05/20/2009 Agreement
DA1VNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
June 3, 2009
TO:
Chief James Callahan
Emergency Services
A TTN:
FROM:
Jose Tezanos, Emergency Managemen:{J5nner
. I ^ /) c.afi'V
Isabel C. DeSantis, D. C. y(}Y-'
At the May 20, 2009, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of a Federally Funded Subgrant Agreement between Monroe
County and the State of Florida, Division of Emergency Management concerning the Severe
Repetitive Loss (SRL) Grant Program Contract Number: 09SR-47-11-54-01;
SRL-PJ-04-FL-2008-024 (Finigan) in the amount of $149,478.66; authorization to execute the
Severe Repetitive Loss Project Agreement between Monroe County and Lesley A. Finigan
Revocable Trust; and authorization for the County Administrator to execute any other required
documentation in relation to the application process.
Enclosed please find seven (7) duplicate originals of the subgrant agreement executed by
Monroe County. Please be sure that the sets marked "Monroe County Clerk's Office Original"
and "}';Ionroe County Finance Department's Original" are returned to this office. Also attached
are five (5) fully-executed duplicate originals of the Severe Repetitive Loss Agreement (SRL).
Should you have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
File ~
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SEVERE REPETITIVE LOSS PROJECT AGREEMENT
THIS SEVERE REPETITIVE LOSS PROJECT AGREEMENT (the Agreement) is
entered into by and between Monroe County, Florida, (hereinafter referred to as
the "County"), and the Lesley A. Finigan Revocable Trust dated 12/22/2004 clo
Leslie A. Finigan, Trustee, the property owner of 4 Beach Drive Saddlebunch
Kevs. Florida 33040 RE Number 00162200-000000 and legal description: BK B
L T 2 Bay Point Trailer Park First Addition Saddlebunch Keys PB4-9 OR 541-257
OR 1892-1490 DIC OR 1892-1492 OR 1908-1486 OR 2200-1504 I 06
(hereinafter referred to as the "Property Owner").
WHEREAS, the Florida Division of Emergency Management has received these
grant funds from the State of Florida, and has the authority to subgrant these
funds to the Property Owner upon the terms and conditions hereinafter set forth;
and
WHEREAS, the goals of the Severe Repetitive Loss (SRL) program include
assistance to the States and Communities for activities that will reduce the risk of
flood damage to structures insurable under the National Flood Insurance
Program (NFIP); and
WHEREAS, the County, on behalf of the Property Owner, has applied for and
had approved, SRL program funds (hereinafter "Program Funds"); and
WHEREAS, the Property Owner represents that he possesses the requisite
skills, knowledge, financial capability and experience to perform the severe
repetitive loss project and other activities as provided herein, now therefore;
FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS MADE AND AGREED UPON TO BE KEPT HEREIN, THE
COUNTY AND THE RECIPIENT DO MUTUALLY AGREE AS FOLLOWS:
(1) SCOPE OF WORK REPRESENTATION AND WARRANTIES:
The Property Owner shall fully perform the severe repetitive loss project
attached hereto as Attachment A-2 (herein the "Project"), in accordance
with the approved scope(s) of work indicated therein, the allocation of
funds indicated therein, and the terms and conditions of this Agreement.
Property Owner shall not deviate from the approved Project and the terms
and conditions of this Agreement. Property Owner shall comply with all
applicable codes and standards in performing the work tended under this
Agreement
Property Owner represents and warrants that the structure proposed for
assistance from this Agreement is currently covered by a flood insurance
policy, and shall remain so insured for the life of the property. Prooerty
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Owner further reoresents and warrants that the scooe of work for
structures receivina assistance under this Aareement is categorically
excluded from the National Environmental Policy act (NEPA) reauirements
according to 44 CFR. Dart 10.8(d)(3).
Enaineerina/Desian Conditions
Mitigation reconstruction, which is the demolition and rebuilding of
structures, is permitted when traditional elevation cannot be implemented.
The following conditions apply to all mitigation reconstruction (and second
story conversion projects, where noted):
a. Mitigation reconstruction and second story conversions will not be
eligible if the structure is located in a regulatory floodway or V Zone as
identified on the effective Flood Insurance Rate Map (FIRM), or within the
mapped limit of the 1 .5-foot breaking wave zone.
b. Mitigation reconstruction must be completed to at least the Base Flood
Elevation (BFE) in accordance with criteria established in the SRL 2008
Guidance available at
htto:/ /www. fema.gov/government/arant/srl/fy2008 .shtm.
c. Mitigation reconstruction activities must result only in an approximation
of the original square footage of the structure. The square footage of all
resulting structures shall be no more than 10 percent greater than that of
the original structure. The final square footage will be verified at the time
of subgrant closeout for compliance with this requirement.
d. The Property Owner shall submit to the County a Certificate of
Occupancy and Final Elevation Certificate for each structure in the project
to certify that the structure is code compliant. A copy of a recorded deed
for each property including mitigation reconstruction project deed
requirements shall also be submitted to the County. These documents
shall be submitted before closeout can be completed. If a subgrantee fails
to provide these documents, FEMA has the authority to recoup grant
funds provided for the project.
e. The Coastal Barrier Resources Act (COBRA) significantly limits the
availability of federal assistance in areas designated within the Coastal
Barrier Resources System. The Property Owner represents and warrants
that no funds from this Agreement will be utilized for activities in a COBRA
designated unit.
f. Please refer to the SRL 2008 Guidance available at
htto://www.fema.gov/aovernrnent/arant/sr1/2008.shtm for additional
requirements.
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In compliance with the SRL FY2008 Guidance, Section 3.4 Special Flood
Hazard Area (SFHA) Requirements, the following requirements apply to
any project to alter existing structures, to include mitigation reconstruction
and second story conversion projects that are sited within an SFHA:
a. When the project is implemented, all structures that will not be
demolished or relocated out of the SFHA must be covered by an NFIP
flood insurance policy to an amount at least equal to the project cost or to
the maximum limit of coverage made available with respect to the
particular property, whichever is less.
b. The Property Owner will legally record with the county or appropriate
jurisdiction's land records a notice that includes the name of the current
Property Owner (including book/page reference to record of current title, if
readily available), a legal description of the property, and the following
notice of flood insurance requirements: IIThis property has received
Federal hazard mitigation assistance. Federal law requires that flood
insurance coverage on this property must be maintained during the life of
the property regardless of transfer of ownership of such property.
Pursuant to 42 U.S.C. 5154a, failure to maintain flood insurance on this
property may prohibit the owner from receiving Federal disaster
assistance with respect to this property in the event of a flood disaster.
The Property Owner is also required to maintain this property in
accordance with the floodplain management criteria of 44 CFR 60.3 and
City/County Ordinance."
c. Applicants receiving assistance for projects sited in an SFHA will ensure
that the flood insurance requirements are met by requesting the
participating Property Owner(s) sign an Acknowledgement of Conditions
for Mitigation of Property in an SFHA with FEMA Grant Funds document
and providing the form to FEMA prior to award. This form is available on
the SRL Web site at:
httc:/Iwww.fema.gov/governmentlqrantlsfha conditions.shtm or from
FEMA Regional Offices. Properties that do not meet these requirements
will not be eligible to receive assistance under the SRL program.
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Environmental Conditions
a. The Applicant must follow all applicable state, local, and federal laws,
regulations, and requirements, and obtain (before starting project work)
and comply with all required permits and approvals. If start of project work
is delayed for a year or more after the date of this Agreement, then
coordination with and project review by appropriate regulatory agencies
must be redone.
b. Any change, addition, or supplement to the approved project scope of
work (SOW) that alters the project (including other work not funded by
FEMA, but done substantially at the same time) will require re-submission
of the application to FEMA for NEPA re-evaluation before starting project
work.
c. Construction vehicles and equipment used for this project shall be
maintained in good working order to minimize pollutant emissions. The
contractor will implement measures to prevent spillage or runoff of
chemicals, fuels, oils, or sewer-related wastes during project work.
d. Any hazardous materials found onsite, such as asbestos or lead-based
paint, will also be managed in accordance with all applicable state, local,
and federal laws and regulations.
(2) INCORPORATION OF LAW. RULES. REGULATIONS AND POLICIES
Both the Property Owner and the County shall be governed by applicable
State and Federal laws, rules and regulations, including but not limited to
those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution and shall end one (1) year
from the date of this Agreement, which time period may be extended by
mutual consent of the parties, but in no event later than December 30,
2011
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement.
Changes which are mutually agreed upon shall be valid only when
reduced to writing, duly signed by each of the parties hereto, and attached
to the original of this Agreement.
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(5) RECORDKEEPING. PROCUREMENT AND PROPERTY
MANAGEMENT
(a) All original records pertinent to this Agreement shall be retained by the
Property Owner for three (3) years following the date of termination of
this Agreement or of submission of the final close-out report by the
County, whichever is later, with the following exception:
If any litigation, claim or audit is started before the expiration of the
three (3) year period and extends beyond the three (3) year period, the
records will be maintained until all litigation, claims or audit findings
involving the records have been resolved.
(b) All records, including supporting documentation of all program costs,
shall be sufficient to determine compliance with the requirements and
objectives of the Budget and Scope of Work for Individual Residence
Attachment A-2 and all other applicable laws and regulations. The
Property Owner agrees to implement and maintain a record keeping
and financial management system sufficient to meet Federal
Emergency Management Agency (FEMA) and State of Florida financial
reporting requirements and to document that SRL funds have been
used in accordance with applicable laws.
(c) The Property Owner, its employees or agents including all
subcontractors or consultants to be paid from funds provided under
this Agreement shall allow access to his records at reasonable times to
the County, its employees or agents. "Reasonable" shall 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 limited to, auditors
retained by the County.
(d) The Property Owner shall comply with all terms and conditions
established 44 CFR, part 13.3b, and pertinent state and local laws
regarding the procurement of services, equipment and supplies. The
Property Owner shall also comply with the standards governing
property management established in 44 CFR, part 13.
(6) REPORTS
(a) Property Owner shall keep in close contact with the County and will
notify the County if any contact information or project circumstances
change. The County will issue official letters, call official meetings and
require documentation to be submitted on a periodic basis. Property
Owner will provide a prompt response to the County to ensure project
timelines are met and compliance with the state and federal
government are achieved.
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(b) If all required documentation and cooperation are not provided by the
Property Owner to the County, the County may withhold payments until
they are completed or may take such other action as set forth in
paragraph (10). The County may terminate the Agreement with the
Property Owner if documentation is not received within (30) days after
written notice from the County.
(c) Upon reasonable notice, the Property Owner shall provide such
additional Project updates or information as may be required by the
County. "Reasonable notice" shall be defined as ten (10) business
days.
(7) MONITORING
The Property Owner shall constantly monitor the project performance
under this Agreement to ensure that time schedules are being met, the
Scope of Work is being accomplished within specified time periods and
other performance goals are being achieved. Such a review shall be made
for each function or activity set forth in Attachment A -2 to this Agreement
and the terms and conditions of the Agreement. The County may perform
on-site or other types of Project monitoring as it deems necessary. Should
activities or deliverables be found to be insufficient in meeting the stated
terms of this contract, the County may request explanations, amendments
or further specifications to the submitted report to which the Property
Owner shall promptly respond.
(8) LIABILITY
The Property Owner agrees to be fully responsible for his own negligent
acts or omissions or tortuous acts. Nothing herein shall be construed as
consent by the County or a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
The Property Owner represents and warrants that hazardous and toxic
materials, if present at any locations where the project will be performed,
are at levels within regulatory limits and do not trigger action required by
federal, State or local laws or regulations. The Property Owner further
represents and warrants that household hazardous waste meeting the
definition set forth in 40 CFR shall be handled in a manner which meets all
Federal, state, and local laws and regulations. The Property Owner further
represents and warrants that the presence of any condition(s) or
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material(s) on site, which is subject to Federal, State, or local laws and
regulations (including but not limited to: above ground or underground
storage tanks or vessels, asbestos, pollutants, irritants, pesticides,
contaminants, petroleum products, waste, chemicals and septic tanks),
shall be handled and disposed of in accordance with the pertinent
requirements.
(9) GENERAL INDEMNIFICATION
The Property Owner agrees to and will at all time indemnify, save and hold
harmless the County from all liability and claims, demands, damages and
costs of every kind and nature, including attorney's fees at trial or
appellate levels, and all court costs arising out of injury to or death of
persons, and damages to any and all property, including loss of use
thereof, resulting from or in any manner arising out of the relationship with
the County, excepting only liability resulting from the sole negligence of
the County. The Property Owner shall, upon request from the County,
defend and satisfy any and all suits arising from its use of the premises.
(10) DEFAULT. REMEDIES. TERMINATION
(a) If any of the following events occur ("Events of Default"), all obligations
on the part of the County to make any further payment of funds hereunder
shall, if the County so elects, terminate, and the County may at its option
exercise any of the remedies set forth herein; the County may take any
payments or parts of payments after the happening of any Events of
Default without thereby waiving the right to exercise such remedies and
without becoming liable to make any further payment;
1. If any warranty or representation made by Property Owner in this
Agreement or any previous Agreement with the County shall at any
time be false or misleading in any respect, or if the Property Owner
shall fail to keep, observe or perform any of the terms or covenants
contained in this Agreement or any previous agreement with the
County, and has not cured such in timely fashion or is unable or
unwilling to meet its obligations thereunder;
2. If project funds from mortgage lenders or other sources are not
received because of defaults in the mortgages, construction loan
agreements or other loan documents used for the Property Owner's
funding of the project;
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3. If any reports required by this Agreement have not been
submitted to the County or have been submitted with incorrect,
incomplete or insufficient information;
4. If the Property Owner failed to perform and complete in a timely
fashion any of the Project work required under the Budget and
Scope of Work attached hereto as Attachment A;
5. If the necessary funds are not available to fund this Agreement
as a result of action by the County, Legislature, The State of Florida
Office of the Comptroller or the Office of Management and Budget.
(b) Upon the happening of an Event of Default, then the County may, at its
option, upon written notice to the Property Owner and upon the Property
Owner's failure to timely cure, exercise anyone or more of the following
remedies, either concurrently or consecutively, and the pursuit of anyone
of the following remedies shall not preclude the County from pursuing any
other remedies contained herein or otherwise provided at law or in equity;
1. Terminate this Agreement, provided that the Property Owner is
given at least fifteen (15) days prior to th.e written notice of such
termination. The notice shall be effective when placed in the United
States mail, postage prepaid by registered or certified mail-return
receipt requested to the address set forth in paragraph (11) herein;
2. Commence an appropriate legal or equitable action to enforce
performance of this Agreement;
3. Withhold or suspend payment of all or any part of a request for
payment;
4. Exercise any corrective or remedial actions, to include but not to
be limited to, requesting additional information from the Property
Owner to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to
advise that more serious measures may be taken if the situation is
not corrected, advising the Property Owner to suspend, discontinue
or refrain from incurring costs for any activities in question or
requiring the Property Owner to reimburse the County for the
amount of costs incurred for any items determined to be ineligible;
and
5. Exercise any other or remedies which may be otherwise
available under law.
(c) The County may terminate this Agreement for cause upon such written
notice as is reasonable under the circumstances. Cause shall include, but
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not be limited to, misrepresentation in the grant application; misuse of
funds; fraud; lack of compliance with applicable rules, laws and
regulations; failure to perform in a timely manner; and refusal by the
Property Owner to permit public access to any document, paper, letter or
other material forming part of the Project documents.
(d) The Property Owner shall return funds to the County if found in non-
compliance with laws, rules, and regulations governing the use of the
funds of this Agreement.
(e) This Agreement may be terminated by the written mutual consent of
the parties.
(f) Notwithstanding the above, the Property Owner shall not be relieved of
liability to the County by virtue of any breach of Agreement by the Property
Owner. The County may withhold any payments to the Property Owner,
from this or any other agreement between the Property Owner and the
County, for purpose of set-off until such time as the exact amount of
damages due the County from the Property Owner is determined.
(11) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in
writing, either by hand delivery or first class mail, certified mail or return
requested to the representative identified below and the said notification
attached to the original of this Agreement.
(b) The name and address of the County contract manager for this
Agreement is:
Jose Tezanos, Emergency Management Planner
Monroe County Emergency Management
490 63rd Street, Ocean, Suite 150
Marathon, Florida 33050-3961
Phone: (305) 289-6325
Fax: (305) 289-6333
Tezanos-iose@ monroecountv-fl.gov
(c) The name and address of the Property Owner responsible for the
administration of this Agreement is:
Lesley A. Finigan Revocable Trust dated 12/22/2004
Lesley A. Finigan, Trustee
4 Beach Drive
Saddlebunch Key, Florida 33040-6102
Phone: (305) 304-4077
Dale. finiaan @ kevsenergv.com
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(d) In the event that different representatives are designated by either
party after execution of this Agreement, notice of the name, title and
address of the new representatives will be rendered as provided in this
section.
(12) OTHER PROVISIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all
the information, representations and materials submitted or provided by
the Property Owner in the Application, in any subsequent submission or
response to the County 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 County and with thirty
(30) days written notice to the Property Owner, cause the termination of
this Agreement and the release of the County from all its obligations to the
Property Owner.
(b) 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
Monroe County. If any provision hereof is in conflict with any applicable
statute or rule or is otherwise unenforceable, then such provision shall be
deemed severable but shall not invalidate any other provision of this
Agreement.
(c) No waiver by Monroe County of any right or remedy granted hereunder
or failure to insist on strict performance by the Property Owner shall affect
or extend or act as a waiver of any other right or remedy of the County
hereunder, or affect the subsequent exercise of the same right or remedy
by the County for any further or subsequent default by the Property
Owner. Any power of approval or disapproval granted to the County under
the terms of this Agreement shall survive the terms and life of this
Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts - any
one of which may be taken as an original.
(13) FINANCIAL REQUIREMENTS
(a) The Property Owner agrees to maintain receipts and other documents
in order to account for the receipt and expenditure of funds under this
Agreement.
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(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 County, "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 Property Owner shall also provide the County with the records,
reports or financial statements upon request for the purposes of
auditing and monitoring the funds awarded under this Agreement.
(d) The Property Owner shall retain all financial records, supporting
documents, statistical records or any other documents pertinent to this
contract for a period of three (3) years after the state of submission of
the final expenditure report. However, if litigation or an audit has been
initiated prior to the expiration of the three (3) year period, the records
shall be retained until the litigation or audit findings have been
resolved.
(14) CONTRACTORS AND SUBCONTRACTORS
(a) If the Property Owner contracts or subcontr~cts any or all of the work
required under this Agreement, the Property Owner agrees to include
in the contract or subcontract a statement that the contractor or
subcontractor is bound by the terms and conditions of this Agreement
with the County.
(b) The Property Owner agrees to include in the contract or subcontract
that the contractor and/or subcontractor shall hold the County and
Property Owner harmless against all claims of whatever nature arising
out of the contractor or subcontractor's performance of work under this
Agreement.
(c) Contractual arrangements shall in no way relieve the Property Owner
of this responsibility to ensure that all funds issued pursuant to this
Agreement be administered in accordance with all state and federal
requirements.
(15) TERMS AND CONDITIONS
The Agreement contains all the terms and conditions agreed upon by
the parties.
(16) ASSURANCES
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The Property Owner shall comply witn any Statement of Assurances
incorporated as Attachment C
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their undersigned officials as duly authorized.
WITNESS:
BY: ~ t. JW!
Name: c.,.m~ A L. ~ LL
Date: t- UJ - ~
(SEAL}
Attest: DANNY L:KOLHAGE
CLERK OFMQNHOE COUNTY, FLORIDA
BY.~C.~
. Deputy Clerk % 9"07
BY:
Name:
Date:
BOARD OF COUNTY COMMISSIONERS
/J.-r~ ~4 'oJ~,e.<r
By
Mayor/Chairman
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Attachment A-2
BUDGET AND SCOPE OF WORK FOR INDIVIDUAL RESIDENCE
Property Owner: Lesley A Finigan Revocable Trust 11/22/2004
C/O Lesley A Finigan_Trustee
Property Address: 4 Beach Drive
Saddlebunch Key, FL 33040-6102
The Scope of Work for this project is a Mitigation Reconstruction where the
existing residence will be demolished and replaced with a Florida Division of
Emergency Management approved modular home that is elevated to two (2') feet
above the Base Flood Elevation. Mitigation reconstruction activities will result in
a new structure with no more than ten (10) percent greater square footage than
the original structure. The newly elevated structure will meet the minimum NFIP
regulations and all construction activities shall comply with applicable Federal,
State and Local Building Codes, Rules and Regulations.
Fundina Summary
Federal Share: $ 149,478.66 (900/0).
Local Share: $ 6.608.74 (100/0)
Project Cost: $ 166, 087.40
The Division of Emergency Management (DEM) shall reimburse eligible
costs for this project up to $ 149,478.66 (federal share).
The Property Owner must adhere to the following Environmental
conditions as part of the award:
1. The Property Owner must follow all applicable state, local, and federal
laws, regulations, and requirements, and obtain (before starting project
work) and comply with all required permits and approvals. If start of
project work is delayed for a year or more after the date of FEMA
Categorical Exclusion (CA TEX), then coordination with and project review
by appropriate regulatory agencies must be redone.
2. Any change, addition, or supplement to the approved project Scope Of
Work that alters the project (including other work not funded by FEMA, but
done substantially at the same time) will require re-submission of the
application to FEMA for NEPA re-evaluation before starting project work.
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3. Construction vehicles and equipment used for this project shall be
maintained in good working order to minimize pollutant emissions. The
contractor will implement measures to prevent spillage or runoff of
chemicals, fuels, oils, or sewer-related wastes during project work.
4. Any hazardous materials found onsite, such as asbestos or lead-based
paint, will also be managed in accordance with all applicable state, local
and federal laws and regulations.
As part of the closeout documentation, the Property Owner shall provide to
the department the following
1. Signed notices from the affected Property Owner in the SFHA that the
sub-grantee will record a Deed Notice applicable to their property, as
described in 3, below, and that they will maintain flood insurance. (A
model notice is attached to this revised budget and scope of work).
2. Verification that the Property Owner located within a SFHA has obtained
flood insurance on the structure within 60 days of completion of the
project.
3. Confirmation that the Property Owner has recorded a "Deed Notice" for
the project property located within a SFHA, that: "This property has
received Federal hazard mitigation assistance. Federal law requires that
insurance coverage on this property must be maintained during the life of
the property regardless of transfer of ownership of such property.
Pursuant to 42 U.S.C. 5154a, failure to maintain flood insurance on this
property may prohibit the owner from receiving Federal disaster
assistance with respect to this property in the event of a flood disaster.
The Property Owner is also required to maintain this property in
accordance with the flood plain management criteria of Title 44 of the
Code of Federal Regulations Part 60.3 and City/County Ordinance."
Eliaible Exoenditures
The categories outlined below are generally considered eligible for
reimbursement under the Severe Repetitive Loss Program. Only reasonable
eligible expenses may be reimbursed. The Property Owner shall provide the
County with a detailed listing of project expenditures, classified according to the
listed categories, as part of any request for payment. Any expenditure that does
not clearly fall under the specified categories shall be submitted to the County for
review and determination of funding eligibility under the Severe Repetitive Loss
Program.
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Preliminary cost estimates for this project have been provided to the
County, and those costs that are eligible have been incorporated into the
categories outlined below.
The amounts set forth below are estimates, and the County may allow the
Property Owner to exceed the estimates and be reimbursed for 1000/0 of
expenditures in a category, provided that the total reimbursement shall not
exceed $149,478.66 (federal share).
Federal Local
Eligible Cost Item Total Cost Share (900/0) Share
(10%)
Foundation (16x16x8 cbs columns) $10,875.00 $9787.50
$1087.50
Hurricane shutters $2,126.00 $1913.40
$212.60
Cantilevered AlC platform $350.00 $315.00
$35.00
Elevation Certificate $400.00 $40.00
$360.00
Demolition of existing mobile home $ 15, 000.00
$13500.00 $1500.00
DCA approved modular home $136,886.40 $13688.64
$123197.76
Engineer Report $450.00 $405.00
$45.00
TOTAL PROJECT COST $166, 087.40 $149, 478.66 $16, 608.74
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Attachment B
Program Statutes and Regulations
National Flood Insurance Program, Public Law 90-448, as amended (42 U.S.C.
994001-4129)
44 C.F.R. Parts 13 and 78
(1) OMS Circular No. A-11 0
(2) OMS Circular No. A-8?
(3) OMS Circular No. A-21
(4) OMS Circular No. A-122
(5) OMS Circular No. A-133
(6) Federal Acquisition Regulations 312 and 931.2
(7) Americans With Disabilities Act (Public Law 101-336, 42 U.S.C.
Section 121 01 ~)
(8) Cash Management Improvement Act of 1990
(9) Immigration and Nationality Act Section 274A(e)
(10) Chapter 119 Florida Statute
(11) Chapter 216 Florida Statute
(12) Chapter 768.28 Florida Statute
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Attachment C
Statement of Assurances
To the extent the following provisions apply to the award of assistance in this
Agreement, as determined by the awarding agency, the Property Owner hereby
assures and certifies that:
(a) He possesses legal authority to enter into this agreement, and to execute
the proposed program;
(b) No member of or delegate to the Congress of the United States, and no
Resident Commissioner, shall be admitted to any share or part of this
agreement or to any benefit to arise from the same. No member, officer,
or employee of the County or its designees or agents, no member of the
governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any
functions or responsibilities with respect to the program during his tenure
or for one year thereafter, shall have any interest direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed
. in connection with the program assisted under this agreement. The
Property Owner shall incorporate or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to
the pu rpose state above;
(c) The Property Owner warrants that he/it has not employed, retained or
otherwise had act on his/its behalf any former County officer or employee
in violation of Section 2 of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For
breach or violation of this provision the County may, in its discretion,
terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to
the former County officer or employee;
(d) All contracts between the Property Owner and any contractor or
subcontractor of any tier shall contain language stating that any costs
incurred after a notice of suspension or termination is received by the
County may not be funded with funds provided under this Agreement
unless previously approved in writing by Florida Department of Emergency
Management. All contracts shall contain provisions for termination for
cause or convenience and shall provide for the method of payment in such
event;
(e) Property Owner will comply with:
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(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; and
(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-half times
their basic wage rates for all hours worked in excess of the
prescribed work-week.
(f) Property Owner will comply with:
(1) 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 Property Owner 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 Property Owner, this assurance shall obligate the
Property Owner, 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;
(2) 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;
(3) 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;
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(g) The Property Owner agrees to comply with the Americans With Disabilities
Act (Public aw 101-336, 42 U.S.C. Section 12101 et seq.), where
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;
(h) The Property Owner 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, FS;
(i) Property Owner 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;
(j) Property Owner 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;
(k) Property owner 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 "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;
(I) Property Owner 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, II (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 Property Owner will be responsible for
conducting inspections to ensure compliance with these specifications by
the contractor;
(m) Property Owner 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
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Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.)
by:
(1) 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; and
(2) Complying with all requirements established by the State to
avoid or mitigate adverse effects upon such properties.
(3) 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, (PA)" which
addresses roles and responsibilities of Federal and State
entities in implementing Section 1 06 of the National Historic
Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
regulations in 36 CFR part 800.
(4) When any of Property Owner's projects funded under this
Agreement may affect a historic property, as defined in 36
CFR 800. (2)(e), the Federal Emergency Management
Agency (FEMA) may require Property Owner 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 Interior1s Standards
for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings 1992 (Standards), the Secretary of the
Interior1s 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, Property Owner 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.
(5) Property Owner agrees to notify FEMA and DEM if any
project funded under this Agreement will involve ground
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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 Property Owner on any feasible steps to be
accomplished to avoid any National Register eligible
archeological property or will make recommendations for the
development of a treatment plan for the recovery of
archeological data from the property.
If Property Owner 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". Property Owner 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 Property Owner to implement the
treatment plan. If either the Council or the SHPO object,
Property Owner shall not proceed with the project until the
objection is resolved.
(6) Property Owner shall notify DEM and FEMA as soon as
practicable: (a) of any changes in the approved scope of
work for a National Register eligible or listed property; (b) 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; (c) 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. Property Owner acknowledges that
FEMA may require Property Owner 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.
Property Owner further acknowledges that FEMA may
require Property Owner to take all reasonable measures to
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avoid or minimize harm to such property until FEMA
concludes consultation with the SHPO. Property Owner also
acknowledges that FEMA will require, and Property Owner
shall comply with, modifications to the project scope of work
necessary to implement recommendations to address the
project and the property.
(7) Property Owner acknowledges that, unless FEMA
specifically stipulates otherwise, it shall not receive funding
for projects when, with intent to avoid the requirements of
the PA or the NHPA, Property Owner intentionally and
significantly adversely affects a historic property, or having
the legal power to prevent it, allowed such significant
adverse affect to occur.
(n) Property Owner will comply with Title IX of the Education Amendments of
1972, as amended (20 U.S.C.: 1681-1683 and 1685 - 1686) which
prohibits discrimination on the basis of sex;
(0) Property Owner will comply with the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42
U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;
(p) Property Owner will comply with 523 and 527 of the Public Health Service
Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records;
(q) Property Owner will comply with Lead-Based Paint Poison Prevention Act
(42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in
construction of rehabilitation or residential structures;
(r) Property Owner will comply with the Energy Policy and Conservation Act
(P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state
Energy Conservation Plan adopted pursuant thereto;
(s) Property Owner will comply with the Laboratory Animal Welfare Act of
1966, 7 U.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;
(t) Property Owner will comply with Title VIII of the Civil Rights Act of 1968,
42 U.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;
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(u) Property Owner will comply with the Clean Air Act of 1955, as amended,
42 U.S.C. 7401-7642;
(v) Property Owner will comply with the Clean Water Act of 1977, as
amended, 42 U.S.C. 7419-7626;
(w) Property Owner will comply with the Endangered Species Act of 1973, 16
U. S. C. 1531 -1544;
(x) Property Owner will comply with the Intergovernmental Personnel Act of
1970,42 U.S.C. 4728-4763;
(y) Property Owner will assist the awarding agency in assuring compliance
with the National Historic Preservation Act of 1966, as amended, 16
U.S.C. 270;
(z) Property Owner will comply with environmental standards which may be
prescribed pursuant to the National Environmental Policy Act of 1969, 42
U.S.C.4321-4347;
(aa) Property Owner will assist the awarding agency in assuring compliance
with the Preservation of Archeological and Historical Preservation Act of
1966, 16 U.S.C. 469a, et seq;
(bb) Property Owner will comply with the Rehabilitation Act of 1973, Section
504, 29 U.S.C. 794, regarding non-discrimination;
(cc) Property Owner will comply with the environmental standards which may
be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C.
300f-300j, regarding the protection of underground water sources;
(dd) Property Owner will comply with the requirements of Titles II and III of the
Uniform Relocation Assistance and Property Acquisition Policies Act of
1970, 42 U.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;
(ee) Property Owner will comply with the Wild and Scenic Rivers Act of 1968,
16 U.S.C. 1271-1287, related to protecting components or potential
components of the national wild and scenic rivers system;
(ff) Property Owner 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
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Justice );
(gg) Property Owner will comply with the Coastal Barrier Resources Act of
1977,16 U.S.C. 3510;
(hh) Property Owner will assure project consistency with the approved State
program developed under the Coastal Zone Management Act of 1972, 16
U.S.C. 1451-1464; and
(ii) Property Owner will comply with the Fish and Wildlife Coordination Act of
1958; 16 U.S.C. 661-666.
(jj) With respect to demolition activities, Property Owner will:
1 . Create and make available documentation sufficient to demonstrate
that the Property Owner and its demolition contractor have
sufficient manpower and equipment to comply with the obligations
as outlined in this Agreement.
2. Return the property to its natural state as though no improvements
had ever been contained thereon.
3. Furnish documentation of all qualified personnel, licenses and all
equipment necessary to inspect buildings located in Property
Owner's jurisdiction to detect the presence of asbestos and lead in
accordance with requirements of the U.S. Environmental Protection
Agency, the Florida Department of Environmental Protection and
the County Health Department.
4. Provide documentation of the inspection results for each structure
to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by
Property Owner to remove asbestos and lead from demolished or
otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify OEM promptly of any unusual existing condition which
hampers the contractors work.
8. Obtain all required permits.
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9. 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.
10. 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).
11. 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.
12. Provide documentation of public notices for demolition activities.
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Attachment D
Notice to Property Ovvner: Funding
This is a cost-reimbursernent agreement. The County shall provide SRL funds to
mitigate the Recipient's home at 4 Beach Drive, Saddlebunch Keys, FL 33040 for
approxinlately $166,087.40 as described in Attachnlent A-2 to this Agreement.
The Property Owner shall be reimbursed for SRL eligible costs up to an amount
not to exceed $149,478.66 incurred in the satisfactory perfornlance of work
required to complete the Project. The Property Owner is responsible for a cash
or in-kind match from non-federal sources for 100/0 of the Project's local share up
to an amount not to exceed $16,608.74. This may include (1) Property Owner's
cash funds provided to contractors and consultants to carry out approved
mitigation activities; (2) cash funds provided by any non-federal source, and (3)
100/0 local match contribution can be made by Property Owner through in-kind
match.
Allowable costs shall be determined in accordance with the OMS Circular A-87,
44 Code of Federal ReQulations (CFR) Part 78, 44 CFR, Part 13, and other
applicable Severe Repetitive Loss (SRL) program guidance. The reimbursement
payment shall be provided subsequent to (1) satisfactory completion of the
Project; (2) submittal of required receipts; and (3) receipt of payment by the
County of Program Funds sufficient to fund all reimbursement projects in which
the County is participating from the State of Florida, Department of Emergency
Management. If, for any reason, the County does not receive sufficient funds
from such federal or State sources to fund the reimbursement contemplated
herein, in whole or in part, the County shall be obligated to the Property Owner
only for the Property Owner's pro rate share of allowable funds.
The final payment of funds will be made only after Project completion,
submission of all required documentation and a formal request for final payment.
Payment and retention of all funding under this Agreement is subject to final
review identifies payments for ineligible expenses, the Property Owner shall be
determined in non-compliance with this Agreement and funds shall be repaid or
recaptured.
In recognition that the Property Owner will have and receive full value and benefit
from the Project, the Property Owner waives any claim whatsoever to Project
funds not received by the County from other funding sources for any reason
including failure of the County to comply with program requirements, non-
appropriation or any other reason irrespective of the County's fault or negligence.
The amount of funding available for SRL activities is limited by the National Flood
Insurance Reform Act, 42 USC 4104c. The funding provided under this
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Agreelflent si-lall be considered in evaluating eligibility for future SRL funding
avvards.
Funds 111ay be recaptured frOlll the Property Owner by the County or FEMA in
the event of non-compliance with the terms and conditions of this Agreement.
The Property O\lvner consents and agrees that in the event of 8 final
deternlination of non-compliance, the Property Owner shall inlmediately remit
repayment of the ineligible expenses to the County. In the alternative, any other
funds due and payable to the Property Owner from either FEMA or the County
may be retained by the City or FEMA for purposes of recapture. Recapture may
result from any non-compliance, including but not limited to (1) failure to provide
the required matching funds; (2) failure to complete the Project within the
specified time or failure to complete the Project in accordance with applicable
provisions of this Agreement, FEMA regulations, or other applicable law or
guidance. Any Property Owner who has had funds recaptured under SRL shall
be ineligible for future funding for a period of five (5) years from the date the
funds were withdrawn.
The Coastal Barrier Resources Act (COBRA) significantly limits the availability of
Federal assistance in areas designated within the Coastal Barrier Resources
System. The Property Owner represents and warrants that no funds from this
Agreement will be utilized in a COBRA designated unit.
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