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HomeMy WebLinkAbout05. 12-368 JULY 24, 2012 12-368 RESOLUTION (CARRIED__7-0____LOST______LAID OVER_______WITHDRAWN_____) PURPOSE: ACCEPT GRANT FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR THE HAZARD MITIGATION GRANT PROGRAM FOR THE ARMORY AREA STORM WATER DETENTION BASIN (FEMA $1,548,554 & WEM $258,092) INITIATED BY: PUBLIC WORKS DEPARTMENT WHEREAS, the Federal Emergency Management Agency administers the Hazard Mitigation Grant Program for disaster recovery and planning and implementing projects to reduce the potential for future disaster damages; and WHEREAS, the City of Oshkosh has previously applied for a grant under this project; and WHEREAS, funding is available under this program for Presidential Disaster Declaration FEMA-1933-DR-WI. NOW, THEREFORE, BE IT RESOLVED that the City of Oshkosh has budgeted a sum sufficient to complete the project. BE IT FURTHER RESOLVED that the proper City officials are authorized and directed to execute any and all documents required for purposes of the same, and are further authorized and directed, if said grants are awarded to accept such funds, pursuant to the terms of the grant application. Activity Title of Official or Employee Sign a grant agreement between the City & WEM City Manager Submit quarterly and final reports Civil Engineering Supervisor Request grant reimbursement Civil Engineering Supervisor Sign and submit grant closeout documents Civil Engineering Supervisor OJHKOl- ON THE WATER MEMORANDUM DATE: July 19, 2012 TO: Honorable Mayor and Members of the Common Cou it FROM: James E. Rabe, Civil Engineering Supervisor RE: Accept Grant from the Federal Emergency Management Agency for the Hazard Mitigation Grant Program for the Armory Area Storm Water Detention Basin (FEMA-$1,548,554 and WEM -$258,092) BACKGROUND The Federal Emergency Management Agency administers the Hazard Mitigation Grant Program (HMGP). This program offers financial assistance to local units of government after a Presidential Disaster Declaration to assist with the recovery, and to help reduce the potential for future damages. On August 11, 2010, the President of the United States declared a major disaster for the State of Wisconsin (FEMA- 1933-DR-WI). Projects within the affected counties (Grant and Milwaukee) are given priority for funding, although any community within the State of Wisconsin is permitted to submit an application under the disaster declaration. The City of Oshkosh had applied to FEMA for a grant under the Pre-Disaster Mitigation Grant Program for the Armory Area Detention Basin. The project had completed the competitive phase of that grant application, and an Environmental Assessment was being completed. Staff were contacted by the Wisconsin Emergency Management State Hazard Mitigation Officer and notified that funds were available under Disaster Declaration FEMA-1933-DR-WI, and that the Armory project application could be transferred to the HMGP, which would provide an additional $258,092 in grant funding. The grant application was transferred to the HMGP to obtain the additional funding. ANALYSIS It is currently estimated that the cost of construction of the Armory Area Detention Basin and associated storm sewer upgrades will be approximately $3,800,000. The grant award of$1,806,646 is comprised of $1,548,554 from FEMA and $258,092 from Wisconsin Emergency Management(WEM). FISCAL IMPACT The acceptance of this grant award of$1,806,646 will reduce the City cost of the project. RECOMMENDATION Staff recommends approval of the resolution. Approved: Mark A. Rohloff City Manager J ER/tit 1:1Engineering112-01 Armory Area Det Basin\Project_Information\Correspondence\Memo112-01 FEMA HMGP Grant Memo_7-19-12.docx WISCONSIN DIVISION OF EMERGENCY MANAGEMENT State-Local Hazard Mitigation Grant Program Assistance Agreement Project Grant 1933.35-R City of Oshkosh This Grant Agreement between the Wisconsin Division of Emergency Management (the WEM/Grantee) and the City of Oshkosh (the Subgrantee) shall be effective on the date signed by the WEM and the Subgrantee. It shall apply to all Hazard Mitigation Grant Program (HMGP) Program assistance provided by or through WEM to the Subgrantee. The purpose of this agreement is to formally recognize the goals of the HMGP Program and to establish guidelines by which HMGP funds are to be used. This agreement is in addition to the requirements outlined in Form 1017A, Assurances for Non-Construction Programs, which was signed by the above-mentioned Subgrantee and submitted with the HMGP application. Be it resolved by the Subgrantee, that the individual named below: (Name and Title) has the legal authority and is hereby authorized to execute documents for and on behalf of the Subgrantee. The individual and this designation is to be the authorized representative for obtaining HMGP funds. The Subgrantee hereby assures and certifies that the project will comply with the applicable State of Wisconsin and FEMA regulations. Also, the Subgrantee gives assurance and certifies with respect to and as a condition for the grant that as a minimum: 1. This Grant Agreement in the amount of $2,064,738.00 will serve as the contract between WEM and the Subgrantee for DR-1933 HMGP Project Grant for the purpose of the construction of a detention pond known as the "Armory Stormwater Detention Basin" in the City of Oshkosh. Seventy-five percent (75%) or $1,548,554.00 represents the Federal share funded through FEMA. Wisconsin Emergency Management will provide 12.5% or $258,092.00 with the remaining 12.5% or $258,092.00 required local match that must be met by matching contributions from non-federal funding sources. The Subgrantee will be reimbursed for management costs applied to the total cost of the project up to 1% (one percent) or $20,647.00. If there is a cost under-run, final reimbursement will be adjusted based on actual costs of the project. If costs exceed the amount approved, the County is responsible for the costs in excess of the approved grant. 2. The Subgrantee will adhere to the special conditions as identified in the Finding of No Significant Impact dated May 31, 2012 in completing the project: • Appropriate construction BMPs will be implemented to minimize soil erosion. The measures will be implemented, installed, and maintained as required by the WPDES Permit and meeting City of Oshkosh erosion control standards. The measures may include, but are not limited to, minimizing the disturbed area, maintaining vegetative cover, inlet protection, stabilized construction entrances, silt fence, and erosion mat. • Measures will be taken to reduce the potential for temporary air quality impacts during construction including, keeping fuel-burning equipment running time to a minimum, minimizing open construction areas, and watering open construction areas to control dust when necessary. • To mitigate for potential impacts to the terrestrial and aquatic environment, native vegetation will be planted throughout the detention basin. Plant species tolerant. of the various conditions surrounding the detention basin will be incorporated into the design. An open pool of water will also be incorporated into the detention basin design. These features will provide habitat for various wildlife such as water fowl, amphibians, small mammals, and migratory bird species. • If hazardous materials are encountered during construction, materials will be handled and disposed of in accordance with all applicable rules and regulations. • The proposed project must comply with Oshkosh City Ordinance Chapter 15, Health, Article V, Excessive Noise which defines allowable hours of construction and noise levels at property boundaries. • The detention basin will incorporate several safety features into the design. These features include: tall vegetation to discourage people from approaching the detention basin, a safety shelf surrounding the pool, and the installation of grates over the inlet and outlet storm sewers. • To minimize the risks to safety and human health, all construction activities will be performed using qualified personnel trained in the proper use of the appropriate equipment including all appropriate safety precautions; additionally, all activities will be conducted in a safer manner in accordance with the standards specified in the OSHA regulations. • Equipment will be maintained in good working order to minimize noise and pollution. • If any human or archeological remains are encountered during construction, work at the site would be stopped immediately and FEMA and the Wisconsin SHPO would be contacted immediately. • If deviations from the proposed scope of work result in substantial design changes, the need for additional ground disturbance, additional removal of vegetation, or in any other unanticipated changes to the physical environment, the Grantee must contact FEMA, and a re-evaluation under NEPA and other applicable environmental laws will be conducted by FEMA. • No spoil material removed from detention basin may be stored or disposed of in a regulated floodplain or wetland area. • The review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. 3. Once this Grant Agreement is signed and returned to WEM, the subgrantee may begin the project and the authorized representative may request reimbursement of expenses. The Subgrantee will need to complete and submit to WEM a Request for Reimbursement of Expenses with appropriate documentation in order to receive grant funds. Advancement of funds may be made in some extraordinary situations upon prior approval of the Grantee. COSTS INCURRED PRIOR TO FEMA APPROVAL OF THE GRANT, UNLESS SPECIFICALLY AUTHORIZED BY THE GRANTEE AS PRE-AWARD COSTS, ARE NOT ALLOWABLE COSTS FOR THE GRANT. The Grantee may pursue all available remedies for the recoupment of any payments that have been inadequately documented or determined by the Grantee to have been improperly made or expended for any reason. 4. The authorized representative will be required to submit Quarterly Status Reports to the State Hazard Mitigation Officer (SHMO) within fifteen days following the end of the quarter (January 15, April 15, July 15 and October 15). Said report will include the status of the project, anticipated completion date, and financial information. 5. Per the work schedule identified in the application the Subgrantee will meet the following timeline for completing this project: Start Date No later than September 14, 2012 Completion Date November 14, 2014 If the Subgrantee is delayed in their completion of the project by an event beyond their control, a request for an extension must be received in writing 90 days prior to the completion date. 6. The grant performance period for the HMGP Project Grant will be June 14, 2012 to June 14, 2015. The subgrantee will complete and submit a final report 30 days prior to expiration of the grant, or within 30 days after completion of the project whichever is sooner. Only those costs incurred during the performance period are eligible for reimbursement. 7. The Subgrantee will use HMGP funds solely for the purpose for which these funds are provided and will adhere to the requirements in the FFY11 Hazard Mitigation Assistance Program Guidance. 8. Subgrantee shall maintain good standing with the National Flood Insurance Program (NFIP) and comply with local regulations pertaining to the NFIP. 9. The Subgrantee will comply with all other policies and guidelines established by FEMA and WEM in administering the HMGP Program. 10.The Subgrantee will comply with all applicable federal, state and local codes and standards as pertain to this project. 11.The Subgrantee will follow Emergency Management and Assistance Regulations found in Title 44 CFR Code of Federal Regulations (CFR) Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. • Follow requirements for budget revisions found in 44 CFR 13.30. Transfer of funds between budget cost categories in the approved budget shall receive the prior approval of FEMA when such cumulative transfers among those cost categories exceed 10% of the total budget. • Follow cost-sharing requirements mandated by program statute or regulations in compliance with 44 CFR 13.24. • Comply with 44 CFR 13.32 Equipment, 13.33 Supplies and 13.36 Procurement, and be in compliance with state and local laws and procedures. 12.The Subgrantee will follow 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments and OMB Circular A-133 Audits of States, Local Governments and Non-Profit Organizations. 13.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 of FEMA or reflects FEMA views. The Grantee and FEMA are free to copyright any original work developed under this agreement, and reserves a royalty-free non exclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use the work for Government purposes. 14.The Subgrantee will not enter into cost-plus-percentage-of-cost contracts for completion of the project. 15.The Subgrantee will not enter into any contract with any party that is debarred or suspended from participating in Federal Assistance programs. (See https://www.epls.gov.) 16.Records shall be retained for three years form the date the State's final financial status report is submitted to FEMA in compliance with 44 CFR 13.42. GRANT CERTIFICATION The undersigned do hereby certify that the subgrantee will fulfill all the requirements of the Hazard Mitigation Grant Program contained in Federal and/or State program guidelines including the submission of all appropriate forms. The governing body of the subgrantee has duly authorized this document. SIGNATURE OF SUBGRANTEE'S AUTHORIZED REPRESENTATIVE: Date Signed Name Typed Title Subgrantee Jurisdiction SIGNATURES OF THE GRANTEE (WISCONSIN DIVISION OF EMERGENCY MANA MENT: ' --/ 2__ Date Si ned State azar Mitigation O i er �