by the same parties who executed the original or their successors in office. IX. LIABILITY. To the extent permitted by law, SUB-GRANTEE agrees to indemnify and save and hold the STATE, its agents and employees harmless from any and all claims or causes of action arising from the performance of this Sub-grant Agreement by the SUB-GRANTEE or SUB-GRANTEE's agents or employees. This clause shall not be construed to bar any legal remedies SUB-GRANTEE may have for the STATE's failure to fulfill its obligations pursuant to this Sub-grant Agreement. X. ACCOUNTING,AUDIT AND RETENTION OF RECORDS. A. SUB-GRANTEE will establish a separate account for this project and will maintain fiscal records in accordance with applicable federal regulations for P.L. 100-690. SUB-GRANTEE's records, documents, and accounting procedures and practices for this project shall be subject to the examination of the STATE's authorized agent and by the State and/or Legislative Auditor. Fiscal records shall be retained for a period of three years following submission of the final report,unless SUB-GRANTEE is notified by the STATE to extend the retention period. B. Should the SUB-GRANTEE receive more than $300,000 in total federal assistance in its fiscal • year,the SUB-GRANTEE shall obtain an annual financial and compliance audit, made by an independent auditor, in accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and Budget Circular A-133 as applicable. Exhibit I "Federal Audit Requirements" is binding upon the SUB-GRANTEE and is hereby incorporated by reference. A copy of this audit shall be submitted to the STATE. C. The books,records, documents, and accounting procedures and practices of the contractor and/or consultant relevant to this Sub-grant Agreement shall be subject to examination by the STATE's authorized agent and the STATE and/or Legislative Auditor. Records shall be sufficient to reflect all costs incurred in performance of this agreement. XI. IDENTIFICATION AND SOURCE OF FUNDING. When issuing statements,press releases, requests for proposals,bid solicitations,and other documents describing projects or programs funded in whole or in part with Federal money, SUB-GRANTEE will clearly state (1)the percentage of the total cost of the program or project which will be financed with Federal money, (2)the dollar amount of Federal funds for the projects or program, and(3)the source of Federal funds. XII. WORKER'S COMPENSATION. In accordance with the provisions of Minnesota Statutes, Section 176.182,the SUB-GRANTEE has provided acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Section 176.181, Subdivision 2. �II. ANTITRUST. SUB-GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to good and/or services provided in connection with this Sub-grant Agreement resulting -10- from antitrust violations which arise under the antitrust laws of the United States or the antitrust laws of • the State of Minnesota. XIV. NONDISCRIMINATION/PREVAILING WAGE. SUB-GRANTEE agrees that in the hiring of common or skilled labor for the performance of any work under any contract, or any sub-contract here under, neither it nor any contractor,material supplier or vendor shall engage in any discriminatory employment practices as such practices are defined in Minnesota Statutes, 1994, Sections 363.03 and 181.59 or in any practices prohibited by Minnesota Statutes, Sections 177.42 and 177.43. XV. RECORDS AND DOCUMENTATION a. The SUB-GRANTEE shall complete a Quarterly Progress Report, in the format included as an attachment to the Subgrantee's Handbook for the Section 404 Hazard Mitigation Grant Program, Revised 9/30/94,provided by the STATE. SUB-GRANTEE shall forward completed Quarterly Progress Reports to the STATE at dates set by the STATE and shall provide all other information as may be required by FEMA or by the STATE. b. (When applicable) SUB-GRANTEE certifies that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, Section 363.073. • -11-