01/28/2009 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
February 3, 2009
TO:
Tina Boan, Sr. Budget Director
Pamela G. Hanc(;f/:c.
FROM:
At the January 28, 2009, Board of County Commissioners meeting the Board granted
approval and authorized execution of the following:
Funding Agreement between Monroe County apd State of Florida, Department of
Emergency Management for reimbursement of expenses related to Tropical Storm Fay.
Funding Agreement between Monroe County and State of Florida, Department of
Emergency Management for reimbursement of expenses related to Hurricane Ike.
Enclosed are three duplicate originals of each of th~ above-mentioned, executed on behalf
of Monroe County, for your handling. Please be sure to return the fully executed "Monroe
County Clerk's Office Original" and the "Monroe Count} Finance Department's Original" as
soon as possible. Should you have any questions please fe~l free to contact our office.
cc: County Attorney
Finance w/o documents
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
"State Emergency Response Team"
CHARLI E CRIST
Governor
W. CRAIG FUGATE
Director
Contract Number: 08-F A-B9-11-54-00-546
CFDA Title and Number: 97.036
Disaster Declaration Number: FEMA-1785-DR (TS Fay)
Subgrantee: Monroe County
FIPS No: 087-99087-00
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1Dl JUL 2 4 2009 11lJ
B Y: ____~_________
Public Assistance Subgrant Agreement
for
Tropical Storm Fay
This Agreement is between the State of Florida, Division of Emergency Management
(Grantee) and, the undersigned state agency, political subdivision of the state, private nonprofit
organization, or federally recognized Tribal Nation or authorized tribal organization (Subgrantee).
This Agreement is based on the existence of the following facts and conditions:
A. WHEREAS, on August 22, 2008, President George W. Bush issued a major disaster
declaration (FEMA-1785-DR) for the State of Florida as a result of Tropical Storm Fay.
The declaration authorized Individual and Public Assistance, as well as federal monies
under the Hazard Mitigation Grant Program for counties designated eligible for
assistance Public Assistance; and
B. WHEREAS, the FEMA-State Agreement dated August 26, 2008 between the State of
Florida and the Federal Emergency Management Agency (FEMA) governing the use of
such funds requires the State to share the costs eligible for federal financial assistance,
and the State has undertaken to share those costs, as appropriated, with its Subgrantees;
and
C. WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these
grant funds to provide the services identified herein and agrees to comply with all the
requirements of this Agreement; and
D. WHEREAS, pursuant to Chapter 252, Florida Statutes, the Grantee has authority to
administer federal financial assistance from the FEMA consequent to a presidential
declaration of disaster.
NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the
foregoing conditions, do further agree to the following:
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ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the
following meanings unless another meaning is specified elsewhere:
A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-
288, as amended, 42 U.S.C ~~ 5121-5207 (Stafford Act); in accordance with 44 CFR ~
206.44; and applicable policies of the Federal Emergency Management Agency.
B. "FEMA-State Agreement" is the agreement dated August 26, 2008, between the FEMA
and the State of Florida, for a presidential major disaster declaration designated FEMA-
1785-DR-FL.
ARTICLE II. Applicable Law. The parties agree to all the conditions, obligations, and duties
imposed by the FEMA-State Agreement and all applicable state and federal legal requirements
including, without any limitation on the generality of the foregoing, the requirements of Title 44
of the Code of Federal Regulations (CFR) Partes) 13 and 206, and the policies of the FEMA. The
Subgrantee further agrees to comply with the Statement of Assurances attached hereto as
Attachment "A."
ARTICLE III. Funding and Insurance. Grantee shall provide funds to the Subgrantee for
eligible activities for the projects approved by the Grantee and the FEMA, as specified in the
approved Project Worksheets. The federal allowable costs shall be determined as per 44 CFR
Partes) 13 and 206, which shall be seventy-five percent of all eligible costs unless a higher
percentage is approved.
A. The approved Project Worksheets shall be transmitted to Sub grantee, and shall state the
cumulative funding allowed, the scope of the eligible project, and the costs eligible under
this Agreement. Project Worksheets may obligate or deobligate funding, thereby
amending the total funding for the project. The approved Project Worksheets shall
document the total eligible costs and the total federal share of those costs, which shall be
seventy-five percent of all eligible costs, unless a higher percentage is approved.
Contingent upon an appropriation by the State Legislature, the Grantee may provide
some portion of any nonfederal share for some sub grantees. As a condition of receipt of
the federal funding, the Subgrantee agrees to provide any nonfederal share not paid by
the Grantee.
B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee
may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee
upon a determination by Grantee or FEMA that funds exceeding the eligible costs have
been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement
administered by Grantee.
C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure
insurance sufficient for the type or types of hazards for which the disaster was declared to
cover any and all projects to be funded under this Agreement where insurance is available
and reasonable. Subgrantee shall provide Grantee with a certificate of such insurance as a
condition to funding under this Agreement.
ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under
this Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other
duplicate benefits under this Agreement.
A. Without delay, Subgrantee shall advise Grantee of any insurance coverage for the
damage identified on the applicable Project Worksheets and of any entitlement to
compensation or indemnification from such insurance. All such duplicate benefits are
"ineligible costs" which the Subgrantee shall reimburse to the Grantee without delay. The
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Subgrantee shall also reimburse the Grantee if the Subgrantee receives any duplicate
benefits from any other source for any damage identified on the applicable Project
Worksheets for which Subgrantee has received payment from Grantee.
B. In the event that Grantee should determine that Subgrantee has received duplicate
benefits, by its execution of this Agreement the Subgrantee gives Grantee or the Chief
Financial Officer-Department of Financial Services of the state the authority to set off the
sum of any such duplicate benefits by withholding it from any other funds otherwise due
and owing to Sub grantee, or to use such remedies available at law or equity to the
repayment of said sums to Grantee.
ARTICLE V. Compliance with Environmental, Planning and Permitting Laws. Subgrantee
shall be responsible for the implementation and completion of the approved projects described in
the Project Worksheets in a manner acceptable to Grantee, and in accordance with applicable
legal requirements. The contract documents for any project undertaken by Subgrantee, and any
land use permitted by or engaged in by Sub grantee, shall be consistent with the local government
comprehensive plan. Subgrantee shall ensure that any development or development order
complies with all applicable planning, permitting and building requirements. Subgrantee shall
engage such competent, properly licensed engineering, building, and other technical and
professional assistance at all project sites as may be needed to ensure that the project complies
with the contract documents.
ARTICLE VI. Required Documentation, Reviews, and Inspections. Subgrantee shall create
and maintain documentation of work performed and costs incurred on each project identified in a
Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and
prudent public accounting requirements. Upon the failure of Subgrantee to create and maintain
such documentation, Grantee may terminate further funding under this Agreement, and
Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with
any and all accrued interest.
A. For all projects, Subgrantee shall state on the "Project Completion and Certification
Report" that all work was performed in accordance with this Agreement and the
requirements in each Project Worksheet, and shall state the date of completion.
B. Grantee will inspect Small Projects by random selection, and will conduct the final
inspections on Large Projects, to ensure that all work has been performed within the
scope of work specified on the Project Worksheets. Costs not within the approved scope
of work shall not be reimbursed.
C. Subgrantee shall submit the following documentation for Large Projects (the Large
Project threshold for this declaration is $60,900.00), which can be found at
www.floridaoa.org:
1. a request for reimbursement;
2. a summary of documentation, which shall be supported by original documents
such as contract documents, invoices, purchase orders, and change orders;
3. a request for final inspection;
4. a signed Project Completion and Certification Report upon the completion of all
projects; and
5. a Project Completion and Certification Report specified by Paragraph B of this
Article.
ARTICLE VII. Cost Sharing. The federal share of the eligible costs specified in the Project
Worksheets under this Agreement shall be seventy five (75) percent of such costs, unless a higher
percentage is approved, and the nonfederal share shall be the remaining amount. Payment of all
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or a specified portion of the nonfederal share of such costs is contingent upon a potential future
State appropriation defining the apportionment of the nonfederal share. Administrative costs in
addition to the Project Worksheets that are otherwise eligible under 44 Code of Federal
Regulations Part 206.228 and do not require matching funds may also be funded by FEMA.
ARTICLE VIII. Payment of Costs. Grantee shall disburse the eligible costs to Subgrantee in
accordance with the following procedures:
A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small
Projects to Subgrantee as soon as practicable after execution of this Agreement and
formal notification by the FEMA of its approval of the pertinent Project Worksheet.
B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible
costs for Large Projects as soon as practicable after Subgrantee has delivered the
following documents to Grantee:
1. a Request for Reimbursement available at www.floridapa.org;
2. a Summary of Documentation shall be supported by original documents such as
contract documents, invoices, purchase orders, and change orders and is also
available at www.floridapa.org; and
3. a letter or notification certifying that the reported costs were incurred in the
performance of eligible work.
C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the
federal share if Subgrantee meets the following conditions:
1. Sub grantee shall certify to Grantee that Subgrantee has procedures in place to
ensure that funds are disbursed to project vendors, contractors, and
subcontractors without unnecessary delay;
2. Subgrantee shall submit to Grantee the budget supporting the request;
3. Subgrantee shall submit a statement justifying the advance and the proposed use
of the funds and specifying the amount of funds requested;
4. Subgrantee shall submit a completed Request for Advance and Schedule of
Projected Expenditures Forms which is also available at www.floridapa.org; and
5. Subgrantee shall pay over to Grantee any interest earned on advances for
remittance to the FEMA as often as practicable, but not later than ten (10)
business days after the close of each calendar quarter.
D. Grantee may, in its discretion, withhold its portion of the nonfederal share of funding
under this Agreement from Sub grantee if Grantee has reason to expect a subsequent
unfavorable determination by the FEMA that a previous disbursement of funds under this
Agreement was improper.
ARTICLE IX. Final Payment. Grantee shall disburse the final payment to Subgrantee upon the
performance of the following conditions:
A. Subgrantee shall have completed the project to the satisfaction of the Grantee;
B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of
this Agreement;
C. In the case of Large Projects, the Grantee shall have performed the final inspection; or
D. In the case of Small Projects, the Project Listing and Certification shall have been
reviewed by Grantee, or Grantee shall have performed a final inspection; and
E. Subgrantee shall have requested final reimbursement.
ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and
the performance of all other conditions shall be subject to the following requirements, in addition
to such other and further requirements as may be imposed by operation of law:
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A. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments," as codified in 44 Code of Federal Regulations Part 13, as
amended.
B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and
Local Governments," as amended.
C. Office of Management and Budget Circular No. A-IIO, "Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations," as amended.
D. Office of Management and Budget Circular No. A-I22, "Cost Principles for Non-Profit
Organizations," as amended.
E. Subgrantee shall retain sufficient records to show its compliance with the terms of this
Agreement, as well as the compliance of all subcontractors or consultants paid from
funds under this Agreement for a period of five years from the date of the final inspection
and audit. The Subgrantee shall allow the Grantee or its designee, the Comptroller
General of the United States, FEMA, the Chief Financial Officer or the Auditor General
of the state, access to records upon request. The five year period may be extended for the
following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extend beyond the five year period, the records shall be retained until all
litigation, claims or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after
final disposition.
3. Records relating to real property acquired shall be retained for five years
after the closing on the transfer of title.
F. The Sub grantee shall maintain all records for the Subgrantee and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including
documentation of all program costs, in a form sufficient to determine compliance with the
requirements and objectives under this Agreement and all other applicable laws and
regulations.
G. The Subgrantee, its employees or agents, including all subcontractors or consultants to be
paid from funds provided under this Agreement, shall allow access to its records at
reasonable times to the Grantee, its employees, and agents. "Reasonable" shall ordinarily
mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday
through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Grantee.
ARTICLE XI. Reimbursement of Funds. If upon final inspection, final audit, or other review
by Grantee, the Federal Emergency Management Agency or other authority determines that the
disbursements to Subgrantee under this Agreement exceed the eligible costs, Subgrantee shall
reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within
forty-five (45) days from the date Subgrantee is notified of such determination.
ARTICLE XII. Repayment by Subgrantee. All refunds or repayments due to the Grantee
under this Agreement are to be made payable to the order of "Department of Community
Affairs" and mailed directly to the following address:
Division of Emergency Management
Public Assistance Office
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
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In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the
Division for collection, Recipient shall pay the Division a service fee of$15.00 or 5% of the face
amount of the returned check or draft, whichever is greater.
ARTICLE XIII. Audit.
A. The Subgrantee agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and
expenditure of funds under this Agreement.
B. These records shall be available at all reasonable times for inspection, review, or audit by
state personnel and other personnel duly authorized by the Grantee. "Reasonable" shall
be construed according to circumstances, but ordinarily shall mean normal business hours
of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
C. The Subgrantee shall also provide the Grantee or its designee with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the funds
awarded under this Agreement.
D. If the Subgrantee is a state or local government or a non-profit organization as defined in
OMB Circular A-I33, as revised, and in the event that the Recipient expends $500,000 or
more in federal awards in its fiscal year, the Subgrantee must have a single or program-
specific audit conducted in accordance with the provisions of OMB Circular A-I33, as
revised. Exhibit 1 to this Agreement shows the federal resources awarded through the
Grantee by this Agreement. In determining the federal awards expended in its fiscal year,
the Subgrantee shall consider all sources of federal awards. The determination of
amounts of federal awards expended should be in accordance with the guidelines
established by OMB Circular A-I33, as revised. An audit of the Subgrantee conducted
by the Auditor General in accordance with the provisions of OMB Circular A-I33, as
revised, will meet the requirements of this paragraph. The Subgrantee shall also fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB
Circular A-I33, as revised.
If the Subgrantee expends less than $500,000 in federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-I33, as revised, is not
required. In the event that the Subgrantee expends less than $500,000 in federal awards
in its fiscal year and elects to have an audit conducted in accordance with the provisions
of OMB Circular A-I33, as revised, the cost of the audit must be paid from non-federal
resources (i.e., the cost of such audit must be paid from Recipient resources obtained
from other than Federal entities).
E. Copies of reporting packages for audits conducted in accordance with OMB Circular A-
133, as revised, and required by subparagraph (d) above shall be submitted, when
required by Section .320 (d), OMB Circular A-I33, as revised, by or on behalf of the
Subgrantee directly to the following offices:
Division of Emergency Management
Office of Audit Services
and
Public Assistance Office
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
An electronic copy shall also be submitted at aurilla.uarrish(iV,dca.state.f1.us.
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The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections .320( d)(I) and (2), OMB Circular A-133, as
revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and
(f), OMB Circular A-133, as revised.
F. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall submit
a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as
revised, and any management letter issued by the auditor, to the following addresses:
Division of Emergency Management
Office of Audit Services
and
Public Assistance Office
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
An electronic copy shall also be submitted at aurilla.parrish(ti)dca.state.fl.us.
G. Any reports, management letter, or other information required to be submitted to the
Grantee pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
H. The Subgrantee, when submitting financial reporting packages to the Grantee for audits
done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,
should indicate the date that the reporting package was delivered to the Recipient in
correspondence accompanying the reporting package.
I. In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the
Subgrantee shall be held liable for reimbursement to the Grantee of all funds not spent in
accordance with these applicable regulations and Agreement provisions within thirty (30)
days after the Grantee has notified the Grantee of such non-compliance.
J. The Subgrantee shall have all audits completed by an independent certified public
accountant (IP A) who shall either be a certified public accountant or a public accountant
licensed under Chapter 473, Florida Statutes. The IPA shall state that the audit complied
with the applicable provisions noted above. The audit must be submitted to the Grantee
no later than nine (9) months from the end of the Subgrantee's fiscal year.
ARTICLE XIV. Noncompliance. If the Subgrantee violates this Agreement or any legislation,
regulation, statute, rule or other legal requirement applicable to the performance of this
Agreement, the Grantee may withhold any disbursement otherwise due Sub grantee for the project
with respect to which the violation has occurred until the violation is cured or has otherwise come
7
to final resolution. If the violation is not cured, Grantee may terminate this Agreement and invoke
its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement.
ARTICLE XV. Nondiscrimination by Contractors. Pursuant to 44 CFR Parts 7 and 16, and 44
CFR Part 206.36, the Subgrantee shall undertake an active program of nondiscrimination in its
administration of disaster assistance under this Agreement. Sub grantee shall also be subject to
the requirements in the General Services Administrative Consolidated List of Debarred,
Suspended and Ineligible Contractors, in accordance with 44 CFR Part 17.
ARTICLE XVI. Modification. The time for performance of this Agreement may be extended
once unless the failure of Subgrantee to close out the project is caused by events beyond its
control. A modification extending the time for completion of the project and any other
modification shall be in writing, and shall take effect only upon execution by both parties.
Modifications to any Project Worksheet to be funded under this Agreement may be requested by
Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole
discretion of the Federal Emergency Management Agency. Any approved modification to a
Project Worksheet shall be noted in an additional Project Worksheet version for the project and in
any amendment to this Agreement. If otherwise allowed under this Agreement, any extension
shall be in writing and shall be subject to the same terms and conditions as those set out in the
initial Agreement.
ARTICLE XVII. Time for Performance. Time shall be of the essence of this Agreement and of
the performance of all conditions under it. Subject to any modification extending the time for the
performance of this Agreement approved by Grantee or the Federal Emergency Management
Agency, the time for the performance of emergency work shall be six (6) months from the date of
the Presidential Declaration. The time for the performance of permanent work shall be eighteen
(18) months from the date of the Presidential Declaration. For Large Projects the Summary of
Documentation and the supporting documents identified in Article VI of this Agreement shall be
submitted to the Grantee not later than ninety (90) days after the extension date of the last
modification extending the Agreement. Subgrantee shall submit the completed Project Listing to
Grantee not later than sixty (60) days from the completion of all work, or the approval of the
Final Inspection by the Federal Emergency Management Agency, whichever is later. The time for
the performance of this Agreement may be extended for cause by Grantee. Extensions shall not
be approved for delays caused by lack of cost-share funding. If any extension request is denied,
Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date
for timely completion. Failure to complete any project will be adequate cause for the termination
of funding for that proj ect.
ARTICLE XVIII. Contracts with Others. If the Subgrantee contracts with any other contractor
or vendor for performance of all or any portion of the work required under this Agreement, the
Sub grantee shall incorporate into its contract with such contractor or vendor an indemnification
clause holding Grantee and Sub grantee harmless from liability to third parties for claims asserted
under such contract. The Subgrantee shall also document in the quarterly report the
subcontractor's progress in performing its work under this Agreement. For each subcontract, the
Subgrantee shall provide a written statement to the Grantee as to whether the subcontractor is a
minority vendor, as defined in section 288.703, Florida Statutes.
ARTICLE XIX. Termination. Either of the parties may terminate this Agreement by notice in
writing delivered to the address specified in Article XXV of this Agreement. Such termination
shall take effect thirty (30) days after the date of such notice. Such termination shall not affect the
8
rights, interests, duties or responsibilities of either of the parties or any allowable costs that have
accrued as of the date of the notice of termination.
ARTICLE XX. Liability. Grantee assumes no liability to third parties in connection with this
Agreement. Unless the Subgrantee is a governmental entity covered under ~ 768.28(5), Florida
Statute, the Subgrantee shall be solely responsible to any and all contractors, vendors, and other
parties with whom it contracts in performing this Agreement. Unless the Sub grantee is a
governmental entity within the meaning of the preceding sentence, Subgrantee shall indemnify
Grantee from claims asserted by third parties in connection with the performance of this
Agreement, holding Grantee and Subgrantee harmless from the same. For the purpose of this
Agreement, the Grantee and Subgrantee agree that neither one is an employee or agent of the
other, but that each one stands as an independent contractor in relation to the other. Nothing in
this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity~
nor shall anything in this Agreement be construed as consent by either of the parties to be sued by
third parties in connection with any matter arising from the performance of this Agreement.
Subgrantee represents that to the best of its knowledge any hazardous substances at its project site
or sites are present in quantities within statutory and regulatory limitations, and do not require
remedial action under any federal, state or local legal requirements concerning such substances.
Sub grantee further represents that the presence of any such substance or any condition at the site
caused by the presence of any such substance shall be addressed in accordance with all applicable
legal requirements.
ARTICLE XXI. Reports. Sub grantee shall provide Quarterly Reports to Grantee, on the
Quarterly Report Form conforming to the sample attached as Attachment "B". The first Quarterly
Report shall be due at such time as Subgrantee is notified. All subsequent Quarterly Reports shall
be due no later than fifteen (15) days after each calendar quarter through final inspection.
Quarterly Reports shall indicate the anticipated completion date for each project, together with
any other circumstances that may affect the completion date, the scope of work, the project costs,
or any other factors that may affect compliance with this Agreement. Interim inspections shall be
scheduled by Subgrantee before the final inspection, and may be required by Grantee based on
information supplied in the Quarterly Reports. Grantee may require additional reports as needed,
and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable.
With respect to the Request for Advance or Reimbursement, the Summary of Documentation, and
the Quarterly Reports, the contact for Grantee will be the State Public Assistance Officer.
ARTICLE XXII. Monitoring. The Subgrantee shall monitor its performance under this
Agreement, as well as that of its subcontractors, sub grantees and consultants who are paid from
funds provided under this Agreement, to ensure that performance under this Agreement are
achieved and satisfactorily performed and in compliance with applicable state and federal laws
and rules.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised
and Section 215.97, Florida Statutes (see Article II. Audit. above), monitoring procedures may
include, but not be limited to, on-site visits by Grantee staff, limited scope audits as defined by
OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the
Subgrantee agrees to comply and cooperate with all monitoring procedures/processes deemed
appropriate by the Grantee. In the event that the Grantee determines that a limited scope audit of
the Subgrantee is appropriate, the Subgrantee agrees to comply with any additional instructions
provided by the Grantee to the Subgrantee regarding such audit. The Subgrantee further agrees to
comply and cooperate with any inspections, reviews, investigations or audits deemed necessary
by the Comptroller or Auditor General. In addition, the Grantee will monitor the performance
9
and financial management by the Subgrantec throughout the contract term to ensure timely
completion of all tasks.
ARTICLE XXIII. Mandated Conditions. Subgrantee agrees to the following conditions:
A. The performance and obligation of Grantee to pay under this Agreement is contingent
upon an annual appropriation by the Legislature and is subject to any modification in
accordance with Chapter 216, Florida Statutes, and the disbursement to Grantee of
federal funding in accordance with 9 252.37, Florida Statutes.
B. Bills for fees or other compensation for services or expenses must be submitted in detail
sufficient for a proper pre-audit and post-audit.
C. Grantee may unilaterally terminate this Agreement for refusal by the Sub grantee or its
contractors or subcontractors to allow public access to all documents, papers, letters or
other material subject to the provisions of Chapter 119, Florida Statute, that are made or
received by Subgrantee or its contractors and subcontractors in connection with this
Agreement.
D. Subgrantee agrees that no funds or other resources received from the Grantee disbursed
to it under this Agreement will be used directly or indirectly to influence legislation or
any other official action by the Florida Legislature or any state agency.
E. Subgrantee certifies that it possesses the legal authority to receive the funds under this
Agreement and that it's governing body (if applicable) has authorized the execution and
acceptance of this Agreement. The Sub grantee also certifies that the undersigned person
has the authority to legally execute and bind Sub grantee to the terms of this Agreement.
F. Subgrantee agrees that responsibility for compliance with this Agreement rests with
Sub grantee, and further agrees that noncompliance with this Agreement shall be cause for
the rescission, suspension or termination of funding under this Agreement, and may
affect eligibility for funding under future Subgrantee Agreements.
G. If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Florida Statute.
H. The Grantee will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 V.S.C. Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA")]. The Department shall consider the
employment by any contractor of unauthorized aliens a violation of Section 274A(e) of
the INA. Such violation by the Subgrantee of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement
by the Department.
I. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a
bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the
convicted vendor list or on the discriminatory vendor list.
J. The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law
101-336,42 V.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination
by public and private entities on the basis of disability in the areas of employment, public
accommodations, transportation, State and local government services, and in
telecommunications.
10
K. With respect to any Subgrantee which is not a local government or state agency, and
which receives funds under this Agreement from the federal government, by signing this
Agreement, the Subgrantee certifies, to the best of its knowledge and belief, that it and its
principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal
department or agency;
2. have not, within a five-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for:
a) the commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state or
local) transaction or contract under public transaction.
b) violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property.
c) have not within a five-year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or
default.
Where the Subgrantee is unable to certify to any of the statements in this certification,
such Subgrantee shall attach an explanation to this Agreement. In addition, the
Subgrantee shall submit to the Grantee (by email or facsimile) the completed
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion"
for each prospective subcontractor which Sub grantee intends to fund under this
Agreement. See Attachment "C". Such form must be received by the Grantee prior to the
Subgrantee entering into a contract with any prospective subcontractor.
L. The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Subgrantee in this
Agreement, in any subsequent submission or response to Department request, or in any
submission or response to fulfill the requirements of this Agreement, and such
information, representations, and materials are incorporated by reference. The lack of
accuracy thereof or any material changes shall, at the option of the Department and with
thirty (30) days written notice to the Subgrantee, cause the termination of this Agreement
and the release of the Department from all its obligations to the Subgrantee.
M. This Agreement shall be construed under the laws of the State of Florida, and venue for
any actions arising out of this Agreement shall lie in Leon County. If any provision
hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable,
then such provision shall be deemed null and void to the extent of such conflict, and shall
be deemed severable, but shall not invalidate any other provision of this Agreement.
N. The Subgrantee certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal 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 any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
2. 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
11
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 instructions.
3. The undersigned shall require that the language of this certification be included
in the award documents for all sub awards at all tiers (including subcontracts, sub
grants, and contracts under grants, loans, and cooperative agreements) and that
all sub grantees shall certify and disclose accordingly. This certification is a
material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section
1352, Title 31, U.S. Code. Any 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.
O. All unmanufactured and manufactured articles, materials and supplies which are acquired
for public use under this Agreement have been produced in the United States as required
41 U.S.C. lOa, unless it would not be in the public interest or unreasonable in cost.
ARTICLE XXIV. Term. This Agreement shall take effect upon its execution by both parties,
and shall terminate upon approval of closeout by the Federal Emergency Management Agency,
unless terminated earlier as specified elsewhere in this Agreement. Subgrantee shall commence
project(s) specified by this Agreement without delay.
ARTICLE XXIII. Events of Default, Remedies, and Termination.
A. Upon the occurrence of anyone or more of the following events, all obligations of
Grantee to disburse further funds under this Agreement shall terminate at the option of
Grantee. Notwithstanding the preceding sentence, Grantee may at its option continue to
make payments or portions of payments after the occurrence of anyone or more such
events without waiving the right to exercise such remedies and without incurring liability
for further payment. Grantee may at its option terminate this Agreement and any and all
funding under this Agreement upon the occurrence of anyone or more of the following:
1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete
in any material respect, or Subgrantee has breached any condition of this
Agreement or any previous agreement with Grantee and has not cured in timely
fashion, or is unable or unwilling to meet its obligations under this Agreement.
2. Subgrantee suffers any material adverse change in its financial condition while
this Agreement is in effect, as compared to its financial condition as represented
in any reports or other documents submitted to Grantee, if Subgrantee has not
cured the condition within thirty (30) days after notice in writing from Grantee.
3. Any reports required by this Agreement have not been submitted to Grantee or
have been submitted with inaccurate, incomplete, or inadequate information.
4. The monies necessary to fund this Agreement are unavailable due to any failure
to appropriate or other action or inaction by the State Legislature, Florida
Department of Financial Services, Congress or Office of Management and
Budget.
B. Upon the occurrence of anyone or more of the foregoing events, Grantee may at its
option give notice in writing to Subgrantee to cure its failure of performance if such
failure may be cured. Upon the failure of Sub grantee to cure, Grantee may exercise any
one or more of the following remedies:
12
1. Terminate this Agreement upon not less than fifteen (15) days notice of such
termination by certified letter to the Subgrantee at the address specified in Article
XXV of this Agreement, such notice to take effect when delivered to Subgrantee;
2. Commence a legal action for the judicial enforcement of this Agreement;
3. Withhold the disbursement of any payment or any portion of a payment
otherwise due and payable under this agreement or any other agreement with
Subgrantee; and
4. Take any other remedial actions that may otherwise be available under law.
C. Grantee may terminate this Agreement for any misrepresentation of material fact, for
failure or nonperformance of any Agreement condition or obligation, or for
noncompliance with any applicable legal requirement.
D. Any deobligation of funds or other determination by the Federal Emergency Management
Agency shall be addressed in accordance with the regulations of that Agency.
E. Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall
refund to Grantee all funds disbursed to Subgrantee under this Agreement.
F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement
of this Agreement or for adjudication of rights, interests, or duties of the parties to it shall
lie in the Circuit Court for Leon County, State of Florida.
G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission,
suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of
liability to Grantee for the restitution of funds advanced to Subgrantee under this
Agreement, and Grantee may set off any such funds by withholding future disbursements
otherwise due Subgrantee under this Agreement or any other Agreement until such time
as the exact amount of restitution due Grantee from Subgrantee is determined. In the
event the Federal Emergency Management Agency should deobligate funds formerly
allowed under this Agreement or under any other Agreement funded by the Agency and
administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee.
If the Subgrantee fails to repay any such funds, then Grantee may recover the same from
funding otherwise due Subgrantee.
ARTICLE XXV. Attachments.
A. All attachments (including Exhibit 1) to this Agreement if any are incorporated into this
Agreement by reference as if set out fully in the text of the Agreement itself.
B. In the event of any inconsistencies between the language of this Agreement and the
Attachments to it if any, the language of the Attachments shall be controlling, but only to
the extent of such inconsistencies.
Note: All other grant administrative and electronic forms will be provided by
Grantee as necessary or posted on the Florida Division of Emergency
Management website: www.floridapa.org.
ARTICLE XXVI. Notice and Contact. All notices under this Agreement shall be in writing and
shall be delivered by email, by facsimile, by hand, or by certified letter to the following
respective addresses:
Grantee: Subgrantee:
Doug Wright, Bureau Chief of Recovery
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Email: doug.wright(d)em.mytlorida.com
r.;~rt rppnny!::nn, ~r~nt-5 Administrator
Monroe Coun~y ROCC
1100 Simon~on strppt
Key West, Florida 33040
tennyson-lisacamonroP~ollnty_fl.gov
13
ARTICLE XXVI. Designation of Agent. Subgrantee hereby designates the following agents to
execute any Request for Advance or Reimbursement, certification, or other necessary
documentation:
Primary Agent
Alternate Agent
Lisa Tennyson, Grants Admin.
Name and Title
Tina Boan, Snr. BudgetDirector
Name and Title
IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement:
FOR THE GRANTEE:
DIVISION OF EMERGENCY MANAGEMENT
'-Doug Wright, Bureau Chief of Recovery
FOR THE SUBGRANTEE:
Date
Federal Employer Identification Number (FEIN): 59 - 6 0 0 0 749
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MONROE COUNTY ATTORNEY
clP~ROVED AS TO FORM:
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CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date J IF<I t'lCf
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14
Attachment "A"
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Subgrantee agrees to
comply with the following:
1. Contract Work Hours and Safety Standards Act of 1962,40 U.S.C. 327 et seq., requiring
that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one- half times their basic wage
rates for all hours worked in excess of forty hours in a work week.
2. Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one
and one-halftimes their basic wage rates for all hours worked in excess of the prescribed
work-week.
3. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued
pursuant thereto, which provides that no person in the United States shall on the grounds
of race, color, or national origin, be excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination under any program or activity for which
the Subgrantee receives Federal financial assistance and will immediately take any
measures necessary to effectuate this assurance. If any real property or structure thereon
is provided or improved with the aid of Federal financial assistance extended to the
Subgrantee, this assurance shall obligate the Subgrantee, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits.
4. Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualified handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973.
5. Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of
payor other forms of compensation; and election for training and apprenticeship.
6. It will establish safeguards to prohibit employees from using positions for a purpose that
is or gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant
to Section 112.313 and Section 112.3135, Florida Statutes.
7. It will comply with the Anti-Kickback Act of 1986,41 U.S.C. Section 51 which outlaws
and prescribes penalties for "kickbacks" of wages in federally financed or assisted
construction activities.
8. It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the
Hatch Act) which limits the political activities of employees.
9. It will comply with the flood insurance purchase and other requirements of the Flood
Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements
regarding the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any Federal financial assistance for construction
or acquisition purposes for use in any area having special flood hazards. The phrase
15
"Federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or
indirect Federal assistance.
10. It will require every building or facility (other than a privately owned residential
structure) designed, constructed, or altered with funds provided under this Agreement to
comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A
to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part
40 for residential structures. The Sub grantee will be responsible for conducting
inspections to ensure compliance with these specifications by the contractor.
11. It will, in connection with its performance of environmental assessments under the
National Environmental Policy Act of 1969, comply with Section 106 of the National
Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part
800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C.
469a-l, et seq.) by:
a) Consulting with the State Historic Preservation Office to identify properties listed
in or eligible for inclusion in the National Register of Historic Places that are
subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity.
b) Complying with all requirements established by the state to avoid or mitigate
adverse effects upon such properties.
c) Abiding by the terms and conditions of the "Programmatic Agreement Among
the Federal Emergency Management Agency, the Florida State Historic
Preservation Office, the Florida Division of Emergency Management and the
Advisory Council on Historic Preservation, (P A)" which addresses roles and
responsibilities of federal and state entities in implementing Section 106 of the
National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
regulations in 36 CFR part 800.
d) When any of Subgrantee's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR 800. (2)(e), the FEMA may require
Subgrantee to review the eligible scope of work in consultation with the State
Historic Preservation Office (SHPO) and suggest methods of repair or
construction that will conform with the recommended approaches set out in the
"Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's
Guidelines for Archeological Documentation (Guidelines) (48 Federal Register
44734-37)," or any other applicable Secretary of Interior standards. If FEMA
determines that the eligible scope of work will not conform with the Standards,
Subgrantee agrees to participate in consultations to develop, and, after execution
by all parties, to abide by, a written agreement that establishes mitigation and
recondition measures, including but not limited to, impacts to archeological sites,
and the salvage, storage, and reuse of any significant architectural features that
may otherwise be demolished.
e) Subgrantee agrees to notify FEMA and the Division if any project funded under
this Agreement will involve ground disturbing activities, including, but not
limited to: subsurface disturbance; removal of trees; excavation for footings and
foundations; and installation of utilities (such as water, sewer, storm drains,
electrical, gas, leach lines and septic tanks) except where these activities are
restricted solely to areas previously disturbed by the installation, replacement or
maintenance of such utilities. FEMA will request the SHPO's opinion on the
potential that archeological properties may be present and be affected by such
activities. The SHPO will advise Subgrantee on any feasible steps to be
accomplished to avoid any National Register eligible archeological property or
16
will make recommendations for the development of a treatment plan for the
recovery of archeological data from the property. If Subgrantee is unable to
avoid the archeological property, develop, in consultation with the SHPO, a
treatment plan consistent with the Guidelines and take into account the Advisory
Council on Historic Preservation (Council) publication "Treatment of
Archeological Properties." Subgrantee shall forward information regarding the
treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and
the Council do not object within 15 calendar days of receipt of the treatment
plan, FEMA may direct Subgrantee to implement the treatment plan. If either the
Councilor the SHPO object, Subgrantee shall not proceed with the project until
the objection is resolved.
f) Subgrantee shall notify the Division and FEMA as soon as practicable: (i) of any
changes in the approved scope of work for a National Register eligible or listed
property; (ii) of all changes to a project that may result in a supplemental DSR or
modify an HMGP project for a National Register eligible or listed property; (iii)
if it appears that a project funded under this Agreement will affect a previously
unidentified property that may be eligible for inclusion in the National Register
or affect a known historic property in an unanticipated manner. Subgrantee
acknowledges that FEMA may require Subgrantee to stop construction in the
vicinity of the discovery of a previously unidentified property that may be
eligible for inclusion in the National Register or upon learning that construction
may affect a known historic property in an unanticipated manner. Subgrantee
further acknowledges that FEMA may require Subgrantee to take all reasonable
measures to avoid or minimize harm to such property until FEMA concludes
consultation with the SHPO. Subgrantee also acknowledges that FEMA will
require, and Subgrantee shall comply with, modifications to the project scope of
work necessary to implement recommendations to address the project and the
property .
g) Subgrantee acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when, with intent to avoid the requirements
of the P A or the NHP A, Subgrantee intentionally and significantly adversely
affects a historic property, or having the legal power to prevent it, allowed such
significant adverse affect to occur.
12. It will comply with Title IX of the Education Amendments of 1972, as amended (20
V.S.C.: 1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex.
13. It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970, (42 V.S.C. 4521-45-94) relating to
nondiscrimination on the basis of alcohol abuse or alcoholism.
14. It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 V.S.C. 290
dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse
patient records.
15. It will comply with Lead-Based Paint Poison Prevention Act (42 V.S.C.: 4821 et seq.)
which prohibits the use of lead based paint in construction of rehabilitation or residential
structures.
16. It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 V.S.C.
6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant
thereto.
17. It will comply with the Laboratory Animal Welfare Act of 1966,7 V.S.C. 2131-2159,
pertaining to the care, handling, and treatment of warm blooded animals held for
research, teaching, or other activities supported by an award of assistance under this
agreement.
17
18. It will comply with Title VIII of the Civil Rights Act of 1968, 42 V.S.C. 2000c and 42
3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of
housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits
discrimination on the basis of race, color or nation origin.
19. It will comply with the Clean Air Act of 1955, as amended, 42 V.S.C. 7401-7642.
20. It will comply with the Clean Water Act of 1977, as amended, 42 V.S.C. 7419-7626.
21. It will comply with the Endangered Species Act of 1973,16 V.S.C. 1531-1544.
22. It will comply with the Intergovernmental Personnel Act of 1970, 42 V.S.C. 4728-4763.
23. It will assist the awarding agency in assuring compliance with the National Historic
Preservation Act of 1966, as amended, 16 V.S.C. 270.
24. It will comply with environmental standards which may be prescribed pursuant to the
National Environmental Policy Act of 1969,42 V.S.C. 4321-4347.
25. It will assist the awarding agency in assuring compliance with the Preservation of
Archeological and Historical Preservation Act of 1966, 16 V.S.C. 469a, et seq.
26. It will comply with the Rehabilitation Act of 1973, Section 504, 29 V.S.C. 794, regarding
non-discrimination.
27. It will comply with the environmental standards which may be prescribed pursuant to the
Safe Drinking Water Act of 1974, 42 V.S.C. 300f-300j, regarding the protection of
underground water sources.
28. It will comply with the requirements of Titles II and III of the Vniform Relocation
Assistance and Property Acquisition Policies Act of 1970, 42 V.S.C. 4621-4638, which
provide for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or federally assisted programs.
29. It will comply with the Wild and Scenic Rivers Act of 1968, 16 V.S.C. 1271-1287,
related to protecting components or potential components of the national wild and scenic
rivers system.
30. It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738
(violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and
EO 12898 (Environmental Justice).
31. It will comply with the Coastal Barrier Resources Act of 1977, 16 V.S.C. 3510.
32. It will assure project consistency with the approved state program developed under the
Coastal Zone Management Act of 1972, 16 V.S.C. 1451-1464.
33. It will comply with the Fish and Wildlife Coordination Act of 1958; 16 V.S.C. 661-666.
34. With respect to demolition activities, it will:
a) Create and make available documentation sufficient to demonstrate that the
Subgrantee and its demolition contractor have sufficient manpower and
equipment to comply with the obligations as outlined in this Agreement.
b) Return the property to its natural state as though no improvements had ever been
contained thereon.
c) Furnish documentation of all qualified personnel, licenses and all equipment
necessary to inspect buildings located in Subgrantee's jurisdiction to detect the
presence of asbestos and lead in accordance with requirements of the V.S.
Environmental Protection Agency, the Florida Department of Environmental
Protection and the county health department.
d) Provide documentation of the inspection results for each structure to indicate:
safety hazards present; health hazards present; and/or hazardous materials
present.
e) Provide supervision over contractors or employees employed by Subgrantee to
remove asbestos and lead from demolished or otherwise applicable structures.
t) Leave the demolished site clean, level and free of debris.
18
g) Notify the Grantee promptly of any unusual existing condition which hampers
the contractors work.
h) Obtain all required permits.
i) Provide addresses and marked maps for each site where water wells and septic
tanks are to be closed along with the number of wells and septic tanks located on
each site. Provide documentation of closures.
j) Comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (Public Law 94-163).
k) Comply with all applicable standards, orders, or requirements issued under
Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the
Clean Water Act (33 u.S. 1368), Executive Order 11738, and the u.S.
Environmental Protection Agency regulations (40 CFR Part 15 and 61). This
clause shall be added to any subcontracts.
1) Provide documentation of public notices for demolition activities.
19
ATTACHMENT "B"
Quarterly Report Form
Subgrantee: FIPS:
Disaster No.: FEMA-1785-DR State Grants Manager:
Representative: Telephone No.:
Quarterly Report Period: _ Jan.-March _ April-June _ July-Sept. _ Oct.-Dec.
Date Submitted:
Project Category Anticipated Percentage StatusIRemarksl.
Worksheet ofPA Completion of
Number & Assistance Date Project
Version Completed 1
1 Information is required for FEMA Quarterly Reporting by the Grantee.
2 Utilize this section to report potential delays, cost overruns or underruns, etc.
20
Attachment "C"
Certification Regarding
Debarment, Suspension, Ineligibility
and
Voluntary Exclusion
Subcontractor Covered Transactions:
1. The prospective subcontractor of the Sub grantee certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency.
2. Where the Subgrantee's subcontractor is unable to certify to the above statement, the
prospective subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
Name of Company
Street Address
City, State, Zip
Federal Employer Identification Number (FEIN)
By:
Signature
Date
Subgrantee's Name
Grantee Agreement Number
21
EXHIBIT 1
THE FOLLOWING FEDERAL RESOURCES ARE A WARDED TO THE RECIPIENT
UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one federal
program, provide the same information shown below for each federal program
and show total federal resources awarded.
Federal Program
Federal agency: Federal Emergency Management Agency, Public Assistance Program
Catalog of Federal Domestic Assistance title and number: 97.036
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL
RESOURCES AWARDED UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient represent more than one
Federal program, list applicable compliance requirements for each Federal
program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient will use funding to restore damaged or destroyed public facilities as authorized
in the FEMA/State Agreement, the Robert T. Stafford Act, Public Law 93-288, as
amended by Public Law 100.707; 44 CFR, Part 206.35 and applicable FEMA policies.
2. Recipient must be a local government and is subject to all administrative and financial
requirements as set forth in this Agreement.
NOTE: Instead of listing the specific compliance requirements as shown above,
the State awarding agency may elect to use language that requires the Recipient
to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. For example, for Federal Program 1, the language may state
that the Recipient must comply with specific laws, rules, or regulations that
pertain to how the awarded resources must be used or how eligibility
determinations are to be made. The state awarding agency, if practical, may
want to attach a copy of the specific law, rule, or regulation referred to.
NOTE: Section .400(d) ofOMB Circular A-133, as revised, and 9 215. 97(5) (a),
Florida Statutes., require that the information about Federal Programs and State
Projects included in Exhibit 1 be provided to the Recipient.
22