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Home My WebLink AboutCOM 0228.028 2020-2022 Mitchell D. Moth 4°'c� Paul K.Ferreira Mayor Pollee Chief ,rF OP'FyFJ6 Kenneth Bugado Jr. Deputy Police Chief County of Hawai'i POLICE DEPARTMENT 349 Kapiolani Street Hilo,Hawaii 96720-3998 (808)935-3311 o Fax(808)961-8865 DATE: November 22, 2021CD j TO: MAILS DAVID, COUNCIL CHAIRWOMAN AND COUNCIL MEMBERS 1 VIA: KAY PSHIRO, ONTROLLER FROM: 40K. FERREI , P ICE CHIEF W i RE: NOTIFICATION OF GRANT AWARD COMPLIANCE WITH ORDINANCE NO. 21-38, SECTION 7(1) Name of Grant Program: Hazard Mitigation Grant Program (HMGP) Grantor: State Department of Defense, Hawaii Emergency Management Agency County Grantee Department or Agency: Hawaii County Police Department Grant No. (IF KNOWN): DR-4366-12-082 Amount of Grant: $162,190.50 Amount of County Match: $54,063.50 County Revenue & Expenditure Account Numbers: 010.201.5216.74:3310.27 Grant Period (Commencement &Completion): October 29, 2021 to September 23, 2022 Purpose of Grant: To fund for construction of drainage improvements at Public Safety Building Is final report required by grantor? R Yes ❑ No Notification attached: R Yes ❑ No, because Comm. No. L Ref. To: "Hawai'i County is an Equal Opportunity Provider and Employer" Rea. Date FEB ® 7 ^ MEMORANDUM OF AGREEMENT BETWEEN C(Upy HAWAII EMERGENCY MANAGEMENT AGENCY DEPARTMENT OF DEFENSE STATE OF HAWAII and the THE COUNTY OF HAWAII This MEMORANDUM OF AGREEMENT(MOA) is effective 10/26/2021 and entered by and between the Department of Defense, State of Hawaii, on behalf of its Hawai'i Emergency Management Agency, hereinafter referred to as "STATE,"and the County of Hawaii hereinafter referred to as "SUBRECIPIENT." 1. The purpose of this MOA is to support the project objective and activities related to the mitigation project entitled "Public Safety Building Flood Mitigation—Phase 1, HMGP-4366-12-08R".The funds provided by this MOA will be used by SUBRECIPIENT to pay for a study to eliminate flooding at the Hilo Police Station. This project ensures the development and implementation of a long-term disaster recovery planned program, with a focus on hazard mitigation. This project is in support of State and County commitments toward long-term strategies to reduce the risks of natural hazards and will reduce future losses. The scope of work is outlined in the Federal Emergency Management Agency(FEMA) approved project application. 2. Period of Performance.This MOA covers the effective date and ends September 23, 2022. 3. Modifications.Any extensions,changes or alterations to the MOA shall be agreed to by both parties in writing before being undertaken and the same shall be evidenced by written amendment to this MOA. 4. Project Budget.The STATE, through the federal share,shall provide a maximum amount of$162,190.50 for this project. The non-federal share of$54,063.50 shall be provided by the SUBRECIPIENT in the form of in-kind contributions and/or cash match, which represent 25 percent of total project cost of$216,254.00. The SUBRECIPIENT shall maintain accountability of in-kind activities that contribute to the 25 percent non-federal share.All work and costs shall be associated with the categories of activities cited in the award documentation, dated July 12, 2021, and provided to you under separate cover. 5. Subcontracts_ If the SUBRECIPIENT subcontracts any or all of the work required under this Agreement,the SUBRECIPIENT agrees to include in the subcontract that the subcontractor is bound by the same terms and conditions of the Agreement with the SUBRECIPIENT.A copy of the executed subcontract must be forwarded to the STATE within ten (10)days of the execution of said contract. Contractual agreement shall in no way relieve the SUBRECIPIENT of its responsibilities to ensure that all funds issued pursuant tb this grant be administered in accordance with all state and federal re quire'tnentst The SUBRECIPIENT may not subcontract any work required by the A10 any external individual or entity who participated in the development of the application for the mitigation project covered by this Agreement. . This Agreement is entered into and awarded under FEMA-4366-DR-Hi.The SUBRECIPIENT certifies compliance with FEMA Hazard Mitigation Assistance Guidance 2015 and all other applicable rules and regulations regarding hazard mitigation grants and any terms and conditions that are part of FEMA and other federal statutes, regulations, guidelines, and any other provisions of law that are applicable to this award. 7. Method of Payment. Payments shall be made on a reimbursable basis. If other payment arrangements for costs incurred as a result of this MOA are desired, agreement must be reached after consultation between STATE and SUBRECIPIENT. 8. Quarterly Reports. The SUBRECIPIENT is required to submit to the STATE a quarterly financial and performance report. Report dates are March 30,June 30, September 30, and December 30 of each year. The first report is due on September 30, 2021. 9. Termination. Either party to this MOA shall have the privilege,with or without cause, to terminate this MOA at any time upon written notice given thirty(30) days in advance of such termination. Upon termination, the total amount to be paid to the SUBRECIPIENT shall be determined on the basis of the total work completed-up to the date of such termination. IN WITNESS THEREOF, the parties have executed this MEMORANDUM OF AGREEMENT on the day, month, and year mentioned above. THE COUNTY OF HAWAII APPROVED—AS TO FORM AND LEGALITY: Y MITCHELL D. ROTH DAT OFFIC E PORATION C UN L DATE MAYOR, COUNTY OF HAWAI'l COUN FHA 1 APPROVAL RECOMMENDED 2021 PAUL K. FERREIRA DATE CHIEF OF POLICE HAWAI'l EMERGENCY MANAGEMENT AGENCY DEPARTMENT OF DEFENSE STATE OF HAWAI'l APPROVED AS TO FORM: By a- Oct 29,2021 S Y Oct 29,2021 LUKE P. MEYERS,ADMINISTRATOR DATE DEPUTY ATTORNEY GENERAL DATE Michael Vincent 'q U- a L O C- o ; ' o ',-4 o � � V � = �C O U q O Q, G ��a U.&Department of Homeland Security RAgion 9 I I I I Broadway,Suite 1200 Oakland,California%On ]FEMA July 12,2021 Luke P.Meyers Administrator Alternate Governor's Authorized Representative Hawaii State Emergency Management Agency 3949 Diamond Head Road Honolulu,1196816-4495 Reference. Application Approval,HMGP DR4366-12-08R County of Hawaii Public Safety Building Flood Mitigation—Phase I FIPS Code:001-OOFDB,Supplement 9 Dear Mr.Meyers: We approve and issue Hazard Mitigation Grant Program(HMGP)funds for the County of Hawaii (sub-recipient),HMGP DR-4366-12-08R Public Safety Building Flood Mitigation-Phase 1. The total project cost for Phase I is$216,254.As shown in the enclosed Obligation Report- Supplement 9,we are obligating$162,190.50 for the75 percent Federal share,the 25 percent non- Federal share is$54,063.50.These funds are available in SmartLink for immediate and eligible disbursement.The following is a summary of the approved funding. Prolect Phase: Federal Share: Non Federal Share: Total Project Cost: Phase One, $162,190.50 $54,063.50 $216,254. Su cement 9 1 This HMGP project approval and obligation of funds are subject to the following conditions: 1. Scope of Work(SOW)—Phase I will involve the development of designs and plans from an architect/engineer for construction of drainage improvements to mitigate flooding impacts to the County of Hawaii Public Safety Building.The building is located at 349 Kapiolani Street,in Hilo,Hawaii 96720.(-155.085352, 19.715439). The following Phase I activities and deliverables are expected: www.fenia.gov I I s Luke P.Meyen July 7,2021 Page 2 of 3 Phase I A Estimated Timellne Task I—Development and secs !once of MOA I month Task 2—Planning and preliminary Designs 2 months Task 3—Plans,Specifications,and Estimates 3 months PS+IitE Task 4—prelimin Desi 65%com lets 3 months Task 5—Final Desi 95% 6 months Please provide the above-referenced deliverables one completed to the assigned FEMA Hazard Mitigation Assistance )Specialist for review and inclusion within the official grant file. 2. Phase One Completion Date—The work schedule included with the application indicates that Phase 1 will take 15 months to complete;therefore,the Phase 1 completion date is September 23, 2022. All Phase I project deliverables must be submitted to the assigned FEMA HMA Specialist by the Phase One completion date.Please inform the sub-recipient that work completed after this date is not eligible for federal funding,and that federal funds may be de-obligated for work completed outside the completion date when there is no approved time extension. 3. Phase Two Approval—Please inform the sub-recipient that Phase Two approval is contingent on programmatic review and Environmental and Historical Preservation(EHP)approval.Phase Two activities may not commence until written approval has been received.Any Phase Two activities completed prior to approval may be de-obligated. In addition,if Phase Two is unapproved, federal funds may be de-obligated for previously completed Phase One activities. 4. Record of Environmental Consideration(REC)-Phase 1 (Design)of this project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and FEMA Directive 108-1-1 as authorized by DHS Instruction Manual 023-01-001-01, Revision 1.Categorical Exclusion a4(information gathering,data analysis and processing, information dissemination,review,interpretation,and development of documents)has been applied Particular attention should be given to the project conditions before and during project implementation.Failure to comply with these conditions may jeopardize federal assistance including funding.Please reference the enclosed REC for further information. i 5. Standard Conditions-This project approval is subject to the enclosed Standard Mitigation Grant Program(HMGP)Conditions, amended August 2018.Please note that federal funds may be de-obligated for work that does not comply with these conditions. Ifyou have any questions,please contact Jeanne Johnston,Hazard Mitigation Assistance Specialist,by email Jeanne.Johnstonter�dhs.fema. or phone(808)349-3297. Sincerely, KATHRYN 1 LI PIECKI uPi as 'n �by txe daft 2021.07.1212:3937-07*0a Kathryn Lipiecki Director,Mitigation Division FEMA Region 9 Luke P.Meyers July 7,2021 Page 3 of 3 Enclosures(4): Obligation Report-Supplement 9 Project Management Report Record of Environmental Considerations MEC) Standard Mitigation Grant(HMGP)Conditions cc: Them Woznick,State Hazard Mitigation Officer,State of Hawaii Colby Stanton,Director of Readiness,FEMA Region 9,Pacific Area Office Robert McCord,Chief,Hazard Mitigation Assistance Branch,FEMA Region 9 i 03MIrA21 FEDERAL EMERGENCY Y HM -0 2 j 9:07 HAZARD MMGA710H GRANTS PROGRAM Obligation Report wl Signatures Disaster FEMA Amendment State Action Supplements! No Project No No Application 10 No No state R eciplent 4386 S-R 0 12 1 9 Hl Statewide Subreciplent HAWAII COUNTY POLICE DEPT Pr4ect Tido:CoHI c Safety Building.Flood Miligation Subreciplent FIPS Code:001-WFDB Tata!Amaunt Total Amount Total Amount Total Amount AvailaMe PreviouslyAllocated PrieviouslyObligated Pending Obligation for Now Obligation $162.190.50 $162,190.60 $0.00 $0.00 ement ProjectAmount SUbrea Ami Total Obllgalion IFMIS Date IFMIS Status FY $162,190.5 �l $0.5 1` $162180.5 0 021 Accept 2021 Camm2m Date: 03/2912021 User Id: SSCOTr39 Commenx Approved funding for HMGP 438&12-8R,Havwall County Police Department,Public Safety Building,Flood M1140on for$162.190.51 Autlrortratlon Preparer Nanw. STEVEN SCOTT Preparation Date: 0=9t2021 HMO Authodzadon Name: KAREN MOdICA HMO Authorization Date:0313012021 KATHRYN J LIPIECK! t IE0QQ dlsytrATHnrNJ ua Date:2o21.07.1212A0:1a-OrW Authorizing Official Signature Authorizing Official Title Authorization Date Authorizing Official Signature Authorizing Official Title Authorization Dade Page 1 of 1 OWIrA'021 FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-AP-01 9:05 AM HAZARD MITIGATION GRANT PROGRAM Project ManagWIM Report Disaster FEW Amendment Apo(D state Recipient Number Project Number Number 4366 S-R 0 12 HI Statuvw1do Subrectplent: HAWAII COUNTY POLICE DEPT FIPS Code* 001-00FOS Project Title:CoHl-PD.Public Safety WIding,Flood Mitiriatton Amendmard Status:Approved Approval Status: Approved Project Title: CoH1-PD,Public Safety Building.Flood Mitigation Radplent: Stole" Subredplant: HAWAII COUNTY POLICE DEPT Recipient County Name: Hawaii Subreciplent County Name: Havali Recipient County Code: I Subreciplent County Code: I Recipient Place Nam: Havall(Cour" SUbleCIPlant P1800 Name: Hawall(County) Recipient Place Code: 0 Subreelplent Place Code: NMI Project Closeout Date: 001000000 Wg&Schodula fftfts Amend. Description EM Frame Ova Date Revised Date QMdation Date a Task I-Accepter=of Grant 11 month 00==1110 011=111341)(10 OMMUN 0 Task 2-MOA Sehmen CoHl and HIEMA 3 Months 00111=00 00100=0 0000=111110 0 Task 3-Design and Planning 9 months 0=1111111300 0010=00 OWING= 0 Task 4-Scliclisdon of Bids 10 Months cowwal) COAMOW =00110110 0 Task 5-Avail Contrad 11 Months 00=10000 own(loo 00000/0006 0 Task 6-Construotton 29 Months 000061=0 001=000 0011)(110000 0 Task 7-Acceptance of Work 32 Months 001000=0 0010010000 =011=00 0 Task 8-Financial Reconciliation 34 Months 001001=0 0010011111100 01111111=00 0 Task 9-Closeout 36 Months camilmo ciamamcco 0000000000 Awagnted Ammuft Total Approved Federal Total Approved Non-Federal Total Approved Not Eligible Share Percent Federal Sham Amount Share Percent Non-Fed Share Amount i - * -- --"-- —.7 -,-iik- - 6 ISEW MMU Allocations Allocation IFMIS IFMIS Submission ESFDFSC ESIDFSC PrejAllocAmount Subreciplent Total Number Status Oate Date FY Support Req Amend Nr Fed Share Management Cost AllocAmount 10 A =2812021 0302012021 2021 3398122 2 TOW '180..r Pblinallong Action IFMIS IFMIS Submission SFS SFS Supp) Project Obligated subrecipient Total ObUWW Nr Status Dole Date Fy Support Amend Nr Amt-Fed Share Management Cog Amount I A 0300201 031302021 2)21 3473749 0 9 $162.190.60 $0-0•: 5162.190.60 Tow Page 1 of 1 21FEDERALEMERGENCYREC`01 22:37:42 RECORD OF ENVIRONMENTAL CONSIDERATION( C) Project HMGP 12.08(Phase 1-Design) Tata Safely Bddktlrng Flood Mi (Phan 1- ) NEPA DETERMINATION N : No Date: EA Public Notice - EA Fond Levels CATEX E38 Notice of Word EIS ROD Dabs: Comment The County of Hewell Police Department prop to harden the Pubic Safety Complex(328 Kapiotard Street,HEto,Hawaii)and upgrecici the electrical system to address ongohyp flooding Issues wkhln the facility.Phase 1 Is to cornpleha arcttflectund&engineering designs.The resulting designs will be implemented In the second,construction phase,am!reviewed as Phase 2 of this proposed project.This review covers Phase 1 acritvifles only with no ground dleboberice or other physical project construction acdvifses. Phase 1 )of this project has been determined to be Categadcally Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment In accordance with FEMA Instruction 108-1-1 and FEMA Directive 108-1-1 as authortmd by DHS instruction Marmal 023. 01.001-01,Revision i.Categorical Exclusion a4{t tmetlon gathering,date analysis and processing. tubmiation dissemination.review,Interpretation,and development of documents)has boon applied. Particular attention shadd be given to the project conditions before and during project Implementation. Failure to comply with these conditions may jeopardize federal assistance Including houfhug.-dcohen3- 03MM02122:3s;24 OUT CATEX CATEGORIES Carex Comm code Description "acted a4 (a4)Information gathering,data anstysls and processing,information Yes dissexntnaton,review,tnterpretaton.and development of documents. if any of these activities result In proposals for further action.those proposals mist be covered by an appropriate CATEX. Examples Irnciude but are not limited to:(a) Docanent mailing,publication and disaibaton.training and intarmaton Programs.historical and cultural dertonaUaticns,and ptibtiC affatis actions.(b) Shalles,reports.proposals,ene4sm literature reviews;computer modeling; and mon-Intrusive intelligence gathering activtilm. EXTRAORDINARY Extraordinary Circumstance Code Description selected 7 No Extraordinary Circumstances were selected ENVIRONMENTAL LAW 1 EXECUTIVE ORDER Envtrommerrta!Lawl Executive Order Status Description Comment Cteen Air Act(CAA) Completed Project will not result In permanent air emissions-Review concluded Coastal Barrier Resources Act Completed Project is not on or connected to CERA Unit (CORA) or otrerwise protected area-Review concluded NOTE:All tires are OUT using a 244rourr clock. Page 1 of 4 03108=11 FEDERAL EMERGENCYMANAGEMENT 1 22:37.42 RECORD OF ENVIRONMENTAL CONSID (REC) Project HMGP 4366.12-08 1- ) TWO-Public Safety Building Ft od 09gallon Munie 1- } Environmental 1 Executive Order status Description Comment Clean avatar Act(CWA) Completed Project would not affect any water of the U.S. -Review concluded C013W Tone Management Aa Compteted Project Is located In a coastal zone area (Cuwa) andfor affects the coastal am Completed State adm!rdstaft agency does not require consistency review-Review conctuded Executive Order 11988- Completed located in ftoodpWn or effects on F1 In review will be required during Phase Floodplatne floodplatniflood levels 2 once project designs hove been developed. doohan3-031°8=122:1326 GUT Completed No adverse effect on floodplain and not adversely sheeted by the floodplain-Review concluded Executive Order 11990- Complotetd No effects on wetlands and project outside Wett ends wetlands-Review concluded Executive Order 12898- Completed Low Income or minority population In or roar EnWonmerdat.hnstfog for Low project area income and tMirrortly Populations Completed No disproportionately high and adverse impact on low Income or mhtofty population- Revlew concluded Endangered Species Act(ESA) Cwntplated Listed species and/or designated critical The proposed action Is to provide funding to the haMt present In areas affected directly or subrecipimtt for Phase 1 design development tndbectly by the federal action funds.without any proposed physical dns4abanoe.Thaw actions would result in no Impacts to endangered species.ESA review wig need to be completed prior to tmplanu ling any subsequent phases of the project.The proposed scope of work for design developrnent wig not destroy or adversely modify suitable habitat and will rot affect any other listed or proposed species.it Is therefore determined the puffnosed action world have No Effect on fisted species and consultation with the Services under Section i of the Endangered Species Act Is not required. -dodton3-03108=1 2224W GVr Comptated No effect to species or designated cralcai habitat(See comments forNstttic ors)- Review concluded NOTE:A I times are GMT using a 24-hour clock Page 2 of 4 I I 21FEDERALEMERGENCYE C-01 z2:a7:42 CORD OF ENVIRONMENTAL CONSIDERATION(REC) Prefect HMS 4366-12-08(Phase I-Design) IWO Public Safety Building Flood Mitigation(Phm 1-Deign) EnvtnmnmnW Execudw Order stable Description ant 3 Famdand Protection Policy Act Completed Project does not affect designated pdfm or (FPPA) unique concluded i Fish and Wildlife Coomilmation Completed Project does not affect,control.or rnaft a Act(FWCA) waterway/body of water-Review concluded Bird Treaty Act( A) Completed Project located within a flyway zone Completed Project does;W he"potential to take migratory birds-Rehdew concluded Magnuson-Steams Fishery Completed Project not located In ar niter Essential Fish Conservation and Management Habitat-Review concluded Act(MSA) National Historic Preservation Act Completed AppAcabde exam Programmatic The Umdestsldng complies with Stlpufatton IA7.1 (NHPA) Agreement Activity meets Programmatic (assistsrhoe provided for placating,studies. Allowance(eater date and#In comments)- design and argineerirg coals that Involve no Review oonctuded commiUr ant of resources cover Over,slafftng and associated dunding)of the Programmatic Agreement among FEMA,the Hawaii State Historic Preservatlo n Otftoer(SHPO).&a Office of Hawallan Affalm.and the HawaSan EmergenncyMerspnvW Agency of the Hawaltan Department of Defense executed on July 11.2016..Thus.tha UndertaMrg does not require SHPO review.and FEMA has no further Section 106 ra ponsibill ies In accordsm with 36 CFR§800.3(aXll) No ground disturbance Is proposed.-dcohen3-03f08120212Z22.07 GMT Wilt and Somdc Rivata Act Completed Project Is not along and does not affect WAd MSR) and Soatfc River-Review concluded CONDITIONS Sbmdwd Conditions: Any change to the approved scope of work wtii require re-evaluation for compliance with NEPA and other Laws and Executive Orders. This review does not address an federal.stats and local requirements.Acceptance of federal funding requires recipient to comply with all federal.state and focal laws.Failure to obtain ail appropriate federal.state and focal emtrar mardell perndffi and clearances mey jeopardize federal funding. NOTE:A0 times are GMT ushg a 24-hour clock Page 3 of 4 L EMERGENCY MANAGEMENTGEC REG01 22:97:42 RECORD OF ENVIRONMENTAL CONSIDERATION(REC) Project HMGP 4366-12-M 1-D ) Title:Public Seiety Bui ft Flood Mftlgdm(Phase 1• ) If Wound dswftq acowdes w=&on ommmmum appacm wUi mordtor Wound disturbance artd H my pcterdW ardoft0cal resources ora dscavered,wW Wunedistely owatructlon in that area and the Stale and NOTE:AD duras are GMT using a 244=w clock. Page 4 of 4 3 s Standard tiation Grant Program (HMGP) Conditions FEMA Region LX,August,2418 The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency(FEMA)of the Department of Homeland Security(DHS): 1. Applicable Federal,State,and Local Laws and Regulations. The RecipientISubrecipient must comply with all applicable Federal,State,and Local laws and regulations,regardless of whether they are on this list or other project documents.DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan,applicable Hazard i Mitigation Assistance Uniform Guidance,and Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations(CFR)Part 200,adopted by DHS in 2 CFR 3002. 2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds,as referenced in 2 CFR 200302. . Match or Cost Share. Non-federal match or cost share must comply with 2 GFR 200.306,the scope of work(SOW),and any agreements among the Subrecipient,the Recipient,and FEMA. 7 4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost.However, if costs exceed the federal share,the Subrecipient must notify the Governor's Authorized Representative(GAR)of overruns before implementation.The GAR shall submit a written request for approval to FEMA Region IX.The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share.Refer to 2 CFR 200.308 for additional information. 5. Real Property and Land. The acquisition,use,and disposition must comply with 2 CFR 200311. 6. Equipment. The acquisition,use,and disposition must comply with 2 CFR 200.313. 7. Supplies.Upon project completion,FEMA must be compensated for unused supplies,exceeding $5,000(fair market value),and not needed for other federal programs.Refer to 2 CFR 200.314. 8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320. 9. Monitoring and Reporting Program Performance.The Recipient and Subrecipient must submit quarterly progress reports,as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan. 10. Records Retention. In accordance with 2 CFR 200333,financiall programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient's final expenditure report. 11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms,whether stated in a Federal statute or regulation,the State HMGP Administrative Plan,subpplication,a notice of award,an assurance,or elsewhere,FEMA may take one or more of the actions outlined in 2 CFR 200.338,including termination or partial termination of the award or subaward outlined in 2 CFR 200.339. 12. Allowable Costs. Funds are to be used for allowable casts in compliance with 2 CFR 200.403,the approved SOW,and any agreements among the Subrecipient,Recipient,and FEMA. 1 13. Non-Federal Audit. The Recipient and Subrocipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984,in compliance with 2 CFR 200.501. 14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689,and 2 CFR ISO.These regulations restrict federal financial assistance awards,subawards,and contracts with parties that are debarred,suspended,or otherwise excluded from or ineligible for participation in the federal assistance program or activities. 15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMA- approved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit. 16. Duplication of Funding between Public Assistance(PA)and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location,but the activities identified under each program must be distinct with separately accounted funds.At closeout,FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one fimding source. 17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800,if a potential historic property or cultural resource is discovered during construction,the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource.During construction,the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered,will immediately cease work in that area, and notify the Recipient and FEMA.Construction in the area may resume with FEMA's written approval after FEMA's consultation,if applicable,with the State Historic Preservation Officer (SHPO). IS. NEPA and Changes to the Scope of Work(SOW). To comply with the National Environmental Policy Act(NEPA),and other Laws and Executive Orders,any change to the approved SOW shall be re-evaluated before implementation.Construction associated with a SOW change,prior to FEMA approval,may be ineligible for funding.Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal,state and local laws,and failure to comply may jeopardize funding. Within their authority,the Recipient and Subrecipient must use of all practicable means,consistent with other essential policies,to create and maintain productive harmony for people and nature,and fulfill the social,economic,and other needs of present and future generations of Americans. M91i8aMm1td%tAV5.HMA Grants Managmm%02.HMOMMOP Smadod C=d1dow%Mndard HMGP Canditiom August 2019.doex 2