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FY2024-31 DHSEM Hydrology Study Grant - US Department of Homeland SecurityCONTRACT TRANSMITTAL FORM RETENTION SCHEDULE: CL -09 CONTRACTS Records Related To Obligations Under Contracts, Leases, And Other Agreements Between The Borough And Outside Parties, Successful Bids, And Proposals. Each Department Maintains The File While The Contract Is Active. Once Inactive, Retain Procurements For Another 4 Years And Retain Contracts, Leases, Or Agreements Involving Real Property For Another 11 Years. DEPARTMENT: Leect Departm t kCONTACT PERSON: CONTRACT NO.: FY2-4�21'i -- 3 I CONTRACT TITLE: 6 � -"'"' " ' S A'f .I k- % VENDOR OR SERVICE PROVIDER: Administrative contracts are contracts approved by the manager within the spending authority allowed by code. Assembly approved contracts are beyond the manager's spending authority and require approval by the Assembly during a meeting. APPROVED BY: MANAGERO ASSEMBLY O DATE OF APPROVAL: z{ `l , 2-62-Lj TYPE OF CONTRACT: Prq ent 61 EXTENSION OPTIONS: yX V%- — EXPIRATION DATE: (S�'�1i�`'�R"V� I5 , 2-62-S PROCUREMENT PURGE DATE: INVOLVES REAL PROPERTY/PURGE DATE: If there's no expiration date, give the process on how or when this record should be purged or flagged for review. FILL OUT BELOW IF THE RECORD AMENDS, EXTENDS, OR A CHANGE ORDER TO A CONTRACT TYPE: Chan Qrder (J //+- APPROVED BY: MANAGER O TYPE OF CONTRACT: Procurement EXTENSION OPTIONS: EXPIRATION DATE: PROCUREMENT PURGE DATE: ASSEMBLY O DATE OF APPROVAL: INVOLVES REAL PROPERTY/PURGE DATE: If there's no expiration date, give the process on how or when this record should be purged or flagged for review. l \\dove\borough\CL\U - RECORDS\FORMS\contract transmittal form NJ.docx Rev. 12/23 DEPARTMENT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT Obligating Award Document for HAZARD MITIGATION GRANT PROGRAM U.S. DEPT OF HOMELAND SECURITY Federal Emergency Management Agency Grant Programs Directorate Federal Grant No. 4585-05-R CFDA No. 97.039 ate Grant 2. UEI # 3. Award ® Amendment ❑ 4. Employer Tax ID # No;4585-05 r WT6NU1MLXNW7 92-0030845 ecipient Name and Address 6. Issuing Office and Address Kodiak Island Borough Department of Military and Veterans Affairs 710 Mlli Bay Road Division of Homeland Security and Emergency Management Kodiak, AK 99616PO Box 5750 Fort Richardson, Alaska 99506-5750 hit YAvww.readv.alaska.aov/ Effective Date. of This A014n 8. Method of Payment: November 15, 2023 Electronic 9. Grant Award Arid Terrll4 and Conditions: (see attached Grant Terms and Conditions) Total Award Amount $99,540.00 Federal Share: $89,586.00 State Matching Share: $ 9,954.00 Local Matching Share: $ 00.00 Grant Performance Period: November 15, 2023 through November 15, 2025 See Attached: Approved Hazard Mitigation Grant Program (HMGP) Project Description and Budget Detail For State Use_ Only: CC # Fite No. # 10. Grant Requirements, Assurances and Ag reements: (see attached Grant Requirements, Assurances and Agreements) The acceptance of a grant from the United States creates a legal duty on the part of the grantee to use the funds or property made available in accordance with the conditions of the grant [GAO Accounting Principles and Standards for Federal Agencies, Chapter 2, Section 16.8(c)]. Fundin for this gant is 90% Federal FEMA and 10% State DHS&EM . 11. Special Conditions: 12 -Recipient is required to sign and return; one- (1) copy of this document with the Terms and ednditions to the Issuing address In lock 6, within 30 days from, the date in Block M sion of H�mMan& curity;and..EmergencyManagement Phones (90x{28.7045 rFaz:907)42:icim r`' t :. ... •ar eritiurg .: :;: ,; .. .. Email:. kim:barvin tg@alaska.gov 1 . riature:ofJurisdiction Project. Manager Phone: 907-486.9360 Fax: 907-486-9396 Email: cfrench(okodiakak.us Printed Name and Title: Chris Fren 15. Signature of Jurisdiction Chief Financial Officer Phone: 907.480.9320 O� � Fax: 907-486-9392 Printed Name and Title: Dora Cross Email: dcross(Mkodiakak.us 16. Signa re of Jurisdiction Signatory Official �ifPhone: Date: 90 -486.8302 ,,t �(�C�Y `` Email: Printedtamie and Title: Aimee Williams &rau awilllams@kodiakak.us 17. Division of Homeland Security and Emergen y Manage ent Date Signatory Of I dal Z% kIllia�m Dennis, iternate Governor's Authorized Representative The total allocation of the 2020 South East Severe Storm, Flooding, Landslide, Mudslide awarded to the Division of Homeland Security and Emergency Management (DHS&EM) Is $6,144,750 under Federal Grant DR -4585 -AK, CFDA# 97.039. The Kodiak Island Borough hereby referred to as "Jurisdiction" has been awarded $99,540, which shall be used to support activities essential to conduct Advance Assistance and conduct a robust hydrology study Investigating and evaluating a range of flood mitigation options for flood -prone areas along the Sargant Creek and Russian Creek. The performance period of this grant award is November 15, 2023 through November 15, 2025, Project conditions must be completed by this date. The Jurisdiction cannot sub -grant all or any part of this award to any other entity or organization. All awards require confirmation within the first reporting quarter that expenditures In the budget category toward projects will be made, or DHS&EM will execute de--obllgation of the funds. No transfers of funds between allocations will be authorized, only de - obligation of funds, except on a case-by-case basis. (A) Changes to Award: All change requests must be submitted In writing, or electronically to the DHS&EM project manager, accompanied by a justification narrative and budget/spending plan, for review and approval. Changes must be consistent with the scope of the project and grant guidelines. Requests for changes will be considered only If the reporting requirements are current, and If terms and conditions have been met at the time of the request. Changes In the programmatic activities, or purpose of the project, changes In key persons specified on the grant award, contractual services for activities central to the purposes of the award, requests for additional funding, change in project site, or release of special conditions will result In an amendment to this award. No transfers of funds between allocations will be authorized, only de --obligation of funds, except on case-by-case basis. (B) Re og_ rting Requirementsi The Jurisdiction shall submit timely quarterly HMGP Project Quarterly Report to the Project Manager at DHS&EM. Instructions and blank forms are located electronically at http://ready.ala.Sjgl.gov/Grants/HMGP, and may be reproduced. Jurisdictions must check the web site quarterly for the most current forms. Use of outdated forms will not be accepted. Quarterly reports are due: Q1 October i - December 31 Report due January 20 Q2 January 1 - March 31 Report due April 20 Q3 April 1 - June 30 Report due July 20 Q4 July 1 - September 30 Report due October 20 HMGP Project Quarterly Report shall describe the status of the project, compare actual accomplishments to the objectives established for the reporting period In the project timeline, report reasons for deviation and justification for timeline adjustment requests, and must support the funds expended, Include any significant events or activities. Progress must be reported relative to the project timellne and milestones stated in the jurisdiction's application. The Project Final Narrative Form Is a summary report, evaluating project activities and measuring performance against project goals and objectives for the entire performance period, and is required In addltion to the last quarterly report. (C) Reimbursements: Submit on the HMGP Request for Funds form. Reimbursement shall be based upon authorized and allowable expenditures consistent with project narrative and budget detail and grant guidelines, and submission of timely quarterly report. Payments may be withheld pending correction of deficiencies or for use of outdated forms. Reimbursement of expenditures may be requested at any time within the performance period. Expenditures must be Supported with source documentation (e.g. copies of Invoices, receipts, timesheets with name/wage/hours, cost allocation, warrants, etc.). ■ Personnel Costs: Payroll reports signed and certified by the Chief Financial Officer that capture the employee name, position, coded allocation to the project, amount paid, are acceptable. Staff may not self -certify their own time and wages. The Jurisdiction shall retain all supporting payroll records, Including time and attendance records signed by the employee and supervisor and copies of warrants as per the recordkeeping requirements in Section J. ■ Contracts: All sole -source procurements, single vendor response to a competitive bid, and contracts over $100,000 require DHS&EM pre -approval prior to Implementation. Final signed copies of all contracts are required for submission to DHS&EM with the request for reimbursement. • Program Income and Local M tg .ch: Program Income may be used to supplement project costs, reduce project costs, or may be refunded to the federal government, and must be used for allowable program costs and be expended prior to requests for reimbursement. Local matching funds must clearly support the source, the amount, and the timing of all matching contributions. ■ Equipment: See Sub -grantee's Handbook ■ Construction: Projects must comply with the Davis -Bacon Act. Contractors or subcontractors for construction projects pay workers employed directly at the worksite no less than the prevailing wages and fringe benefits paid on projects of a similar character. • Final Payment: The Jurisdiction has 60 days from the completion of the project to submit the supporting documentation to the DHS&EM Project Manager accpgipanied with the following competed forms: o HMGP Project Final Narrative Form o HMGP (Final) Quarterly Report Form * HMGP Statement of Documentation Form HMGP (Final) Request for Funds Form DHS&EM will conduct final Inspections, and upon favorable review will make final payment. Final payment may also be conditioned upon a financial review, If determined necessary by DHS&EM. Adjustments to the final payment may be made following any audits conducted by the State of Alaska or the United States Inspector General. DHS&EM reserves the right to withhold disbursement of final payment to the Jurisdiction until the project has been completed and given final approval by DHS&EM. ■ Advance of Funds: See Subreciplent Handbook. Augus1201S • Administrative Allowance: The Jurisdiction Is eligible to receive direct administrative monies upon completion and closure of the project to the extent authorized by federal law, and subject to project funding as specified In the project budget as an approved line Item. Administrative costs refer to the costs of requesting, obtaining, and administering the hazard mitigation grant program. (D) Non -reimbursable Ex�e 1851 •Contracts, single vendor response to a competitive bid, and procurements over $100,000 not pre -approved by DHS&EM • Sole source contracts and procurements not pre -approved by DMS&EM • Supplanting • Expenditures not supported with appropriate documentation when submitted for reimbursement. Only properly documented expenditures will be processed for payment. Unsupported expenditures will be returned to the jurisdiction for resubmission • Expenditures for Items such as general -use software (word processing, spreadsheet, graphics, etc.), general -use computers and related equipment (other than for allowable M&A activities, or otherwise associated preparedness or response functions), general -use vehicles, licensing fees, weapons systems and ammunition (E) Progeny and Eagiument fiage n : The Jurisdiction shall maintain an effective property management system; safeguards to prevent loss, damage or theft; maintenance procedures to keep equipment In good condition; and disposition procedures. A Property Inventory Report can be requested from DHS&EM Project Manager and shall be submitted to DHS&EM annually each January 20 with the HMGP Project Quarterly Report during the performance period, and continued submission Is required annually until final disposition of the equipment. The Jurisdiction shall, when practical, prominently display the following on any equipment purchased with award funds: Purchased with funds provided by the U.S. Department of Homeland Security. No equipment purchased with these grant fund may be assigned to other entities or organizations without the expressed approval in writing from DHS&EM, prior to the Jurisdiction's encumbrance or expenditure for that equipment. Management of property and equipment shall be In accordance with State aws and procedures as outlined, and 44 CFR Part 13, sections 13.31 and 13,32. (F) Procurement: Procurement shall comply with local procurement policies and procedures, and conform to applicable State and Federal law and the standards Identified In the Procurement Standards Sections of 44 CFR Part 13, and 2 CFR 200 Subpart D Uniform Administrative Requirements for Grants and Cooperative Agreements with State and local Governments." Contractors that develop or draft speclflcatlons, requirements, Statements of Work (SOW), and/or Requests for Proposals (RFP) for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement. Local bidder's preference Is not allowed for federally funded procurements. Procurement transactions shall be conducted to provide maximum open and free competition. Each sole -source procurement, single vendor response to a competitive bid, and all purchases in excess of $100,000.00 require pre -approval of DHS&EM. (G)Contracts: Any contract entered Into during this grant period shall comply with local, State and federal government contracting regulations. To the extent that recipients of a grant use contractors, the subreciplent shall use small, minority, women -owned or disadvantaged business concerns and contractors to the extent practicable. Contracts for professional and consultant services must include local, State and federal government required contract language, a project budget, and require pre -approval by DHS&EM prior to Implementation, Contract deliverables must meet the Intent of the grant application and grant requirements. Jurisdiction is required for compensation for Individual consultant services, which must be reasonable and consistent with the amount paid for similar services In the market place. Detailed invoices and time and effort reports are required for consultants. (H)PublicaHons: Publications created with funding under this grant shall prominently contain the following statement: This document was prepared under a grant from the Federal Emergency Management Agency (FEMA)'s Grant Programs Directorate, U.S. Department of Homeland Security and the Alaska Division of Homeland Security and Emergency Management Points of view or opinions expressed In this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate, the U.S, Department of Homeland Security or the State of Alaska, (I) Audit Requirements: As the federal grant rpclplent, the State of Alaska requires a subreciplent expending $750,000 or more In federal funds in the organization's fiscal year to conduct an organization -wide audit In accordance with 2 CFR 200 Subpart E. The Jurisdiction will permit the State of Alaska project officials, program officials and auditors to have access to the subreciplent and third -party contractor's records and financial statements as necessary for the State of Alaska to comply with 2 CFR Part 200 Subpart F Audit Requirements. Copies of audit findings must be submitted to DHS&EM within 30 days after the Jurisdiction receives Its audit report, or within a 9 -month period of the grant closeout date, whichever is earlier, In accordance with 2 AAC 45.010. Include the Federal agency name, program, grant number, and year; the Catalog of Federal Domestic Assistance (CFDA) title and number; and the name of the pass-through agency. (J) RecordkeeRina Requirementst Grant financial and administrative records shall be maintained for a period of three (3) years following the date of the closure of the grant award, or audit If required. Time and effort, personnel and payroll records for all Individuals reimbursed under the award must be maintained. Property and equipment records shall be maintained for a period of three (3) years following the final disposition, replacement or transfer of the property and equipment. (K) : HMGP Project Quarterly Report shall demonstrate performance and progress relative to: 1. Acceptable performance on applicable critical tasks In Exercises using approved scenarios 2. Progress In achieving project timelines and milestones 3. Percent measurable progress toward completion of project 4. How funds have been expended during reporting period, and explains expenditures related to the project Arrgrrst 2!115 (L) Sub -recipient Monitoring IPo__lirv: Monitoring Is required to ensure that program goals, objectives, timelines, budgets and other related program criteria are being met. DHS&EM reserves the right to monitor, review and conduct analysis of the Jurlsdlction's flnanclal, programmatic and administrative policies and procedures such as, accounting for receipts and expenditures, cash management, maintaining adequate financial records, means of allocating and tracking costs, contracting and procurement policies and records, payroll records and means of allocating staff costs, property/equipment management system(s), progress of project activlties, etc. This may Include desk and field audits. Technical assistance Is available from DHS&EM staff. The Monitoring Policy is available at ht ://ready alaska gov/ rants/HM„GP. (M)Penalty for Non -Compliance= For the reasons listed below, special conditions may be Imposed, reimbursements may be partially or wholly withheld, the award may be wholly or partly suspended or terminated, or future awards, reimbursements and award modifications may be withheld. DHS&EM may institute the following, but is not limited to, withholding authority to proceed to the next phase of a project, requiring additional or more detailed financial reports, additional project monitoring, and/or establish additional prior approvals. DHS&EM shall notify the Jurisdiction of Its decision In writing stating the nature and the reason for Imposing the conditlons/restrictions, the corrective action required and timeline to remove them, and the method of requesting reconsideration of the Imposed conditlons/restrictions. The Jurisdiction must respond within five days of receipt of notlflcatlon. a. Unwillingness or Inability to attaln project goals b. Unwillingness or Inability to adhere to Special Conditions listed in Section 11 c. Failure or Inability to adhere to grant guidelines and federal compliance requirements d. Improper procedures regarding contracts and procurements e. Inability to submit reliable and/or timely reports f. Management systems which do not meet federal required management standards g. The Applicant must complete all work associated with the project. If the work Is not completed, the applicant will be required to return all State and Federal funding. (N) Termination for Cause: If performance is not occurring as agreed, the award may be reduced or terminated without compensation for reduction or termination costs. DHS&EM will provide five (5) days' notice to Jurisdiction stating the reasons for the action, steps taken to correct the problems, and the commencement date of the reduction or termination, DHS&EM will reimburse Jurisdiction only for acceptable work or deliverables, necessary and allowable costs Incurred through the date of reduction or termination. Final payment may be withheld at the discretion of DHS&EM until completion of a final DHS&EM review. Any equipment purchased under a terminated grant may revert to DHS&EM at the option of DHS&EM. (0)Termination for Convenience: Any project may be terminated upon convenience, in whole or In part, for the convenience of the Government. The U.S. Department of Homeland Security and the DHS&EM, by written notice, may terminate this grant, In whole or In part, when It is in the Government's Interest. Allowable costs obligated and/or Incurred through the date of termination shall be reimbursed, Any equipment purchased under a terminated grant may revert to DHS&EM at the option of DHS&EM. (A) The performance period for this grant award Is November 15, 2023 through November 3B, 2025. Monies may not be obligated outside of the time period as stated on the grant document. An obligation occurs when funds are encumbered, as with a purchase order and/or commitment of salaries and benefits. All obligated and encumbered funds must be liquidated within 45 days of the end of the performance period when the Final Performance Progress Reports are due, (B) The Jurisdiction shall comply with the requirements and restrictions of the Hazard Mitigation Grant Program Guidance, State Overview and Guidelines, State Preparedness Report, and the State Homeland Security Strategy, By signing this obligating award document, the Jurisdiction certifies It has read, understood, and accepted these documents as binding. (C) The signature of the signatory officials on this award attests to the Jurisdiction's understanding, acceptance, and compliance with Acknowledgement of Federal Funding; Lobbying; Debarment, Suspension and other responslbJllty matters; Drug-free Workplace; Conflict of Interest, and Non -Supplanting certifications. Federal funds will not be used to supplant state or local funds. Federal funds may be used to supplement existing funds to augment program activities, and not replace those funds which have been appropriated In the budget for the same purpose. Potential supplanting may be the subject of application and pre -award, post -award monitoring, and audit. Any cost allocable to a particular Federal award or cost objectives under the principles provided for In 2 CFR Part §200, subpart E, may not be charged to other Federal awards to overcome fund deficiencies. (D)The Jurisdiction shall ensure the accounting system used allows for separation of fund sources. These grant funds cannot be commingled with funds from other federal, state or local agencies, and each award Is accounted for separately. (E) The Jurisdiction shall comply with the requirements under 2 CFR 25.110, to maintain and keep the Jurisdiction Information current within the System of Award Management (SAM). Also the Jurisdiction is requirement to be non -delinquent to the Federal government as required In 2 CFR 180. (F) The Jurisdiction shall comply with Federal Laws and Regulations: Title VI of the Civil Rights Act of 1964, Title VIII of the C10 Rights Act of 1968, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Age October 2020 3. Are not presently Indicted for otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the offenses enumerated In paragraph (2) of this certification; and 4. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause of default. Where the applicant Is unable to certify to any of the statements In this certlflcation, he or she shall attach an explanation to this application. 5. Conflict of Interest 2 CFR Part 200.112 - the jurisdiction must disclose In writing to DHS&EM any potential conflict of Interest per the applicable Federal awarding agency policy In the award's performance period. 6. False Claims Act, Program Fraud Civil Remedies, and Mandatory Disclosures A. 31 U.S.C. §3729, no recipient of federal payments shall submit a false claim for payment. B. 38 U.S.C. §3801-3812, details the administrative remedies for false claims and statements made. C. 2 CFR Part 200.113 - the jurisdiction must disclose, In a timely manner and in writing to DHS&EM, all violations of Federal criminal law involving fraud, bribery, or gratuity potentially affecting the award. 7. Technology Requirements 28 CFR Part 23, Criminal Intelligence System Operating Policies 8. Duplication of Benefits 2 CFR Part 200, Subpart E, Cost Principles 9. Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. §5121- 5206, and Related Authorities, where applicable. 10. State Requirements Alaska State Procurement Code AS 36.30, AS36.30.005-.030 www.state.ak.usilocpllp6paaesIADMIN/das/docs/­as3630.doc Alaska Administrative Code Title 2 Chapter 12, 2 AAC 12.74. httQ://www.legls.staLg.pk.Us/ccil-bin/foliolsa.dfl/aac Alaska Administrative Manual http:lldoa.alaska.ciov/dofimariu&-dslaam/index.htm We certify we have read, understood, and accept the Grant Terms and Conditions, the Grant Requirements, and Assurances and Agreements, and Spacial Conditions in accordance with this Award, /16%i4. f LA i7 Project Manager's Signature Chief Financia/ Officer's Signature F r JAI th W'A&'j$— S7g-nh1brj Official Aimee Williams Borough Manager odoagr 2020 Discrimination Act of 1975, Americans with Disabilities Act of 1990. Per Executive Order 13166, The Jurisdiction will take reasonable steps to ensure Limited English Proficient (LEP) persons have meaningful access to Its programs and activities. Executive Order 13347Indlviduals with DIsabl/ltles in Emergency Preparedness requires government to support safety and security for Individuals with disabilities in situations Involving disasters, Including earthquakes, tornadoes, fires, floods, hurricanes, and acts of terrorism. Executive Order 13224 prohibits transactions with and support to organizations associated with terrorism. Energy Policy and Conservation Act, National Environmental Policy Act (NEPA) of 1969 and the Coastal Wetlands Planning, Protection, and Restoration Act of 1990 (as applicable.) The USA PATRIOT Act of 2001, Trafficking Victims Protection Act of 2000, Hotel and Motel Fire Safety Act of 1990, Fly America Act of 1974, subrecipients who collect Personally Identifiable Information (PII) are required to have a publlcally-avallabie privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PIT corrected where appropriate, (G) The Jurisdiction certlfles that It has an Afflrmative Action Plan/Equal Employment Opportunity Plan. An EEOP Is not required for recipients of less than $25,000.00 or fewer than 50 employees, (H) The Jurisdiction certifies that Its employees are eligible to work In the U.S. as verified by Form I-9, Immigration and Naturalization Service Employment Eligibility. (I) It Is the responsibility of the Jurisdiction as the subrecipient of these federal and state funds to fully understand and comply with the requirements of: 1. Administrative requirements 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards http://www ecfr aov/cul-bin/text-ldx?tpl=/ecfrbrowseMtleO2/2cfr200 main Qa,tpl 2. Cost Principles 2 CFR Part 200 Subpart E Cost Principles htto: //www. ecfr. aov/cal- bin/retrieveECFR?ansa&SID=a470d16f3403a725479f2a8a6c7c4058 n = pt2 t 2nnu&rWRRA ty HTML#sn2 1 2nn o 3. Audit Requirements 2 CFR Part 200 Subpart F Audit Requirements http: //www.ecfr.aav/cal- bin/retrieveECFR?ao-&SID=a470d16f3403a225479f2a8af-CZ 4058&n, nt2 1 U01kr-PART&ty HTML#sn2 t 2nn f A. Federal: The applicant agrees that, as a condition of receiving any federal financial assistance, a Single audit of those federal funds will be performed, If required by law, and further agrees It will comply with all applicable audit requirements. B. State: If the applicant Is an entity that received state financial assistance the applicant shall submit to the State coordinating agency, within one year after the end of the audit period, an annual audit report covering the audit period as required by 2 AAC 45.010. C. Subreciplents Identified as "non-compilant" by the Alaska Dept, of Administration, Division of Finance, Single Audit Coordinator shall be subject to the following grant payment restrictions: 1. The Division of Homeland Security & Emergency Management (DHS(kEM) will not process grant payments of any nature directly to the subrecipient. 2. Subreciplents will be required to fully comply with the Single Audit requirements as specified by the Alaska Dept. of Administration, Division of Finance, Single Audit Coordinator. 3. Subreciplents will provide compliance evidence to DHS&EM from the state audit coordinator before any payment will be processed. 4. DHS&EM may process On -Behalf -Of (OBO) payments to vendors for costs directly associated to the scope of work on approved awards. S. Performance perlods will not be extended due to a subrecipients failure to comply with Single Audit requirement. 6. Payments made In error to subrecipients that are "non-compliant" must be repaid to the State of Alaska within 90 days of receipt of notice from DHS&EM. 4. Procurement and Contracts. Contracts must be of a reasonable cost, generally be competitively bid, and must comply with Federal, State, and local procurement standards. Detailed requirements for eligible procurement methods and contract types can be found In 2 CFR Part 200 Subpart D. The applicant agrees to review and follow procurement and contract requirements necessary for compliance with the grant program. Further, the applicant understands that failure to comply with these requirements may result of loss of funding for the entire project. A. Debarred/Suspended Vendors. As required by Executive Orders 12549 and 12689, Debarment and Suspension, and Implemented at 2 CFR Part 180, the applicant certifies that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared Ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding this award been convicted of a or had a civilian judgment rendered against them for commission of fraud or a criminal offense In connection with obtaining, attempting to obtain, or perform a public a public (Federal ,State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsiflcatlon or destruction of records, making false statements, or receiving stolen property; Oc(ober 2020 THE STATE °fALASKA GOVERNOR MIKE DUNLEAVY February 2, 2024 Aimee Williams, Chief Operating Officer Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Department of Military and Veterans' Affairs Division of Homeland Security and Emergency Management RE: Obligating Award Document 4585 - DR -0005R -AK, 2020 South East Severe Storm, Flooding, Landslide, Mudslide Kodiak Island Borough Advanced Assistance Hydrology Study Ms. Williams: Enclosed is the Division Hazard Mitigation Grant Program (HMGP) Obligating Award Document (OAD) for the Kodiak Advanced Assistance Hydrology Study. P.O. Box 5750 JEER, AK 99505-0750 Main: 907.428.7000 Fax: 907.428.7009 ready.alaska.gov The total award amount for this project is $99,540.00. You will find the terms of the grant and procedures in the HMGP OAD and the Division of Homeland Security and Emergency Management (DHS&EM) Subrecipient Handbook on our website: ready.alaska.gov. A copy of the OAD is enclosed. Please return the award document to our office after signing the first and last page. To speed up the process, please email a signed copy to your State contact and the Division Representative below. If you have any questions please contact Kim Barenburg, your assigned Division Representative, at (907) 428-7045 or by email at mvamitigation@alaska.gov. Sincerely, William A. Dennis Alternate Governor's Authorized Representative Enclosure(s): (1) DHS&EM HMGP Obligating Award Document (1) FEMA Award Package A. Award Letter B. Obligation Report C. Environmental Report U.S. Department of IIorncland Security FEMA Region 10 130 —228' Street, SW Bothell, Washington 98021-8627 ¢�4fi FEMA 0�J Nos November 15, 2023 Bryan Fisher, Director Alaska Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management P.O. Box 5750 JBER, AK, 95505 RE: hazard Mitigation Grant Program (HMGP) for DR -4585 -AK Approval of Advance Assistance for 4585-05-R Kodiak Island Borough Hydrology Study Dear Mr. Fisher, Federal Emergency Management Agency (FEMA) Region 1.0 has approved and obligated funding for the following project submitted under the Hazard Mitigation Grant Program for DR -4585 -AK: Kodiak Island Borough Hydrology Study. This advance assistance project will benefit the Kodiak Island Borough by developing a robust hydrology study investigating and evaluating a range of flood mitigation options for flood -prone areas along Sargant Creels and Russian Creek. For some identified options, evaluation will include conducting hydraulic modeling and benefit -cost analysis. Total Project Cast: Federal share (90%): Non -Federal match Management Costs (10%): $99,540.00 $89,586,00 $9,954.00 $4,975.00 FEMA approved the project and obligated funds on November 15, 2023; paperwork is enclosed. The Period of Performance for DR -4585 ends on August 15, 2025. Please note that FEMA does not specify a subaward Period of Performance. Once the subrecipient notifies the State that the project is completed, please submit project closeout documentation to Region 10 within 90 days, This project is in compliance with the National Environmental Policy Act. A copy of the Record of Environmental Consideration, approved by FEMA on February 16, 2023, is enclosed. This approval is subject to the standard Hazard Mitigation Grant Program administrative provisions (enclosed), the conditions of the Record of Environmental Consideration (enclosed) and the following Programmatic and Environmental conditions: • The identified hazard mitigation activities will not affect natural resources or the human environment. www.femft.gov Mr. Fisher November 15, 2023 Page 2 • Award subrecipients may not use the funds from this award to implement actions not identified in the project's approved scope of work. • The result of the advance assistance -related activity developed through this grant must be consistent with the requirements in Hazard Mitigation Assistance Guidance (20 15) Part II, Section K, and Part VIII, Section A.12. For further assistance, please contact the Region 10 Hazard Mitigation Grant Program at fema-rl0- mit-hmgp@a f`ma.dbs,gov. Sincerely, MARK W WE1WAfgnedbyMARK RT STEWART -0800 023.11.1515:27,21 Mark Stewart, Alaska/Idaho IIMGP Section Chief Mitigation Division Enclosures: cc: Garrett Brooks, State Hazard Mitigation Officer Stacey Norman, Disaster Grants Branch Chief, GPD Mary DeBacker, Mitigation Disaster Operations Branch Chief KF:ms Mr. Fisher November 15, 2023 Page 3 Standard Administrative Provisionsfor Hazard Mitigation Grant Program (HMGP) FEMA Region 10 — updated September 8, 2021 • The recipient agrees that all use of funds under this subaward will be in accordance with the Hazard Mitigation Assistance Unified Guidance in effect at the time of the Disaster Declaration, relevant HMGP guidance and policy memos and directives, as well as the HMGP in Code of Federal Regulations (CFR) Title 44 Part 206 Subpart N. • The recipient may receive payment in advance using the United States (U.S) Department of I-lealth and Human Services Payment Management System formerly known as SmartLink. The recipient may advance portions of the approved Federal share to the Subrecipient provided the recipients maintain procedures to minimize the time elapsing between the transfer of funds from the U.S. Treasury and their disbursement to the 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. • The recipient shall follow regulations found in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and the FEMA/State/Tribe Agreement in effect for the subject Disaster Declaration. • The Federal Funding Accountability and Transparency Act 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. • The recipient must obtain prior approval from Region 10 before implementing changes to the approved project Scope of Work. FEMA must approve, in advance, a change in the Scope of Work regardless of the budget implications. 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. The recipient must fully document cost overrun requests; the project must remain cost-effective, and funds must be available within the I-r.MGP ceiling for said disaster. • The recipient must notify their assigned Regional Hazard Mitigation Assistance Specialist as soon as significant developments become known, such as delays or adverse conditions, that might raise costs or delay completion, or favorable conditions allowing earlier completion or substantially lower cost (for reallocation of funding). • The recipient shall submit the Federal Financial Report (SF -425) to Region 10 Grant Programs Division within 30 days of the end of the first Federal quarter following the Award Letter. The recipient shall submit quarterly Federal Financial Reports thereafter until the grant ends. Reports are due on January 30, April 30, July 30, and October 30. The recipient must submit a report 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 withholdings may occur if these reports are delinquent. • The recipient shall submit Quarterly Performance Reports in Excel format to the Regional Hazard Mitigation Assistant Specialist within 30 days of the end of each quarter. The Recipient shall submit Quarterly Performance Reports thereafter until the grant ends. Reports are due on Mr. Fisher November 15, 2023 Page 4 January 30, April 30, July 30, and October 30. Quarterly Performance Reports shall report the name, completion status, quarterly expenditures, and payment -to -date of each approved activity/subaward award under the Grant Award. • Unless otherwise approved by Region 10, the recipient must submit a closeout package with all financial, performance, and other reports and required documentation within 180 days after Subrecipient's notice of completion of the project, or expiration or termination of the project/sub-grant. The recipient must submit closeout documentation within the quarter following payment of the final reimbursement to the Subrecipient. • For closeout of this project, the Governor's Authorized Representative or Tribal Authorized Representative shall send a letter of request to the Region 10 Mitigation Division Director, to close the project programmatically and financially. The letter will include the following: 1. the date work on the project was fully completed, or for planning subawards, the date and copy of FEMA approval of the new or updated plan, 2. the date and a copy of the recipient's final site inspection for the project, 3. the final total project cast and Federal share, any cost underrun, or overrun, including a Final Cost Line Item budget, to enable any closeout deobligatlon or obligation of additional funds in National Emergency Management Information System, 4. certification that reported costs were incurred in the performance of eligible work, and that the approved work was completed, or if not, an explanation as to the final status of the project and why the project was not completed, 5. confirmation that the mitigation measure is in compliance with the provisions of the FEMA/State Agreement and this approval letter, 6. a memo from the Subrgcipient addressing how each required environmental and special programmatic condition was met (including attachment of any required documentation such as any permits required to implement the project), 7. submittal of all required documentation relative to the specific project type, e.g. acquisition/demolition, or elevation, including all necessary data to close the project in the Property Site Inventory in FENIA's Hazard Mitigation Assistance grant systems. • By acceptance of this subaward the recipient and Subrecipient agree to abide by all laws and regulations required under the HMGP as outlined in 44 CFR 206.432 —.440,44 CFR 80, 44 CFR 201, the Grants Management requirements contained in 2 CFR 200, and all applicable Federal, State, Tribal, or Local laws. 11/16/2023 FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-OB-01 2:32 PM HAZARD MITIGATION GRANT PROGRAM Obligation Disaster FEMA Amendment State Action Supplemental No Project No No Application ID No No State Recipient 4585 6 •R 0 6 1 0 AK Statewide Subreciplent: Kodiak Island (Borough) Project T'tle ; Kodiak Is.Borough Adv. Assistance H&H (KIB) Subreclpient FIPS Code: 150-99150 Total Amount Total Amount Total Amount Total Amount Available Previously Allocated Previously Obligated Pending Obligation for New Obligation $89,588,00 $89,586.00 $0.00 -.--- $0,00 __---�- -- -- -'J Subroolplent Management Project Amount Cost Amount Total Obligation IFMIS Date IFMiSStatus FY $4,975.0 $94,661.0 11/15/2023 Accept 2024 Comments Date: 11/15/2023 User Id: MSTEWA10 Comment: DR -4585 -AK is a 90 % federal / 10 % non-federal cost share HMGP; management costs are 100% federal Date: 11/14/2023 User Id: EFIERTZ Comment: DR -4585 -AK -05 -AA, Kodiak Island Borough, Advanced Assistance, H&H Study, Total Project Cost $99,640, fed share 90°x6 or $89,5 plus management costs of $4,975 for total Federal Obligation of $94,561 Authorizatlon Preparer Name: ELIZABETH FIERTZ Preparation Date: 11/16/2023 HMO Authorization Name: MARK STEWART HMO Authorization Date: 11/16/2023 Page 11 of 1 02/18/2023 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 19:16:31 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-4585-0005-AK (R)(AA)(1) Title: Advance Assistance - Kodiak Island Borough Hydrology Study NEPA DETERMINATION Non Compliant Flag: No EA Draft Date: EA Final Date: EA Public Notice Date: EA Fonsl level: CATEX EIS Notice of Intent EIS ROD Date: Comment Kodiak Island Borough. Kodiak Island Borough, AK. This proposed Advanced Ass'stance grant project Is to conduct a hydrolog cal study on Sargent Creek (57.709272, -152.608802) and Russian Creek (57.706349, -152.671434). Various Information gathering, data analysis, Information review, and dissemination actions w'II be performed. The final deliverables will Include a report to summarize Investigat'ons and flood mitigation recommendations. Further evaluation and project review will be required should this study result In additlona grant applications that are selected for funding in subsequent grant rounds or as follow-on projects from this Advanced Assistance work. This review Is for project planning and studies on'y, no construction is approved, - jwitt - 02116/202318:03:06 GMT CATEX CATEGORIES Catex Category Code Description Selected s4 (a4) Information gathering, data analysis and processing, Information Yes d ssemineflon, review, interpretaflon, and development of documents. If any of these activities result In proposals for further action, those proposals must be covered by an appropriate CATEX. Examples Include but are not limited to: (a) Document mailings, publication and distribution, training and Information programs, historical and cultural demonstrations, and public affairs act ons. (b) Studies, reports, proposals, analyses, literature reviews; computer modeling; and non -Intrusive Intelligence gathering activities. d7 (0) The commitment of resources, personnel, and funding to conduct audits, Yes surveya, and data collection of a minimally Intrusive nature. If any of these commitments result In proposals for further action, those proposals must be covered by an appropriate CATEX. Examples Include, but are not limited to: (a) Activities designed to support the Improvement or upgrade management of natural resources, such as surveys for threatened and endangered species, wildlife and wildlife habitat, historic properties, and archeological altos; welland delineptlons; timber stand examination; minimal water, air, waste, material and soil sampling; audits, photography, and Interpretation. (b) Mlnlmallylntrusive geological, geophysical, and geo-technical activities, including mapping and engineering surveys. (c) Conducting Facility Audits, Environmental Site Assessments and Environmental Baseline Surveys, and (d) Vu nerabflity, risk, and structural Integrity assessments of Infrastructure. EXTRAORDINARY Extraordinary Circumstance Code ENVIRONMENTAL LAW / EXECUTIVE ORDER Description No Extraordinary Circumstances were selected Selected 7 NOTE: All times are GMT using a 24-hour dock. Page 1 of 4 02/16/2023 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 19:15:31 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-4585-0005•AK (R)(AA)(1) Title: Advance Assistance • Kodiak Island Borough Hydro ogy Study Environmental Law/ Executive Order Status Description Comment Clean Air Act (CAA) Completed Project will not result In permanent air emissions - Review concluded Clean Water Act (CWA) Completed Project would not affect any water of the U.S. No Impacts to Waters of the US (WOUS) are - Review concluded anticipated during the proposed Information gathering, data analysis, or Information review and dissemination actions. Should Kodiak Island Borough apply for and receive funding for future projects associated with this Advanced Assistance grant; those future proposed actions wfll require further review coordination with appropriate permitting agencies. - Jwitt - 02/181202318:06:02 GMT Executive Order 11968 - Completed No effect on floodplain/flood levels and No Impacts to floodplain are anticipated during Floodplains project outside floodplain - Review concluded the Information gathering, data analysis, or Information review and dissemination actions. Should Kodiak Island Borough apply for and be selected for funding for future projects associated with this Advanced Assistance grant; those actions will require further evaluation for flood hazard or floodplain Impacts. - Jwitt - 02116/202318:10:33 GMT Executive Order 11990 - Completed No effects on wet'ands and project outside No Impacts to wetlands are anticipated during Wetlands wetlands - Review concluded the Information gathering, data analysis, or Information review and dissemination actions. Should Kodiak Island Borough apply for and be selected for funding for future projects associated with this Advanced Assistance grant; those actigns will require further evaluation to determine wetland Impacts and perm tting needs. Per review of the USFWS Nations Wetlands Inventory (NWI) mapper, accessed 02/15/2023, It Is likely any future projects will overlap with wetlands. - Jwitt - 02/10/2023 18:13:18 l9MT Executive Order 12898 - Comp eted Environmental Justice for Low Income and Minority Populations Completed Low Income or minority population in or near project area No disproportionately h gh and adverse Impact on low Income or minority population - Revlew concluded Kodlak Island Borough and surrounding area has minority and low Income populations. Planned Improvements to the community are expected to benefit all residents. Should Kodiak Island Borough apply for and be selected for funding for future projects associated with this Advanced Assistance grant; those actions may require additional evaluation to determine minority and low Income population Impacts. - Jwitt - 02/16/2023 18:14:19 GMT NOTE: All times are GMT using a 24-hour clock. Page 2 of 4 0211612023 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 19:15:31 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-4585-0005-AK (R)(AA)(1) Title: Advance Assistance - Kodiak Island Borough Hydrology Study Environmental Law/ Executive Order Status Description Endangered Species Act (ESA) Completed No I'sted species and/or designated critical habitat present in areas affected directly or Indirectly by the federal action - Review concluded Farmland Protection Policy Act Completed Project does not affect designated prime or (FPPA) unique farmland - Review concluded Migratory Bird Treaty Act (MBTA) Completed Project located within a flyway zone Magnuson -Stevens Fishery Conservation and Management Act (MSA) Completed Completed National Historic Preservation Act Completed (NHPA) Project does not have potent'a to take migratory birds - Review coicluded Project not located In or near Essential Fish Habitat - Review concluded Not type of activity with potentia to affect historic properties - Review conc;uded</br> Wild and Scenic Rivers Act Completed Project Is not along and does not affect Wild (WSR) and Seen c River - Rev ow concluded Comment No Impacts to ESA-Ilsled species are anticipated during the proposed Information gathering, data analyse, or Information review and dissemination actions. Should Kodiak Island Borough apply for and be selected for funding for future projects associated with this Advanced Assistance; those future proposed actions will need further review to determine Impacts to ESA -listed spaoles, - Iwitt - 021161202318:05:22 GMT No Impacts to migratory birds are anticipated during the proposed information gathering, data analysis, or Information rev'ew and dlesominalon actions. Should Kodiak Island Borough apply for and be selected for funding for future projects associated with this Advanced Ase stance grant; those future proposed actions will require further review to determine Impacts to m:gratory birds. - jwitt - 02/16/202318:08:67 OMT No Impacts to EFH are anticipated during the proposed Information gathering, data analysis, or Information review and dissemination actions. Should Kodiak Island Borough apply for and be se acted for funding for future projects associated with this project scoping; those future proposed actions will need further review to determine Impacts to EFH. - jwitt - 02/16/2023 18:09:14 GMT Thls Advanced Assistance grant has no potential to affect undertakings per Appendix C.7. of the PA. No Impacts to cultural resource are anticipated during the proposed Information gathering, data analysis, or Information review and dissemination actions. Should Kodiak Island Borough apply for and be selected for funding for future projects associated with this Advanced Assistance grant; those future proposed actions w ll require further review to determine Impacts to cultural resources. - jwitt - 02/16/2023 18:04:58 GMT NOTE; Al t-mes are GMT using a 24-hour clock. Page 3 of 4 02118/2023 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 19:15:31 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) Project HMGP-4586.0005-AK (RXAA)(1) Title: Advance Assistance • Kodiak Island Borough Hydro,ogy Study CONDITIONS Standard Conditlonat Any change to the approved scope of work will require re-eva uation for compliance with NEPA and other Laws and Executive Orders. This 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 obtaln all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potent al archeological resources are discovered, will Immediately cease construction In that area and notify the Slate and FEMA. NOTE: A I times are GMT using a 24-hour clock. Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2024-20 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ACCEPTING A GRANT FROM THE ALASKA DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT UNDER THE HAZARD MITIGATION GRANT PROGRAM (HMGP) WHEREAS, the Kodiak Island Borough applied for a grant from the Alaska Division of Homeland Security & Emergency Management (DHS&EM) for the purpose of conducting an advanced assistance hydrology study for flood -prone areas along Sargent Creek and Russian Creek; and WHEREAS, DHS&EM has approved a grant in the amount of $99,540 based on the submitted grant application, which will provide assistance necessary to investigate and evaluate a range of flood mitigation options for flood -prone areas along Sargent Creek and Russian Creek (including potential hydraulic modeling and benefit -cost analyses); and WHEREAS, acceptance of this award is necessary to utilize the funds to pay for the hydrology study and associated project requirements. NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Borough Manager is hereby authorized to accept the DHS&EM grant funds in the amount of $99,540 and to administer those funds to initiate and complete the hydrology study as described in the approved grant application. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FOURTH DAY OF APRIL, 2024 KODIAK ISLAND BOROUGH Scott Amdt, Mayor ATTEST: Nova M. Javier, MMC Borough Clerk VOTES: Ayes: Sharratt, Smiley, Turner, Whiteside, Ames, Griffin, and LeDoux Noes: None Resolution No. FY2024-20 Page 1 of 1