U.S. Department of Homeland Security
Region 9
1111 Broadway, Suite 1200
Oakland, California 94607
www.fema.gov
June 28, 2022
Ryan Buras, Deputy Director
Governor’s Authorized Representative
California Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, California 95655
Reference: Amendment Approval, HMGP DR-4344-284-091R
City of Napa, California
Bury Milliken Raw Water Pipeline Project, Phase 1
Dear Ryan Buras:
This is in response to your letter on March 15, 2022, requesting additional Hazard Mitigation Grant Program (HMGP) funds for the City of Napa, HMGP DR-4344-284-091R, Bury Milliken Raw Water Pipeline Project. You indicate additional funds are necessary to complete designs and Phase 1 deliverables.
We approve and issue additional funds. The total Federal share increased from $161,250.00 to $618,825.00, and the total project cost is now $825,100.00. As shown in the enclosed Obligation Report - Supplement 313, we are obligating $457,575.00 for the 75 percent Federal share; the 25 percent non-Federal share is $152,525.00. These funds are available in SmartLink for immediate and eligible disbursements.
The following is a summary of the approved funding and award conditions:
Approvals: Federal Share: Non-Federal Share: Total Project Cost:
Supplement 57 $161,250.00 $ 53,750.00 $215,000.00
Additional Funding,
Supplement 313
$457,575.00 $152,525.00 $610,100.00
TOTALS $618,825.00 $206,275.00 $825,100.00
1. Scope of Work (SOW) – This grant will fund the undergrounding of 6,500 linear feet of pipeline from the Milliken Diversion Dam to the Milliken Water Treatment Plant. Phase 1 will consist of complete design development and construction documentation.
2. Project Completion Date – The completion date remains March 7, 2023. Please inform the subrecipient that work completed after this date is not eligible for federal funding, and federal Ryan Buras
June 28, 2022
funds may be de-obligated for work not completed within schedule for which there is no approved time extension.
3. Record of Environmental Consideration (REC) – Phase One 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 DHS Instruction 023-01-001-01, Revision 1. Due to the limited ground disturbance proposed within existing disturbed and developed areas for geotechnical borings, Phase 1 of the project has been determined to be Categorically Excluded through the application of Categorical Exclusion A7 (minimally intrusive geological, geophysical, and geotechnical activities, including mapping and engineering surveys) and A4 (information gathering, data analysis and processing). Failure to comply with these conditions may jeopardize federal assistance including funding.
4. 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.
If you have any questions, please contact Thomas Berry, Sr. Grants Management Specialist, by email at [email protected], or phone at (202) 899-0530.
Sincerely,
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Enclosures (2):
Obligation Report – Supplement 313
Standard Mitigation Grant (HMGP) Conditions
cc: Jennifer Hogan, State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Jacy Hyde, Ph.D., Branch Chief, California Governor’s Office of Emergency Services Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9 Obligation
HAZARD MITIGATION GRANT PROGRAM
FEDERAL EMERGENCY MANAGEMENT AGENCY HMGP-OB-01
State Recipient
Disaster
No
Supplemental
No
Action
No
State
Application ID
Amendment
No
FEMA
Project No
4344 - 1 284 2 313 CA Statewide
Project Title : Napa, City of, Bury Milliken Raw Water PipelineNapaSubrecipient:
Subrecipient FIPS Code: 055-50258
91 R
9:22 AM
6/14/2022
FY
Subrecipient Management
Cost AmountProject Amount Total Obligation IFMIS Date IFMIS Status $0.00$457,575.00 2022$457,575.00 05/25/2022 Accept
Comments
Comment: Approved funding for 4344-284-91R-Napa County-City of Napa-Bury Milliken Raw Water Pipeline-$457,575.00 User Id:Date: 05/25/2022 SSCOTT39
STEVEN SCOTT
THOMAS BERRY
Authorization
Preparer Name:
HMO Authorization Name:
Preparation Date: 05/25/2022
HMO Authorization Date: 05/25/2022
Total Amount
Previously Allocated
Total Amount
Previously Obligated
Total Amount
Pending Obligation
Total Amount Available
for New Obligation
$0.00$0.00$618,825.00$618,825.00
1 Standard Mitigation Grant Program (HMGP) Conditions
FEMA Region IX, August, 2018
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 Recipient/Subrecipient 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 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 200.302.
3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA.
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 200.311.
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 200.333, financial/ 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 costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA.
2 13. Non-Federal Audit. The Recipient and Subrecipient 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 180. 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 programs 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 funding 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).
18. 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.