U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
Oakland, CA 94607
www.fema.gov
April 11, 2024
Nancy Ward, Director
California Governor’s Authorized Representative
California Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, California 95655
Reference: Application Approval, HMGP DR-4683-962-11P
City of Orange
City of Orange LHMP Update
FIPS Code:059-53980, Supplement 20
Dear Nancy Ward:
We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the City of Orange (Sub- Recipient) HMGP DR-4683-962-11P, City of Orange LHMP Update.
The total project cost is $199,999.00. As shown in the enclosed Obligation Report - Supplement 20, we are obligating $149,999.25 for the 75 percent Federal share; the 25 percent non-Federal share is $49,999.75. We are obligating $9,991.50 for the 100% Federal share Subrecipient Management Costs.
These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding:
Approvals: Federal Share: Non-Federal Share: Total Project Cost:
Supplement 20 $149,999.25 $49,999.75 $199,999.00
Management Costs $9,991.50 $0.00 $9,991.50
This HMGP project approval and obligation of funds are subject to the following conditions:
1. Scope of Work (SOW) – The City of Orange will develop and adopt a FEMA approved Hazard Mitigation Plan to meet the requirements outlined in 44 CFR Part 201 and the most current FEMA hazard mitigation plan guidance.
2. Project Completion Date – The work schedule included with the project application indicates that the project will take 36 months to complete; therefore, the project completion date is April 5, 2027. Please inform the sub-recipient that work completed after the disaster period of performance (POP) is not eligible for federal funding, and that federal funds may be de -obligated for work completed outside the POP when there is no approved time extension.
Nancy Ward
April 11, 2024
3. Project Closeout – Within 120 days of project completion, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA. Please note th e project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout.
4. Record of Environmental Consideration (REC) – In compliance with the National Environmental Policy Act (NEPA), this undertaking is cat egorically excluded (CE) from the need to prepare either an environmental assessment or environmental impact statement.
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.
If you have any questions, please contact Andrea Harvey, Grants Management Specialist, by email [email protected], or phone (202) 430-4878.
Sincerely,
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Enclosures (2):
Obligation Report – Supplement 20
Standard Mitigation Grant (HMGP) Conditions
cc: Ron Miller, Acting State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Robyn Fennig, Acting State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Joseph Purvis, Division 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
4683 - 0 962 1 20 CA Statewide
Project Title : 7% City of Orange Local Hazard Mitigation Plan UpdateOrangeSubrecipient:
Subrecipient FIPS Code: 059-53980
11 P
10:31 AM
3/26/2024
FY
Subrecipient Management
Cost AmountProject Amount Total Obligation IFMIS Date IFMIS Status $9,991.50$149,999.25 2024$159,990.75 03/25/2024 Accept
Comments
Comment: 4683-962-11P-7%, City of Orange Local HM Plan Update,-$149,999.25 Federal Share/ $9,991.50 Sub Recipient Management Costs User Id:Date: 03/25/2024 SSCOTT39
STEVEN SCOTT
LAURA KOON
Authorization
Preparer Name:
HMO Authorization Name:
Preparation Date: 03/25/2024
HMO Authorization Date: 03/25/2024
Total Amount
Previously Allocated
Total Amount
Previously Obligated
Total Amount
Pending Obligation
Total Amount Available
for New Obligation
$0.00$0.00$149,999.25$149,999.25
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.