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R-1233 - 02/12/2013 - FEMA - ResolutionsRESOLUTION 2013 - FEMA- GR- AG -EX -R -1233 A RESOLUTION APPROVING A GRANT AGREEMENT BY AND BETWEEN THE VILLAGE AND THE ILLINOIS EMERGENCY MANAGEMENT AGENCY TO ENABLE THE PURCHASE OF THE PROPERTY AT 615 22ntl STREET WHEREAS, over the past 30 years, the property located at 615 22 n Street ( "Property') has regularly suffered severe flooding from Salt Creek; and WHEREAS, certain flooding events have caused damage to the Property in excess of 50- percent of the Property's appraised value; and WHEREAS, remedial measures, such as the construction of a berm, have failed to protect the Property from flooding; and WHEREAS, the Federal Emergency Management Agency ( "Agency ") administers a program through which FEMA provides grants to municipalities to enable municipalities to purchase properties that suffer from severe flooding in order to convert those properties into flood plains ( "Grant's; and and WHEREAS, the Village of Oak Brook ( "Vfllage'� applied for a Grant to purchase the Property; WHEREAS, the Grant will cover 75 percent of the purchase price of the Property; and WHEREAS, the Illinois Emergency Management Agency ( "IEMA ") administers Grants in Illinois for FEMA; and WHEREAS, in order to receive the Grant to purchase the Property, the Village must enter into an agreement with IEMA to govern the use of the Grant funds and to ensure that the Village properly funds its portion of the purchase of the Property, which agreement is attached hereto as Exhibit A ( "Agreement's; and WHEREAS, the President and Board of Trustees, being fully advised in the premises, have determined that it is in the best interests of the Village and its residents to approve the Agreement; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this Resolution as the findings of the Village President and Board of Trustees. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and IEMA in a final form acceptable to the Village Manager and the Village Attorney. Section 3: Authorization and Execution of the Agreement. The Village President and Village Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village after review and approval of the final form of the Agreement by the Village Manager and the Village Attorney. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2013 - FEMA- GR- AG -EX -R -1233 Grant Agmt. with FEMA for Purchase of 615 Hunter Page 2 of 3 APPROVED THIS 12th day of February, 2013 Gopal G. Lalmalani Village President PASSED THIS 12" day of February, 2013 Ayes: Trustees Aktpis, Manzo, Moy, Wolin, Yusuf and Zannis None None ATTE�� /�F^'�7 Charlotte K. Pruss Village Clerk AENU Illinois Emergency Management Agency Jonathon E. Monken, Director ILLINOIS EMERGENCY MANAGEMENT AGENCY STATE -LOCAL HAZARD MITIGATION GRANT PROGRAM (HMGP) ASSISTANCE AGREEMENT (FEMA -DR- 1935 -IL) Fiscal Years 2010 - 2015 (August 19, 2010 —December 31, 2014) This Grant Agreement between the Illinois Emergency Management Agency (the IEMA/Grantee) and the Village of Oak Brook (the Subgrantee), Federal Taxpayer Identification Number 36- 6009534 shall be effective on the date signed by the IEMA. It shall apply to all Hazard Mitigation Grant Program (HMGP) assistance provided by the Federal Emergency Management Agency (FEMA) through the IEMA to the Subgrantee as a result of the presidentially declared disaster occurring within the State of Illinois (FEMA -DR- 1935 -IL). FEMA designated eligible pre -award costs (appraisals) incurred prior to the full execution of this contract are eligible for reimbursement. Be it resolved by the Subgrantee, that the individual named below David Niemeyer'.City Manager has the legal authority and is hereby authorized to execute documents for and in behalf of the Subgrantee, an eligible jurisdiction as determined by the Federal Emergency Management Agency. The purpose of this designation is so that the individual whose name appears above will be the authorized representative for obtaining Federal or State Hazard Mitigation Grant Program funds. The Subgrantee hereby assures and certifies that the project will comply with the State of Illinois and the Federal Emergency Management Agency regulations. Also, the Subgrantee gives assurance and certifies under oath that all information in the grant agreement is true and correct to the best of the Subgrantee's knowledge, information, and belief; that the funds shall be used only for the purposes described in the Agreement; with respect to and as a condition for the grant that the following provisions will be adhered to: FINANCIAL INFORMATION AND REQUIREMENTS This Grant Agreement in the amount of $1,178,291 will serve as the contract between the IEMA and the Subgrantee for the purpose of acquiring structures from property owners who voluntarily participate in the buyout project. The project consists of one structure in the Village of Oak Brook located at 615 West 22" d Street. a. Total estimated cost of acquisition is $1,571,055 Total IEMA share is $1,178,291. This figure includes the cost of property acquisition, appraisal, title /legal fees, demolition, and management costs. 2. The Subgrantee will provide all necessary financial and managerial resources to meet the [,lc:cm�`ried . 1035 Outer Park Drive • Springfield, Illinois 62704 -.t462 • Telephone: (217)785 -9900 yr iema.illinois.gov • Printed by the Authority of the State of Illinois on Recycled Paper • w .ready.illinois.gov terms and conditions of receiving HMGP funds. 3. The Subgrantee is aware that the HMGP requires cost- sharing on the basis of not more than 75 percent Federal and at least 25 percent non - Federal contributions and that the Subgrantee may be required to provide and/or secure the full non - Federal share for mitigation activities. 4. The HMGP funds requested for this project shall not and wiII not duplicate benefits received for the same loss from any other funds. S. This Grant Agreement may be amended by the Grantee as required because of: changes in State laws or regulations; an extension in the term; an increase in the amount; and/or any other provision requiring a modification. 6. The Subgrantee may send a written request for a portion of the total contract amount shown in Item 1 upon the following conditions: a) this Grant Agreement is signed by the Subgrantee and the IEMA; and b) the Subgrantee will spend the funds requested within a twenty -day period after receipt of the funds from the IEMA. Additional funds may be drawn down upon request from the authorized representative based on need and the ability to spend within a twenty -day period. In the event that the applicant fails to expend or is over advanced HMGP funds, the Governor's Authorized Representative reserves the right to recapture funds in accordance with the applicable Federal or State laws and requirements. Funds remaining at the expiration of the grant agreement shall be returned to the State within 45 days. REQUIREMENTS FOR ALL HAZARD MITIGATION PROJECTS 8. The Subgrantee agrees to maintain good standing in the National Flood Insurance Program (NFIP). 9. The Subgrantee will begin project work within 90 days of the approval of the Grant Agreement and complete all items of work by the time of the grant expiration unless an exception is granted, extending the time with an amendment to this Agreement. 10. The Subgrantee will comply with all applicable ordinances, codes and standards as pertains to this HMGP project and agrees to provide maintenance as appropriate. 11. The IEMA, the Illinois Auditor General, the Illinois Attorney General or any of their duly authorized representatives reserve the right to review, inspect or audit all contracts, records and documents related to the expenditure of the HMGP funds. The IEMA reserves the right to disallow any expenditures that are deemed ineligible, unreasonable, and/or excessive. In the event that questioned costs are ultimately deemed disallowed, as determined by the IEMA, the Subgrantee shall be responsible for repayment of such costs. 12. The Subgrantee will not enter into cost - plus - percentage -of -cost contracts for completion of the HMGP projects. 13. The Subgrantee will not enter into any contract with any party which is debarred or suspended from participating in Federal assistance programs. 14. The authorized representative for the Subgrantee is required to submit quarterly reports to the Hazard Mitigation Officer on or before the first day of each quarter following the signing of this Grant Agreement. Said report will include the status of the project and the estimated percentage of project completed. For acquisition projects, the report should quantify the closings to be conducted in the next quarter and other information as requested. 15. A final report covering all aspects of the project will be prepared for the Subgrantee after the final closing. 16. The Subgrantee is required to submit a single audit conducted in accordance with Office of Management and Budget (OMB) Circular A -133, "Audits of States, Local Governments and Non -profit Organizations," when expending $500,000 or more in Federal funds, including Public Assistance, Hazard Mitigation Grant Program (HMGP), and FMAP funds during a fiscal year. 17. The Subgrantee is required to submit a copy of each report as a result of an audit to the Chief Fiscal Officer, for each fiscal year where $500,000 or more in Federal funds were expended, beginning the fiscal year of the Presidential declaration of major disaster and ending the fiscal year of the final reimbursement. 18. The Subgrantee will be responsible for timely action in resolving any audit finding and/or questioned project costs. The Subgrantee will return to the IEMA, within 15 days of such request by the Chief Fiscal Officer, any advance funds which are not supported by audit or other Federal or State review of documentation maintained by the Subgrantee. 19. The Subgrantee agrees that all funds remaining at the end of this Agreement or at the expiration or obligation by the Grantee shall be returned to the State within 45 days. REQUIREMENTS FOR ACQUISITION AND RELOCATION PROJECTS 20. The Subgrantee agrees to include in the letter of agreement signed by the property owner, a certification that: (1) the owner has revealed any other funds received for structural repairs which would represent duplicated disaster - recovery benefits such as Federal grants/ assistance or insurance proceeds, and that (2) the owner will relocate outside of any floodplain mapped by FEMA. 21. Included in the scope of work of the formal HMGP application provided by the Subgrantee in support of this Grant Agreement is a list of property owners corresponding to each parcel being acquired. In the event that a property owner on the list chooses not to participate, the Subgrantee may submit to IEMA for approval an alternate name, location, and photo of the property /structure as long as the total fimds required are not more than the total estimated cost of acquisition (See I a). 22. Each parcel acquired with HMGP funds shall be deed restricted to include the requirements in Items 23, 24, 25, 26 and 27 of this Grant Agreement. 23. The floodplain property from which structures have been purchased and demolished or relocated must be maintained for open space, parks, nature preserves, unimproved pervious parking areas, wetland areas or other like purposes only. This open area must be maintained in perpetuity (forever). 24. No landscape change or new structure will be erected on the property other than a public facility that is open on all sides and functionally related to open space. The FEMA Regional Director must approve on a case by case basis the erection of structures which do not meet the criteria above before commencement of construction. However, the structure must be constructed in compliance with the community's floodplain management ordinance, including minimum federal and state requirements, and be compatible with open space uses and floodplain management policy and practices. 25. No construction, alteration or disturbance of the ground surface, or any landscape change shall be undertaken or permitted to be undertaken without the expressed prior written permission by fully authorized representatives of the Illinois Historic Preservation Agency (IHPA), and the Illinois Department of Natural Resources- Comprehensive Environmental Review Program (IDNR- CERP); and, at the fee holder's own expense, all required archaeological and ecological studies shall be performed prior to such permission being granted by the IHPA or the IDNR; 26. No future disaster assistance for any purpose from any Federal source will be sought nor provided with respect to the acquired properties. 27. The Subgrantee agrees that it shall convey this property, or any interest therein, only to another public entity and only with prior approval from the Illinois Emergency Management Agency and the Regional Director of the Federal Emergency Management Agency. Such conveyance shall be made expressly subject to the above - referenced conditions and restrictions which shall run with the property in perpetuity. 44 CFR 206.434(d) 28. The Subgrantee shall take possession of all acquired structures and parcels at time of closing. 29. A copy of the closing documentation, which includes the certified appraised value of the property, all deductions, the net balance to the seller, and legal description of the parcel shall be forwarded to the IEMA upon closing of the property. 30. If the Subgrantee is participating in the Salvage Program, permanently affixed items and appliances can only be removed from an acquired structure based upon the Property Owner Salvage List, which must be signed by both the local appraiser and the homeowner. These items must be removed prior to closing, and the value of those items must be deducted from the offer price. Be advised that IEMA strongly discourages the removal of porous items primarily due to health concerns. 31. If the Subgrantee is participating in the Structure (Home) Relocation Program, the Subgrantee must work with homeowner on a case -by -case basis. 32. Structures purchased under the HMGP must be demolished within 90 days of its purchase except in instances where the Subgrantee is implementing the Structure Relocation Program. 33. Prior to demolition or relocation, the structure may not be sold to any party without written consent from the Grantee. 34. As a result of a specific disaster, the Subgrantee may be eligible to receive funds through the Federal Public Assistance Program for the demolition of structures in the buyout. If eligible, the jurisdiction will need to implement the bidding process, select a demolition contractor, and have a Project Worksheet (formerly Disaster Survey Report (DSR)) completed by FEMA in order for the IEMA to reimburse the Subgrantee up to 75 percent of the demolition expenses. REQUIREMENTS FOR ALL STATE CONTRACTS 35. Obligations of the State will cease immediately without penalty of further payment being required if in any fiscal year the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available sufficient funds for this agreement. 36. The Subgrantee certifies that it will comply with the requirements of the federal Drug Free Workplace Act, 41 U.S.C.A. 702 as amended, and 49 C.F.R. Part 29, subpart F, including Appendix C as amended. The Subgrantee is required to sign the enclosed Drug - Free Workplace Certification and return it with this contract. 37. Pursuant to Section 6i. of the Illinois Purchasing Act the Subgrantee shall maintain, for a minimum of 3 years after the completion of the Grant Agreement, adequate books, records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds passing in conjunction with the Grant Agreement; that the contract and all books, records, and supporting documents related to the contract shall be available for review and audit by the grantor agency (IEMA), the Illinois Auditor General, the Illinois Attorney general or any of their duly authorized representatives and to provide full access to all relevant materials. The IEMA reserves the right to disallow any expenditures that are deemed ineligible, unreasonable, and/or excessive, or for which supporting documentation is not available. In the event that questioned costs are ultimately deemed disallowed, as determined by the IEMA, the Subgrantee shall be responsible for repayment of such costs. 38. The Subgrantee assures that it will comply with all applicable federal statutes, regulations, executive orders, and other federal requirements in carrying out any project supported by federal funds. The Subgrantee recognizes that federal laws, regulations, policies, and administrative practices may be modified from time to time and those modifications may affect project implementation. The Sugrantee agrees that the most recent federal requirements will apply to the project. The Subgrantee will comply with all applicable provisions of Federal and State law and regulations in regard to procurement of goods and services. 39. The Subgrantee will comply with all Federal and State statutes and regulations relating to non - discrimination. 40. The Subgrantee will comply with provisions of the Hatch Act limiting the political activities of public employees. 41. The Subgrantee will comply with minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and to the extent applicable, Subgrantee will comply with the Davis -Bacon Act, as amended, 40 U.S.C. 3141 et seq., the Copeland "Anti - Kickback" Act, as amended, 18 U.S.C. 874, and the Grant Work Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq., regarding labor standards for federally assisted sub agreements. 42. The Subgrantee will prohibit employees, contractors, subcontractors for a purpose that is or gives the appearance of 1) using their positions for personal gain of themselves or those with whom they have family business or ties; 2) a conflict of interest; or 3) kickbacks. 43. The Subgrantee and its employees, contractors, and subcontractors shall hold harmless the United States and its agents and employees, the State of Illinois and its agents and employees from and against all claims, damages, losses and expenses arising out of or resulting from the approval of work regardless of whether or not such claim, damage, loss of expense is caused entirely or in part by the United States or the State of Illinois. 44, The Subgrantee shall certify that (a) no Federal or State appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with awarding of any Federal contract, the making of any Federal grant, the malting of any Federal loan, the entering into of any cooperative 6 agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, 'Disclosure Form to Report Lobbying," in accordance with its instruction. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 45. The Subgrantee shall certify that they are not barred from being awarded a contract under 30 ILCS 500. Section 50 -11 prohibits a person from entering into a contract with a State Agency if they know or should know that they are delinquent in the payment of any debt to the State as defined by the Debt Collection Board. The Subgrantee further acknowledges that the contracting State agency may declare this Grant Agreement (contract) void if this certification is false or if the Subgrantee is deterniined to be delinquent in the payment of any debt during the term of the Grant Agreement. 46. In accordance with the Buy American Act, 41 U.S.C. 10 -1 Od, only steel, iron, and manufactured products produced in the United States may be purchased with Federal funds unless an exception under section b(2) or b(3) of the Buy American Act applies. Clear justification for the purchase of non - domestic items must be in the form of a waiver request submitted to and approved by the Federal Government. 47. The Subgrantee certifies to the best of his or her knowledge and belief that for each contract for federal assistance exceeding $100,000: (a) No federal appropriated funds have been or will be paid by or on behalf of the Subgrantee to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress regarding the award of federal assistance, or the extension continuation, renewal, amendment, or federal assistance, or the extension, continuation, renewal, amendment, or modification of any federal assistance agreement; and (b) If any funds other than federal appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any application for federal assistance, the Subgrantee assures that it will complete and submit Standard Form -LLL, `Disclosure Form to Report Lobbying," including information required by the instructions accompanying the form, which form may be amended to omit such information as authorized by 31 U.S.C. 1352. (c) The language of this certification shall be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements). 48. The subgrantee agrees to comply with the conditions established in the Record of Environmental Consideration approved by the FEMA Regional Environmental Officer. SIGNATURES Signature of Subgrantee's Authorized Representative: 0 Date Signed: Name Typed: David Niemeyer Title: City Manager Subgrantee Jurisdiction: Village of Oak Brook Mailing Address for Disbursements: 1200 Oak Brook Road Oak Brook, IL 60523 Signature of the Grantee (Illinois Emergency Management Agency): _ Date Signed: 2!! emfer hnson Legal Counsel Jennifer lA A- tl (� �l Date Signed: r /Jonat n Monken Governor's AuttofAed Representative Chief Fiscal Officer d -r3 o Date Signed: � -`� _1 5 Date Signed: