2022/06/22 Council Agenda Packet

Mitigation Project Grant Agreement Page 3 of 29 City of Everett, D22-024 Revised Form 4/17/2020 when this Agreement is terminated, is actually less than above, the actual cost shall be substituted herein. b. The value of the contributions by the SUBRECIPIENT to the project shall be $118,361.88 dollars, or 12.5 percent, at minimum, of the total project cost. The SUBRECIPIENT’s contributions may be cash or in-kind, must be from a non-federal source, must be reasonable, allowable and allocable, and must comply with all Federal requirements and regulations. c. When the DEPARTMENT enters into an agreement with the Federal Emergency Management Agency (FEMA) to contribute federal funds to this project, that federal contribution will be $710,171.25 dollars, or 75 percent of the total project cost, whichever is less. d. The value of the contributions by the DEPARTMENT to the project shall be $118,361.87 dollars, or 12.5 percent, at minimum, of the total project cost. The DEPARTMENT’s contributions must be from a non-federal source and must comply with all Federal requirements and regulations. e. The DEPARTMENT shall not be obligated to pay any amount beyond that set out in Subsections c and d above, unless that additional amount has been approved in advance by both the DEPARTMENT and SUBRECIPIENT and is incorporated by written amendment into this Agreement. f. A written amendment will be required if the SUBRECIPIENT expects cumulative transfers between project budgets, as identified in the Project budget (Attachment 5) and the Statement of Work and/or description of Project (Attachment 3), to exceed 10% of the Grant Agreement Amount. Any changes to project budgets other than in compliance with this paragraph will not be reimbursed. 3. GRANT AGREEMENT PERIOD Activities payable under this Agreement and to be performed by the SUBRECIPIENT under this Agreement shall only be those after the obligation of federal funds on 03/24/2022 and shall terminate on 04/30/24. This period shall be referred to herein as the Grant Agreement Period and/or Period of Performance, unless expressly stated otherwise. Costs incurred during the Grant Agreement Period shall include pre-award costs authorized in writing by FEMA as well as eligible costs incurred after the effective date of the Grant Agreement Period and before termination. a. The SUBRECIPIENT shall complete the project as described in the FEMA approved project application FM-5320-23, incorporated in and made a part of this Agreement by reference, and as described in Attachments 3, 4, and 5. In the event of extenuating circumstances, the SUBRECIPIENT may request, in writing, that the DEPARTMENT extend the deadline for Grant Agreement completion. b. The Grant Agreement Period shall only be extended by (1) written notification of FEMA approval of the Grant Agreement Period followed by execution of a mutually agreed written amendment, or (2) written notification from the DEPARTMENT to the SUBRECIPIENT addressing extensions of the Department’s underlying federal grant performance period or to provide additional time for completion of the SUBRECIPIENT’s project(s). c. No expenditure made, or obligation incurred, before or after the Grant Agreement Period shall be eligible, in whole or in part, for grant funds with the exception of pre-award costs authorized in writing by FEMA. In addition to any remedy the DEPARTMENT may have under this Agreement, the amounts set out in Article II, section A.2 Project Funding, above, may be reduced to exclude any such expenditure from participation. d. Failure to complete the project in a timely manner, as outlined in Attachment 4, is a material breach of this Agreement for which the DEPARTMENT is entitled to termination or suspension under Attachment 2, section A.36.