11-SL-42-11-54-01-260 11/17/2010DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: November 22, 2010
TO: James Callahan, Fire Chief
Emergency Management
ATTN: Jose Tezanos
FROM: Pamela G. Hanck�'C.
At the November 17, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Memorandum of Understanding for Expenditure of Recipient Funding from the 2008
Emergency Management Performance Grant (EMPG) between Monroe County and the Florida
Division of Emergency Management (FDEM), Contract Number: 11-NF-00-11-54-01-512 in the
amount of $4,994.02, grant funded and no county match, for purchase of one 800 MHZ radio for
the Emergency Management Department; and authorization for the County Administrator to
execute any other required documentation in relation to the application process. Enclosed are
five duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure
to return the fully executed Clerk's Original and Finance Copy.
Agreement with the State of Florida, Division of Emergency Management concerning a
Subgrant Agreement under the Severe Repetitive Loss (SRL) Grant program contract number:
11-SL-42-11-54-01; FEMA Number: SRL-PJ-04-FL-2008-025 awarded to Antonio Castillo for
mitigation reconstruction of residence after flood damage in the amount of $170,862.00 with no
county match required, and approval of Agreement between Monroe County and Antonio
Castillo; and authorization for the County Administrator to execute any other required
documentation in relation to the application process. Enclosed are four duplicate originals of the
Subgrant Agreement, executed on behalf of Monroe County, for your handling. Please be sure to
return the fully executed Clerk's Original and Finance Copy. There are five duplicate originals
of the Agreement with Mr. Castillo for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File /
Monroe County Clerk's Office Original
Contract Number: 11-SL-42-11-54-01-'Z 6
CFDA Number: 97.110
FEMA No.: SRL-Pi-04-FL-2008-025
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and, Monroe County
(hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution and shall end September 30, 2011, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal OMB Circulars:
States, local governments, and Indian Tribes follow:
• A-87 for Cost Principles, Relocated to 2 CFR, Part 225
• A-102 for Administrative Requirements, and
• A-133 for Audit Requirements
Educational Institutions (even if part of a State of Local government) follow:
• A-21 for Cost Principles, Relocated to 2 CFR, Part 220 t `D
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• A-110 for administrative requirements, Relocated to 2 CFR, Part 215, and
• A-133 for audit requirements
Non -Profit Organizations follow:
• A-122 for Cost Principles, Relocated to 2 CFR , Part 230 (362k(
• A-110 for Administrative requirements, Relocated to 2 CFR, Part 215, and
• A-133 for Audit requirements
If this Agreement is made with a commercial (for -profit) organization on a cost -reimbursement basis, the
Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
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 extends 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.
(c) The Recipient shall maintain all records for the Recipient 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 of the Budget
and Scope of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, 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 Division, 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 Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient 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.
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(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Department or the Division. 'Reasonable" shall
ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department 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 Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Division. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as revised.
An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB
Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the
Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB
Circular A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non -Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d),
OMB Circular A-133, as revised, by or on behalf of the Recipient to:
The Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.oarrish(&dca.state fl us1
.and
Division of Emergency Management
Bureau of Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by
submission online at:
htto://harvester.census clov/fac/collect/ddeindex html
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And to any 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 send
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 Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to auriIla.parrish(&dca.state.fl usl
and
Division of Emergency Management
Bureau of Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement 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) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division 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,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance.
Q) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The
audit must be received by the Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
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(c) The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports and information identified in
Attachment F.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above,
monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope
audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division or the
Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Division or the Department to the Recipient
regarding such audit. The Recipient further agrees to comply and cooperate with any inspections,
reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General. In addition, the Division will monitor the performance and financial management by the
Recipient throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortuous acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT
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If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Division may, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. Request additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. Issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. Advise the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4. Require the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
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(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Project Manager Name: Paige Johnson
Bureau Name: Mitigation
Division Name: Florida Division of Emergency Management
Address: 2555 Shumard Oak Blvd.
City, State, Zip: Tallahassee, Florida 32399
Telephone Number: (850) 413-9946
Fax Number: (850) 413-9857
Email Address: paige.iohnson(d)em.mvflorida com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
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CONTACT NAME Elf: oNmL �j ����
RECIPIENT NAME
ADDRESS
CITY, STATE, ZIP
Telephone:
Fax:
Email• . Wv
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined to (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
fully executed subcontract must be forwarded to the Division within ten days of execution for review and
approval- The Recipient agrees to include in the subcontract that (1) the subcontractor is bound by the
terms of this Agreement, 01) the subcontractor Is bound by all applicable state and federal laws and
regulations, and (111) the subcordractor shall hold the Division and Recipient harmless against all claims of
whatever nature edging out of the subcontractors performance of work under this Agreement, to the
extent slowed and required by law. The Recipient shall document In the quarterly report the
subcontractors progress in performing its work under this Agreement.
For each subcontract. the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority vendor, as defined In Section 288.703, IF a Sfet.
(16) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) &UAQdNMM
(a) AN attachments to this Agreement are Incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shah control, but only to the extent of
the conflict or Inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A — Budget and Scope of Work
Attachment B — Program Statutes and Regulations
Attachment C — Statement of Assurances
Attachment D — Request for Raimbursemerd
Attachment E — Justification of Advance
Attachment F — quarterly, Report Form
Attachment 0 — Warranties and Representations
Attachment H — Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
(17) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$170,862.00, subject to the availability of funds. All requests for reimbursement of administrative costs
must be accompanied by the back-up documentation evidencing all such administrative costs.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which maybe advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be submitted to the Division Contact in
accordance with Attachment E. Attachment E will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Request for Reimbursement should be submitted at least quarterly and should
include the support documentation for all costs of the project submitted on the Request for
Reimbursement. The supporting documentation must comply with the documentation requirements of
applicable OMB Circular Cost Principles. Attachment D must be completed and signed by an authorized
representative of the recipient. Any Requests for Reimbursement that fails to include Attachment D with
the supporting documentation may be returned or delayed in processing. Final invoice shall be submitted
60 days after the expiration date of the agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the
United States Congress, the federal Office of Management and Budgeting, the State Chief Financial
Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to
make any further payment of funds shall terminate, and the Recipient shall submit its closeout report
within thirty days of receiving notice from the Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Department of Community Affairs," and mailed directly to the Divisions Contact
listed above.
In accordance with Section 215.34(2), Fla. Stat., 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.
(19) MANDATED CONDITIONS
(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 Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
9
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(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 be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
(f) Those who have 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 $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, 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 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; 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;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(g)2. of this certification; and
4. 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.
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If the Recipient is unable to certify to any of the statements in this certification, then the
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile
transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And
Voluntary Exclusion" (Attachment H) for each intended subcontractor which Recipient plans to
fund under this Agreement. The form must be received by the Division before the Recipient
enters into a contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
Q) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida 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 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(o) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
(b) The Recipient 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 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 Recipient shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
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.
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
12
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
(23) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
IN WITNESS WHEREOF, the parties hereto have execute
RECIPIENT: Monr e C u
BY:
Name and ti O Heather Carruthers
Date: 404mber 17, 2010
FID# 59-6000749
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY: k7r . Q, r�
Name and Title: David Halstead, Director
Date
MO OE COUNTY ATTORNEY
A ROV D AS�O F R
aYN T HIA L. HALL
ASSISTANT COUNTY ATTORNEY
`ete t0- 2b- U(O
13
EXHIBIT -1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED 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 Emergency Management Agency, Flood Mitigation Assistance Grant
Program
Catalog of Federal Domestic Assistance Number: 97.110
Amount of Federal Funding: $170,862.00
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 is to use funding to perform the following eligible activities; include mitigation
projects that will result in protection of public or private property from natural hazards.
Eligible projects include, but are not limited to:
• Acquisition of hazard prone properties
• Retrofitting of existing buildings and facilities
• Elevation of flood prone structures
• Infrastructure protection measures
• Storm water management improvements
• Minor structural flood control projects
• Relocation of structures from hazard prone areas
• Retrofitting of existing buildings and facilities for shelters
• Vegetative managementlsoil stabilization
• Mitigation Planning Project
• Other projects that reduce future disaster losses
2. Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the 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) of OMB Circular A-133, as revised, and Section 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.
14
ATTACHMENT A-1 FEMA AWARD LETTER
October 2, 2008
Mr. Craig Fugate, Director
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Attention: Mr. Miles Anderson
Re: Severe Repetitive Loss grant program (SRL)
Project Approval: SRL-PJ-04-FL-2008-025
Monroe County
Dear Mr. Fugate:
It is my pleasure to confirm that the following project sub -grant has been approved through the SRL grant
program pursuant to the Congressional appropriations for Fiscal Year 2008. The revised Scope of Work
(SOW) and Budget submitted by the State for this SRL project sub -grant is approved subject to the
Conditions below. Please be advised that any proposed change in the list of participating properties or
project type represents an SOW change and must be approved by our office prior to issuance of a contract
or start of construction.
SRL-PJ-04-FL-2008-025 $ 170,862.00 $ 68,788.00 $ 239,650.00
Monroe County Repetitive Loss
Grant - Castillo (Mitigation
Reconstruction)
This letter constitutes programmatic approval for use of FY 2008 SRL funds. Sandra McNease,
Assistance Officer in our Thomasville Office, issued the financial award and documentation in support of
this approval through eGrants on September 25, 2008, and the State has accepted the award. The funds
have been obligated to the appropriate SmartLink account.
The CATEX for this project has been issued in eGrants. After a review of the proposed project and the
environment, and provided that the conditions listed below are met, it was determined that no
extraordinary circumstances, as defined in 44 CFR 10.8(d)(3), exist regarding this proposed project. The
following "conditions of approval' are placed on this project.
Engineering/Design 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):
1. 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 FIRM, or within the
15
mapped limit of the 1-5-foot breaking wave zone
2. Mitigation reconstruction must be completed to at least the BFE or an ABFE or higher if
required by any State or local ordinance, and in accordance with criteria established in the SRL
2008 Guidance available at htti)://www.fema.gov/govenu-nent/grant/srl/fv2Oo8.shtm.
3. 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.
4. The subgrantee shall submit to the Grantee 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 Grantee. In addition, a certification from a building
official or licensed design professional verifying that the structure was designed and constructed
to the minimum standard of the 2003 International Codes must be provided. 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.
5. Please refer to the SRL 2008 Guidance available at
htip://www.fema.gov/governrnent/grant/srl/2008.shtm for additional requirements.
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:
1. 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.
2. The subgrantee(or 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 booklpage reference to record of current title, if readily available), a legal description
of the property, and the following notice of flood insurance requirements: "This 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.
3. 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:
16
http://Www.fema.gov/government/grant/sfha 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.
Environmental Conditions
1. 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 CATEX,
then coordination with and project review by appropriate regulatory agencies must be redone.
2. Any change, addition, or supplement to the approved project 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.
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.
The terms and conditions of this award are provided in the Agreement Articles issued through
eGrants by Ms. McNease. Please review the Articles thoroughly and abide by all provisions.
Quarterly progress reports for SRL are required in accordance with 44 CFR 13.40. Please include this
project in future reporting. The Period of Performance (POP) for this award is three years,
September 25, 2008, through September 30, 2011. The (POP) for this sub -grant should be
documented on all correspondence submitted to this office concerning the sub -grant, in addition
to the quarterly report.
Thank you for submitting an application to the FY 2008 SRL grant program. If you have any questions,
please contact Gabriela Vigo of my staff at (229) 225-4546,.
Concurrence: SRR CES
Sincerely,
Clayton E. Saucier, Chief
Hazard Mitigation Assistance
Mitigation Division
17
Attachment A-2
BUDGET AND SCOPE OF WORK FOR INDIVIDUAL RESIDENCE
Property Owner: Antonio Castillo
Property Address: 28 Tarpon Lane
Key Largo, FL 33037 - 2923
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.
Funding Summary
Federal Share: $ 170,862.00 (90%).
Local Share: $ 68,788.00 (10%)
Project Cost: $ 239,650.00
The Division of Emergency Management (DEM) shall reimburse eligible costs for this project up
to $ 170,862.00 (federal share).
The recipient shall require the property owner to adhere to the following Environmental conditions
as part of the award.
1. 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 CATEX, 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.
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 recipient 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 sub -grantee 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,
18
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."
Eligible Expenditures
The categories outlined below are generally considered eligible for reimbursement under the
Severe Repetitive Loss Program. Only reasonable eligible expenses may be reimbursed. The Recipient
shall provide the Division 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 Division for review and determination of funding eligibility
under the Severe Repetitive Loss Program.
Preliminary cost estimates for this project have been provided to the Division, and those costs
that are eligible have been incorporated into the categories outlined below.
The amounts set forth below are estimates, and the Recipient may allow the Property Owner to
exceed the estimates and be reimbursed for 100% of expenditures in a category, provided that the total
reimbursement shall not exceed $170,862.00 (federal share).
Construction Project Costs:
Eligible Cost Item
Total Cost
Elevated foundation 15-16x16 columns
$40,250.00
DCA approved modular homes
$ 138 200.00
Demolition of existing structure
$ 9,800.00
Fill lot and grade
$ 11,900.00
Debris removal dum ster & cleanup fees
$ 3,720.00
Plumbing disconnect/reconnect
$1,500.00
Electrical disconnect/reconnect
$ 1,500.00
Tile, materials and labor
$ 9.600.00
Construction Project Cost Sub -Total
$ 216,470.00
Federal Share:
$ 150,000.00
Homeowner Share:
$ 66,470.00
Non -Construction Project Costs
Eligible Cost Item
Total Cost
SubApplicant Management Costs (5% of Project
subtotal
$ 11,412.00
Permits: Demo $550.00 & New home $1500.00
$ 2,050.00
Rent/storage costs while under construction 6 months
$ 9, 718.00
Non -Construction Project Cost Sub -Total
$23,180 .00
Federal Share:
$ 20,862.00
Homeowner Share:
$ 2518.00
Total Project Cost: $239,650.00
Total Federal Share: $ 170,862.00
Total Homeowner Share: $ 68,788.00
19
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the safety of
inhabitants before, during or after a natural or man made disaster.
The funding provided by the Division of Emergency Management (DEM) under this subgrant is only
intended to pay for the materials and labor for the installation of storm shutters and/or other hardening
activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the damage that
might otherwise occur from severe weather or other hazards. The funding of this project by the Division
in noway confers or implies any warranty of use or suitability for the modifications made or installed. The
State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including
but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a
particular purpose, merchantability, or merchantable quality.
This project has not been evaluated as meeting the standards of the Department of Homeland Security,
Federal Emergency Management Agency (FEMA) as outlined in the guidance manual, FEMA 361-Design
and Construction for Community Shelter. It is understood and agreed by the Division and the Recipient
that the building has vulnerabilities due to age, design and location which may result in damage to the
building even after the installation of the mitigation measures funded under this Subgrant Agreement. It is
further understood and agreed by the Division and the Recipient that this mitigation project is not intended
to make the building useable as a shelter for the Recipient's staff or any other citizens in the event of any
natural or man-made disaster.
20
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the FEMA Hazard Mitigation Assistance Grant Programs are
generally governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long-term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement
In addition to the above statues and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance
with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation
of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate
from the approved project and the terms and conditions of this Agreement. Recipient shall comply with
any and all applicable codes and standards in performing work funded under this Agreement, and shall
provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient and any
land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive
plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida
Statutes. Funds shall be expended for, and development activities and land uses authorized for, only
those uses which are permitted under the comprehensive plan and land development regulations. The
Recipient shall be responsible for ensuring that any development permit issued and any development
activity or land use undertaken is, where applicable, also authorized by the Water Management District,
the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game
and Fish Commission, and any federal, state, or local environmental or land use permitting authority,
where required. Recipient agrees that any repair or construction shall be in accordance with applicable
standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and
standards.
Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms with the approved plans and specifications
and will furnish progress reports and such other information to the State as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the
affected real property shall record in the public records of the county where it is located the following
covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from
which a structure will be removed pursuant to the project:
The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
21
2. No new structure will be erected on property other than:
(a) a public facility that is open on all sides and functionally related to a
designated open space;
(b) a restroom; or
3. A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
4. After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and
5. If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMA Contract Manager will evaluate requests for cost overruns and submit to the Regional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to an
HMA Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in
the NEPA process. For HMGP project, you are reminded that no construction may occur in this phase
that a full environmental review must be completed prior to funding Phase Il.
As a reminder, the Recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
For construction projects, the grantee must "obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13 (c));
A change in the scope of work must be approved by FEMA in advance regardless of the
budget implications; and
The Recipient must notify the State as soon as significant developments become known,
such as delays or adverse conditions that might raise costs or delay completion, or favorable
conditions allowing lower cost or earlier completion. Any extensions of the period of
performance must be submitted to FEMA 60 days prior to the project expiration date.
ADDITIONAL REGULATIONS
The Recipient assures that it will comply with the following statues and regulations, to the extent
applicable:
1) 53 Federal Register 8034
2) Federal Acquisition Regulations 31.2 and 0931.2
3) Section 1352, Title 31, US Code
4) OMB Circulars A-21, A-87, A-110, A-122
5) Chapter 473, Florida Statutes
6) Chapter 215, Florida Statutes
7) Section 768.28, Florida Statutes
8) Chapter 119, Florida Statutes
9) Section 216.181(6), Florida Statutes
10) Cash Management Improvement Act Of 1990
11) American with Disabilities Act
12) Section 112.061, Florida Statutes
13) Immigration and Nationality Act
14) Section 286.011, Florida Statutes
15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part 66, Common rule,
16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
17) Title I of the Omnibus Crime Control and Safe Streets Act of 1968.
18) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
19) 28 CFR applicable to grants and cooperative agreements
20) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
21) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
22) Section 504 of the Rehabilitation Act of 1973, as amended;
23) Subtitle A, Title If of the Americans with Disabilities Act (ADA) (1990);
24) 28 CFR Part 42, Subparts C,D,E, and G
25) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
23
Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Recipient certifies that:
(a) It possesses legal authority to enter into this Agreement, and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (DEM), including all understandings and assurances contained in it,
and directing and authorizing the Recipient's chief administrative officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit. No member, officer, or
employee of the Recipient 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 the locality or localities who
exercises any functions or responsibilities with respect to the program during his tenure or for one
year after, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds, for work be performed in connection with the program assisted under this Agreement.
The Recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose state above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for
eligible contract work completed prior to the date the notice of suspension of funding was
received by the Recipient. Any cost incurred after a notice of suspension or termination is
received by the Recipient may not be funded with funds provided under this Agreement unless
previously approved in writing by the Division. All Recipient contracts shall contain provisions for
termination for cause or convenience and shall provide for the method of payment in such event;
(e) It will comply with:
(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) It 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
Recipient 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
Recipient, this assurance shall obligate the Recipient, 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
24
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 pay or other
forms of compensation; and election for training and apprenticeship;
(g) 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, FS;
(h) 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;
0) 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;
Q) 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 "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;
(k) 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
Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(I) 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-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 106 of
the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
regulations in 36 CFR part 800.
(4) When any of Recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency
25
Management Agency (FEMA) may require Recipient 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, Recipient 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) Recipient 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 Recipient 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 Recipient 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". Recipient 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 Recipient to implement the treatment plan. If
either the Council or the SHPO object, Recipient shall not proceed with the
project until the objection is resolved.
(6) Recipient shall notify the Division 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. Recipient
acknowledges that FEMA may require Recipient 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. Recipient further
acknowledges that FEMA may require Recipient to take all reasonable measures
to avoid or minimize harm to such property until FEMA concludes consultation
with the SHPO. Recipient also acknowledges that FEMA will require, and
Recipient shall comply with, modifications to the project scope of work necessary
to implement recommendations to address the project and the property.
(7) Recipient 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, Recipient intentionally and significantly adversely affects
a historic property, or having the legal power to prevent it, allowed such
significant adverse affect to occur.
26
(m) It 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;
(n) It 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;
(o) It 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;
(p) It 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;
(q) It 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;
(r) It 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;
(s) It will comply with Title Vill 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;
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(v) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(z) It 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;
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
(bb) It 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;
(cc) It 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. 46214638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs;
(dd) It 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;
(ee) 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);
27
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(gg) It 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
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient
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 Recipient'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 Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Division promptly of any unusual existing condition which hampers the
contractors work.
8. Obtain all required permits.
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.
28
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
SEVERE REPETITIVE LOSS GRANT PROGRAM FUNDS
RECIPIENT NAME: Monroe County
ADDRESS: 490 63rd Street, Ocean Suite 150
CITY, STATE, ZIP CODE: Marathon, Florida 33050-3961
PAYMENT No:
FEMA Tracking Numbers: SRL-PJ-04-FL-2008-025
DEM Agreement No: 11-SL-42-11-54-01-
Invoice Period: to
Eligible
Amount
100%
Obligated
Federal
90%
Obligated
Non -Federal
10%
Previous
Pa ments
Current
Request
DEM Use Only
Approved
Comments
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the above accounts are correct, and that all
disbursements were made in accordance with all conditions of the Division agreement and payment is
due and has not been previously requested for these amounts.
RECIPIENT SIGNATURE
NAME AND TITLE
DATE:
TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
29
Attachment D
(continued)
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
SEVERE REPETITIVE LOSS GRANT PROGRAM
Applicant: Monroe County
DEM Agreement No: 11-SL-42-11-54-01- FEMA Tracking # SRL-PJ-04-FL-2008-025
Applicant's
Reference No.
(Warrant, Voucher,
Claim Check, or
Schedule No.)
Date of delivery
of articles,
completion of
work or
performance
services.
DOCUMENTATION
List Documentation (Applicant's payroll, material out of
applicant's stock, applicant owned equipment and name
of vendor or contractor) by category and line item in the
approved project application and give a brief description
of the articles or services.
Applicant's
Eligible Costs
100
TOTAL
30
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is
requested, budget data on which the request is based must be submitted. Any advance payment under this
Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed
the expected cash needs of the recipient within the initial three months.
L-1 NO ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
ADVANCE REQUEST WORKSHEET
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
If you are requesting an advance, complete the following worksheet.
(A)
(B)
(C)
(D)
DESCRIPTION
FFY
FFY
FFY
Total
2010-2011
2011-2012
2012-2013
1 INITIAL CONTRACT ALLOCATION
FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
Divide line 2 b line 1.
'First Mt
ree moot s expenaltures need on y be providedor t e years inw is you requestedan
advance. If you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell D3 HMGP Award
(Do not include match)
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
MAXIMUM
ADVANCE
[� Recipient has no previous HMGP contract history. Complete Estimated Expenses chart
and Explanation of Circumstances below.
L_1 Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances
below. Attach additional pages if needed.
KI
ESTIMATED EXPENSES
BUDGET CATEGORY
2010-2011
Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
32
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
SEVERE REPETITIVE LOSS GRANT PROGRAM
QUARTERLY REPORT FORM
RECIPIENT: Monroe County Project Number # SRL-PJ-04-FL-2008-025
PROJECT LOCATION: 490 63 d Street, Ocean Suite 150, Marathon, FL 33050
DEM ID #: 11-SL-42-11-54-01- QUARTER ENDING:
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July -Sep, 20_$ Oct -Dec, 20_$ Jan -Mar, 20_$ Apr -June, 20_$
July -Sep, 20_$ Oct -Dec, 20_$ Jan -Mar, 20_$ Apr -June, 20_$
Percentage of Work Completed (may be confirmed by state inspectors):
Project Proceeding on Schedule: [ ] Yes [ ] No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status: [ ] Cost Unchanged L ] Under Budget [_] Over Budget
Additional Comments/Elaboration:
NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at
any time. Events may occur between quarterly reports, which have significant impact upon your
project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as
soon as these conditions become known, otherwise you may be found non -compliant with your subgrant
award.
Name and Phone Number of Person Completing This Form
33
Attachment G
Warranties and Representations
Financial Management
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all such assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation..
Competition.
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
34
Attachment H
Certification Regarding
Debarment,Suspension,Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, , 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 Recipient's contractor is unable to certify to the above statement,the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
By
Signature Recipient's Name
Name and Title Division Contract Number
Street Address
City,State,Zip
Date
35
SEVERE REPETITIVE LOSS PROJECT AGREEMENT
THIS SEVERE REPETITIVE LOSS PROJECT AGREEMENT ( "Agreement") is
entered into by and between Monroe County, Florida, (hereinafter referred to as
the "County"), and Mr. Antonio Castillo, the property owner of 28 Tarpon Avenue
Key Largo, Florida 33037-2923, RE# 0051035-000000, otherwise known as Lot
19, Block 2, Revised Amended Plat of Riviera Village, according to the plat
thereof recorded in Plat Book 2, Page 80 of the Official Records of Monroe
County, Florida (hereinafter referred to as the "Recipient").
WITNESSETH:
WHEREAS, the Division of Emergency Management has received certain grant
funds from the State of Florida, and has the authority to subgrant these funds to
the Recipient 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; and
WHEREAS, the County, on behalf of the Recipient, has applied for and had
approved, SRL program funds (herein "Program Funds"); and
WHEREAS, the Recipient 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 Recipient 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.
Recipient shall not deviate from the approved Project and the terms and
conditions of this Agreement. Recipient shall comply with all applicable
codes and standards in performing the work tended under this Agreement
Recipient 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. Recipient
further represents and warrants that the scope of work for structures
receiving assistance under this Agreement is categorically excluded from
the National Environmental Policy act (NEPA) requirements according to
44 CFR, part 10.8(d)(3).
Engineering/Design 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 FIRM, or within the mapped limit of the 1.5-foot
breaking wave zone.
b. Mitigation reconstruction must be completed to at least the BFE or an
ABFE or higher if required by any State or local ordinance, and in
accordance with criteria established in the SRL 2008 Guidance available
at http://www.fema.gov/government/grant/srl/fy2OO8.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 subgrantee shall submit to the Grantee 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 Grantee. In addition, a certification from a
building official or licensed design professional verifying that the structure
was designed and constructed to the minimum standard of the 2003
International Codes must be provided. 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 Recipient represents and warrants that no
funds from this Agreement will be utilized for activities in a COBRA
designated unit.
2
f. Please refer to the SRL 2008 Guidance available at
http://www.fema.gov/governrnent/grant/srl/2008.shtm for additional
requirements.
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 subgrantee (or 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: "This 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:
!ittp://www.fema.go)t/government/granttsfha 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.
Environmental Conditions
3
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
lis delayed for a year or more after the date of this Agreement, then
coordination with and project review by appropriate regulatory agencies
imust be redone.
Ib. Any change, addition, or supplement to the approved project 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
Ito 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 Recipient 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 or no 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.
(5) RECORDKEEPING, PROCUREMENT AND PROPERTY
MANAGEMENT
(a) All original records pertinent to this Agreement shall be retained by the
Recipient for three (3) years following the date of termination of this
4
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
Recipient 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 Recipient, 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, and Monroe County Public Works Division.
(d) The Recipient 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 Recipient shall
also comply with the standards governing property management
established in 44 CFR, part 13.
(6) REPORTS
(a) Recipient 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. Recipient will
provide a prompt response to the County to ensure project timelines
are met and compliance with the state and federal government are
achieved.
(b) Recipient shall provide three (3) identical sets of documentation
supporting reimbursement claim. These documents should include, but
are not limited to, invoices, vendors cashed checks, certificates, or any
5
other documentation deemed necessary by the County to support
claim.
(c) Reimbursement requests will first be submitted to the State agency for
review, approval and disbursement of funds. Once the County receives
these funds they will be forwarded along with one (1) set of claim
documentation to the County Finance Department for processing and
reimbursement to Recipient.
(d) If all required documentation and cooperation are not provided by the
Recipient 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 Recipient if
documentation is not received within thirty (30) calendar days after
written notice from the County.
(e) Upon reasonable notice, the Recipient shall provide such additional
Project updates or information as may be required by the County within
ten (10) business days.
(7) (MONITORING
'The Recipient 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 Recipient
shall promptly respond.
(8) LIABILITY
The Recipient 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 Recipient 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 Recipient 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 Recipient further represents and
warrants that the presence of any condition(s) or 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 Recipient 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 Recipient 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 Recipient in this
Agreement or any previous Agreement with the County shall at any
time be false or misleading in any respect, or if the Recipient 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 Recipient's
funding of the project;
7
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 Recipient 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 Recipient and upon the Recipient's
failure to timely cure, exercise any one or more of the following remedies,
either concurrently or consecutively, and the pursuit of any one 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 Recipient is given at
least fifteen (15) days prior to the 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 Recipient 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 Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the
Recipient 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
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
Recipient to permit public access to any document, paper, letter or other
material forming part of the Project documents.
(d) The Recipient 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 Recipient shall not be relieved of
liability to the County by virtue of any breach of Agreement by the
Recipient. The County may withhold any payments to the Recipient, from
this or any other agreement between the Recipient and the County, for
purpose of set-off until such time as the exact amount of damages due the
County from the Recipient 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 iriginal 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@monroecounty-fl.gov
(c) The name and address of the Representative or the Recipient
responsible for the administration of this Agreement is:
Antonio Castillo
28 Tarpon Avenue
Key Largo, Florida 33037-2923
Phone: (305) 910-5490
(d) In the event that different representatives are designated by either
party after execution of this Agreement, notice of the name, title and
E
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 Recipient 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) calendar days written notice to the Recipient, cause the termination
of this Agreement and the release of the County from all its obligations to
-the Recipient.
i(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
:statue 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 Recipient 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 Recipient. 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 Recipient agrees to maintain receipts and other documents in
order 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 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.
10
(14)
(c) The Recipient 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 Recipient 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 date 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.
;SUBCONTRACTORS
(a) If the Recipient subcontracts any or all of the work required under this
Agreement, the Recipient agrees to include in the subcontract that the
subcontractor is bound by the terms and conditions of this Agreement
with the County.
(b) The Recipient agrees to include in the subcontract that the
subcontractor shall hold the County and Recipient harmless against all
claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement.
�(c) Contractual arrangements shall in no way relieve the Recipient 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 with respect to the subject matter hereof and supersedes
any and all prior Agreements with respect to such subject matter. This
Agreement can never be amended except in a writing signed by both
parties.
11
3 WHEREOF, the parties have caused this Agreement to be
their undersigned officials as duly authorized.
iy L. Kolhage, Clerk
Deputy Clerk
TWO OWITNESSES
r 1-��/ �► � � e
Print Name
Date: ��0 • z /G
Board of County Commissioners
of Monroe County
ayor/ hairman
Date: NOV 1 7 2010
Antonio Castillo
Q. �' ( I-J�Z
Date:
_�_�. �3 -
(2) SUS�nio t/�2
Print Name
Date: 0 L-29 D
MONR
QE COUNT'( ATTORNEY
AP OVE AS R
Cff NTWA L. HALL
ASSISTA T t G�U�JTY, OQTORNEY
+� GG
Left blank intentionally
12
Attachment A-2
BUDGET AND SCOPE OF WORK FOR INDIVIDUAL RESIDENCE
Property Owner: Antonio Castillo
Property Address: 28 Tarpon Avenue
Key Largo, FL 33037 - 2923
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.
Funding Summary
Federal Share: $
Homeowner Share:
Project Cost: $
170,862.00 (90%).
$ 68,788.00 (10%)
239,650.00
'The Division of Emergency Management (DEM) shall reimburse eligible costs for this
project uip to $ 170,862.00 (federal share).
'The recipient shall require the property owner to adhere to the following Environmental
conditions as part of the award.
1. "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 CATEX, 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.
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 recipient shall provide to the department the
following
13
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 sub -grantee 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."
Eligible fExpenditures
'The categories outlined below are generally considered eligible for reimbursement under
the Severe Repetitive Loss Program. Only reasonable eligible expenses may be reimbursed.
The Recipient shall provide the Division 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 Division for review and
determination of funding eligibility under the Severe Repetitive Loss Program.
Preliminary cost estimates for this project have been provided to the Division, and those
costs that are eligible have been incorporated into the categories outlined below.
"The amounts set forth below are estimates, and the Recipient may allow the Property
Owner to exceed the estimates and be reimbursed for 100% of expenditures in a category,
provided that the total reimbursement shall not exceed $170,862.00 (federal share).
Construction Project Costs:
Eligible Cost Items
Total Cost
Elevated foundation 15-16x16 columns
$40, 250.00
DCA approved modular homes
$ 138, 200.00
Demolition of existing structure
$ 9, 800.00
Fill lot and grade
$ 11, 900.00
Debris removal dum ster & cleanup fees
$ 3, 720.00
Plumbing disconnect/reconnect
$1, 500.00
Electrical disconnect/reconnect
$ 1, 500.00
Tile, materials and labor
$ 9, 600.00
Construction Project Cost Sub -Total
$ 216, 470.00
Federal Share:
$ 150,000.00
Homeowner Share:
$ 66, 470.00
14
Non -Construction Project Costs
Eligible Cost Item
Total Cost
SubApplicant Management Costs (5% of Project
subtotal
$ 11, 412.00
Permits: Demo $550.00 & New home $1500.00
$ 2, 050.00
Rent/storage costs while under construction 6 months
$ 9, 718.00
Non -Construction Project Cost Sub -Total
$23, 180 .00
Federal Share:
$ 20, 862.00
Homeowner Share:
$ 2, 318.00
Total Project Cost: $239, 650.00
Total Federal Share: $170, 862.00
Total Homeowner Share: $ 68, 788.00
15
Attachment B
Program Statutes and Regulations
National Flood Insurance Program, Public Law 90-448, as amended (42 U.S.C.
§§4001-4129)
44 C.F.R. Parts 13 and 78
(1)
OMB Circular No. A-110
1(2)
OMB Circular No. A-87
1(3)
OMB Circular No. A-21
(4) OMB Circular No. A-122
(5) OMB Circular No. A-133
(6) Federal Acquisition Regulations 312 and 931.2
(7) American's With Disabilities Act (Public Law 101-336, 42 U.S.C.
Section 12101 seq.)
(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
16
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 Recipient hereby assures and certifies that:
(a) He possesses legal authority to enter into this agreement, and to execute the proposed
program;
(b) If a governmental agency or business entity: Its governing body has duly adopted or
passed as an official act a resolution, motion or similar action authorizing the execution of
the hazard mitigation agreement with the Division of Emergency Management (DEM),
including all understandings and assurances contained therein, and directing and
authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in
connection with the application and to provide such additional information as may be
required;
(c) 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 Recipient 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 Recipient shall incorporate or cause to be incorporated, in all
such contracts or subcontracts a provision prohibiting such interest pursuant to the
(purpose state above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source,
shall contain language to provide for termination with reasonable costs to be paid by the
(Recipient for eligible contract work completed prior to the date the notice of suspension of
funding was received by the Recipient. Any cost incurred after a notice of suspension or
termination is received by the Recipient may not be funded with funds provided under this
,Agreement unless previously approved in writing by DEM. All Recipient contracts shall
contain provisions for termination for cause or convenience and shall provide for the
method of payment in such event;
(e) It will comply with:
(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) It 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
17
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 Recipient 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 Recipient, this assurance shall obligate the Recipient, 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 pay or other forms of compensation; and election for
training and apprenticeship;
(g) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-
336, 42 U.S.C. Section 12101 et seg.), 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) 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, FS;
(i) 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;
(j) 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;
(k) 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
"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) 11 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
EU
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 Recipient will be responsible for conducting inspections to
ensure compliance with these specifications by the contractor;
(m) 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-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 106 of the National
Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
regulations in 36 CFR part 800.
(4) When any of Recipient'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 Recipient 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,
Recipient 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) Recipient agrees to notify FEMA and DEM 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
W�
will advise Recipient 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 Recipient 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". Recipient 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 Recipient to implement the treatment
plan. If
either the Council or the SHPO object, Recipient shall not proceed with
the project until the objection is resolved.
(6) Recipient 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. Recipient acknowledges that
FEMA may require Recipient 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. Recipient
further acknowledges that FEMA may require Recipient to take all
reasonable measures to avoid or minimize harm to such property until
FEMA concludes consultation with the SHPO. Recipient also
acknowledges that FEMA will require, and Recipient shall comply with,
modifications to the project scope of work necessary to implement
recommendations to address the project and the property.
(7) Recipient 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, Recipient intentionally
and significantly adversely affects a historic property, or having the legal
power to prevent it, allowed such significant adverse affect to occur.
(n) It 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;
(o) li 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) It 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) It 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
sttructures;
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(r) It 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) It 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) It will comply with Title Vill 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;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(y) It will assist the awarding agency in assuring compliance with the National Historic
(Preservation Act of 1966, as amended, 16 U.S.C. 270;
(z) It 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) It 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) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding
non-discrimination;
(cc) It 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) It 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) It 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) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738
(violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO
112898 (Environmental Justice);
(99) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(hh) It will assure project consistency with the approved State program developed under the
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Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(ii) Ilt will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
(jj) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the
Recipient 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 Recipient'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 Recipient to
remove asbestos and lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify DEM promptly of any unusual existing condition which hampers the
contractors work.
B. Obtain all required permits.
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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