Item C49
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 10-18-00
Division: Public Works
Department: Engineering
Bulk Item: Yes X
No
AGENDA ITEM WORDING: Approval to enter into a grant agreement with the Federal Emergency
Management Agency (FEMA) for unmet needs at the Florida Keys Marina, Marathon, more particularly,
replacement of the roof and installation of a generator, and authorization for Mayor to execute same,
pending legal review.
ITEM BACKGROUND: An application was submitted to FEMA indicating the need for an upgraded
roof and generator so that our marina can be better used during hurricane recovery. It could serve the
needs of the community in Boot Key Harbor. The project cost is $130,000 with FEMA paying 75%
($97,500), the state paying 12.5% ($16,250) and the County paying 12.5%.
PREVIOUS RELEVANT BOCC ACTION: None
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST: $130.000.00
BUDGETED: Yes X NO
Cost to County: $16.250.00
REVENUE PRODUCING: YES
NO
AMOUNT PER MONTH
YEAR
Item Prepared by:
Risk Management
APPROVED BY:
David
ti..fh~ ~
Dent Pierce, Division ector
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To follow
Not required
j-CLjq
DISPOSITION:
AGENDA ITEM #
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Contract Number:0IUN-6Q-II-54-15-011
CFDA Number: 83.548
DISASTER RELIEF FUNDING AGREEMENT
This Agreement is between the State of Florida, Department of Community Affairs (the
"Department"), and Monroe County (the "Recipient"). This Agreement is based on the existence
of the following conditions:
Hurricane Mitch had a devastating impact upon the State of Florida.
The severity of the damage and losses resulted in a declaration of emergency by the
Governor in Executive Order 98-232.
In consequence of Hurricane Mitch, the President of the United States declared Hurricane
Mitch a major emergency in FEMA-1259-DR-FL, Monroe County.
The Agreement between the State of Florida and the Federal Emergency Management
Agency (the "Agency") governing the use of such funds requires th~-State to share the costs
eligible for federal financial assistance, and the State has undertaken to share those costs with its
Subgrantees.
Chapter 00-166, Fla. Laws, in Specific Appropriations 1259-Mitch-1406N appropriates
funds for Hurricane Mitch.
Under the Emergency Management Act, as amended, the Department has authority to
administer federal financial assistance from the Agency consequent to a presidential declaration
of disaster.
Based upon the existence of the foregoing conditions, the parties agree to the following:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment B.
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(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end twenty-four
(24) months from the date of execution, unless terminated earlier in accordance with the
provisions of paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT: REPAYMENTS
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.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to
the Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with S 215.34(2), Fla. Stat., if a check or other draft is returned to the
Department for collection, the Department must add to the amount of the check or draft a
service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the
check or draft.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to
the federal "Common Rule: Uniform Administrative Requirements for State and
Local Governments" (53 Federal Register 8034) or OMB Circular No. A-llO,
"Grants and Agreements \\lith Institutions of High Education, Hospitals, and Other
Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles
for State and Local Governments," OMB Circular No. A-21, "Cost Principles for
Educational Institutions," or OMB Circular No. A-122, "Cost Principles for
Nonprofit Organizations." 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) All original records pertinent to this Agreement shall be retained by the Recipient
for three years following the date of termination of this Agreement or of
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submission of the final close-out report, whichever is later, with the following exceptions:
I. If any litigation, claim or audit is started before the expiration of the three
year period and extends beyond the three year period, the records will be
maintained 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 of acquisition shall be retained for three years
after fmal disposition.
3. Records relating to real property acquisition shall be retained for three
years after closing of title.
(c)
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 - 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 Department, its employees, and agents.
"Reasonable" shall be construed according to the circumstances but ordinarily
shall mean duringnormal business hours of8:00 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 Department.
(6) REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly reports,
and with a close-out report.
(b) Quarterly reports are due to be received by the Department no later than 30 days
after the end of each quarter of the program year and shall continue to be
submitted each quarter until submission of the administrative close-out report.
The ending dates for each quarter of the program year are March 30, June 30,
September 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement.
(d) If all required reports and copies, prescribed above, are not sent to the Department
or are not completed in a manner acceptable to the Department, the Department
may withhold further payments until they are completed or may take such other
action as set forth in paragraph (9). The Department may terminate the
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Agreement with a Recipient if reports are not received within 30 days after
written notice by the Department. "Acceptable to the Department" means that the
work product was completed in accordance with generally accepted principles and
is consistent with the Budget and Scope of Work.
(e) Upon reasonable notice, the Recipient shall provide such additional program
updates or information as may be required by the Department.
(f) The Recipient shall provide additional reports and information as identified in
Attachment G.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Budget and Scope of Work is being accomplished
within specified time periods, and other performance goals are being achieved. Such
review shall be made for each function or activity set forth in Attachment A to this
Agreement.
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this
agreement, and shall save the Department harmless against all claims of whatever
nature by third parties arising out of the performance of work under this
agreement. For purposes of this agreement, Recipient agrees that it is not an
employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or
tortious acts which result in claims or suits against the Department, and agrees to
be liable for any damages proximately caused by said acts or omissions. 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.
(9) DEFAULT: REMEDIES: TERMINATION.
(a) If the necessary funds are not available to fund this agreement as a result of action
by Congress, the state Legislature, the Office of the Comptroller or the Office of
Management and Budgeting, or if any of the following events occur ("Events of
Default"), all obligations on the part of the Department to make any further
4
payment of funds hereunder shall, if the Department so elects, terminate and the
Department may, at its option, exercise any of its remedies set forth herein, but
the Department may make 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 the Recipient in this Agreement
or any previous Agreement with the Department 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 Department and has not cured such in
timely fashion, or is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial
condition revealed in any reports filed or to be filed with the Department,
and the Recipient fails t.o cure said material adverse change within thirty
(30) days from the time the date written notice is sent by the Department.
,
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or
insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any
of the services required under the Budget and Scope of Work attached
hereto as Attachment A.
(b) Upon the happening of an Event of Default, then the Department may, at its
option, upon written notice to the Recipient and upon the Recipient's failure to
timely cure, exercise anyone or more of the following remedies, either
concurrently or consecutively, and the pursuit of anyone of the following
remedies shall not preclude the Department 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
thirty (30) days prior written notice of such termination. The notice shall
be effective when placed in the United States mail, first class mail, postage
prepaid, by registered or certified mail-return receipt requested, to the
address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance
of this Agreement;
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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 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 Department for the amount of
costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise available
under law;
(c) The Department may terminate this Agreement for cause upon such written notice
as is reasonable under the circumstances. Cause shall include, but not be limited
to, 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 subject to
disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice
of administrative hearing rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance
with laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The
Department may, to the extent authorized by law, withhold any payments to the
Recipient for purpose of set-off until such time as the exact amount of damages
due the Department from the Recipient is determined.
(10) 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 identified below at the address set forth below and said
notification attached to the original of this Agreement.
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(b) The name and address of the Department contract manager for this Agreement is:
Mr. Miles Anderson, Planning Manager
Bureau of Recovery and Mitigation
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Flori~2399-;;00
Telephone: (85 22-44 ~
Fax: (850) 922-1259
~ 2- -'I eft.! ~
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mr. David Koppel, Engineer
Monroe County
5100 College Road
Key West, Florida 33040
Telephone: (305) 292-4426
Fax: (305) 295-4321
,
(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 rendered as provided in (lO)(a) above.
(11) 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 this Agreement, in any subsequent submission or response to Department
request, or in any submission or response to fulfill the requirements of this
Agreement, and such information, representations, and materials are incorporated
by reference. The lack of accuracy thereof or any material changes shall, at the
option of the Department and with thirty (30) days written notice to the Recipient,
cause the termination of this Agreement and the release of the Department 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 lie in Leon County. If
any provision hereof is in conflict with any applicable statute or rule, or is
otherwise unenforceable, then such provision shall be deemed null and void to the
extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
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(c) No waiver by the Department 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 Department hereunder, or affect the
subsequent exercise of the same right or remedy by the Department for any further
or subsequent default by the Recipient. Any power of approval or disapproval
granted to the Department 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, anyone 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 D.S.C. Section 12101 et seq.), if applicable, which prohibits
discrimination by public and private entities on the basis of disability in the areas
of employment, public accommodations, transportation, State and local
government services, and in telecommunications.
(f)
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not
transact business with any public entity in excess of Category Two for a period of
36 months from the date of being placed on the convicted vendor or
discriminatory vendor list.
(
(g) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this agreement from the federal government, the
Recipient 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 three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local)
transaction or contract under public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery,
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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 11(g)2. of this certification; and
4. have not within a three-year period preceding this agreement had one or
more public transactions (federal, state or local) terminated for cause or
default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this agreement.
(12) AUDIT REOUIREMENTS.
(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.
(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 Department.
"Reasonable" shall be construed according to circumstances, but ordinarily shall
mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday
through Friday.
(c) The Recipient shall also 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) In the event that the Recipient expends $300,000 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 indicates Federal funds awarded through the Department by
this agreement. In determining the Federal awards expended in its fiscal year, the
Recipient shall consider all sources of Federal awards, including Federal funds
received from the Department. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB
Circular A-l33, as revised. An audit of the Recipient conducted by the Auditor
General in accordance with the provisions OMB Circular A-l33, as revised, will
meet the requirements of this part.
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In connection with the above audit requirements, the Recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB
Circular A-l33, as revised.
If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions ofOMB Circular A-I33, as revised, is not
required. In the event that the Recipient expends less than $300,000 in Federal awards in
its fiscal year and elects to have an audit conducted in accordance with the provisions of
OMB Circular A-I33, as revised, the cost of the audit must be paid from non-Federal
funds (i.e., the cost of such an audit must be paid from Recipient funds obtained from
other than Federal entities).
1. The annual financial audit report shall include all management letters and
the Recipient's response to all findings, including corrective actions to be
taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by
sponsoring agency and Agreement number.
f
3. Copies of audit reports for audits conducted in accordance with OMB
Circular A-I33, as revised, and required by subparagraph (d) above shall
be submitted, when required by Section .320 (d), OMB Circular A-133, as
revised, by or on behalf of the Recipient directly to each of the following:
(a) The Department at each of the following address:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Attn: Ted J Sauerbeck
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
(b) The Federal Audit Clearinghouse designated in OMB Circular A-
133, as revised (the number of copies required by Sections
.320(d)(1) and (2), OMB Circular A-B3, as revised, should be
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4.
(e)
(t)
(g)
submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
(c) Other Federal agencies and pass-through entities in accordance
with Sections .320 (e) and (t), OMB Circular A-l33, as revised.
Pursuant to Section .320(t), OMB Circular A-133, as revised, the
Recipient shall submit a copy of the reporting package described in
Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department at the following program
address:
f
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
In the event the audit shows that the entire funds disbursed hereunder, or
any portion thereof, were not spent in accordance with the conditions of
this Agreement, the Recipient shall be held liable for reimbursement to the
Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the
Department has notified the Recipient of such non-compliance.
The Recipient shall retain all financial records, supporting documents,
statistical records, and any other documents pertinent to this contract for a
period of three years after the date of submission of the final expenditures
report. However, if litigation or an audit has been initiated prior to the
expiration of the three-year period, the records shall be retained until the
litigation or audit findings have been resolved.
The Recipient shall have all audits completed by an independent certified
public accountant (IP A) who shall either be a certified public accountant
or a public accountant licensed under Chapter 473, Fla. Stat. The IPA
shall state that the audit complied with the applicable provisions noted
above.
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(h) The audit is due seven (7) months after the end of the fiscal year of
Recipient or by the date the audit report is issued by the state Auditor
General, whichever is later.
(i) An audit performed by the State Auditor General shall be deemed to
satisfy the above audit requirements.
(13) SUBCONTRACTS.
If the Recipient subcontracts any or all of the work required under this Agreement, a copy
of the executed subcontract must be forwarded to the Department within thirty (30) days
after execution of the subcontract. The Recipient agrees to include in the subcontract that
(i) the subcontractor is bound by all applicable state and federal laws and regulations, and
(ii) the subcontractor shall hold the Department and Recipient harmless against all claims
of whatever nature arising out of the subcontractor's performance of work under this
Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be
controlling, but only to the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Budget and Scope of Work
Program Statutes and Regulations
Copyright, Patent, and Trademark
Statement of Assurances
Request for Advance or Reimbursement Form
Summary of Documentation
Quarterly Report Form
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(16) 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 the amounts listed in Attachment A, subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to s. 216.181 (15), Florida
Statutes. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months, based upon the funds
being equally disbursed throughout 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. Ifan advance
payment is requested, the budget data on which the request is based and a
justification statement shall be included in this Agreement as Attachment F.
Attachment F 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.
~
( 17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) 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.
(b) If otherwise allowed under this Agreement, the Agreement may be
renewed on a yearly basis for a period of up to two (2) years after the
initial agreement or for a period no longer than the term of the original
agreement, whichever period is longer, specifying the terms under which
the cost may change as determined in the invitation to bid, request for
proposals, or pertinent statutes or regulations.
(c) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel
expenses shall be submitted in accordance with s. 112.061, Fla. Stat.
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(e) The Department of Community Affairs reserves the right to unilaterally
cancel this Agreement for refusal by the Recipient to allow public access
to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds
under this Agreement, any interest income shall either be returned to the
Department or be applied against the Department's obligation to pay the
contract amount.
(g) 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
D.S.C. Section 1324a(e) [Section 274A(e) ofthe Immigration and
Nationality Act ("INA")]. The Department shall consider the employment
by any contractor of unauthorized aliens a violation of Section 274A(e) of
theINA. 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 Departmen{
(18) LOBBYING PROHIBITION.
(a) No funds or other resources received from the Department in connection with 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
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(19)
f
(20)
this Federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representative 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.
COPYRIGHT. PATENT AND TRADEMARK.
If applicable to this Agreement, refer to Attachment C for terms and conditions relating to
copyrights, patents and trademarks.
LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its
governing body has authorized, by resolution or otherwise, the execution and acceptance
of this Agreement with all covenants and assurances contained herein. The Recipient
also certifies that the undersigned possesses the authority to legally execute and bind
Recipient to the terms of this Agreement.
(21) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment D.
15
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
Recipient:
MONROE COUNTY
BY:
Name and title:
Date:
FEID#
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
r
Name and Title:
Date:
16
Attachment A~
Budget and Scope of Work
The Subgrantee, Monroe County, serves as a home base for the Boot Key Harbor
live-aboard community. The proposed project has two components. First the project will
provide a roofing system that will resist hurricane force winds. Second, a generator and
fuel tank will be i~stalled. With these two components the building can be used for post
disaster recovery.
This is FEMA Unmet Need project 1259-13.
Fundin!! Summa", for Phase I:
Federal Share: $ 25,151.00
State Share:- $ 4,192.00-
Local Match: $ 4,192.00
Project Cost: $ 33,535.00
Fundin!! Summa", for Phase II:
Federal Share: $ 72,349.00
State Share: $ 12,058.00
Local Match: $ 12,058.00
Project Cost: $ 96,465.00
Total Project Cost: S 130,000.00
A-I
Pf 6j{ J-
f..ect ShoJ.,.e... S\.-oJz S~~ L 0 (C~ Sho..v -t T ~ C.O St-
I Marathon Community $97,500 $16,250 $16,250 $130,000
Marina .
Funds will be made available in the State's Smartlink account and this will be detailed in a
separate mailing. Enclosed is a copy of each project's environmental review.
By accepting the award, the State assumes certain administrative responsibilities including the
timely submission of progress and financial reports and ~he maintenance of a minimum level of
cash on hand. Quarterly progress reports on all projects funded should reflect the status and
completion date of each project and should contain information as to any problems or
circumstances affecting completion dates, scope of work or project costs which are expected to
result in non-compliance with the approved grant conditions.
Copies of the completed quarterly reports should be submitted to:
Lawrence Frank
Federal Emergency Management Agency
Mitigatio.n Division
3003 Chamblee-Tucker Road
Atlanta, Georgia 30341
.'
(
And:
Sandra McNease
Federal Emergency Management Agency
Federal Regional Center
402 South Pinetree Boulevard
Thomasville, Georgia 31792
If you have any questions concerning this action, please contact Lawrence Frank at (770) 220-
5438.
Sincerely,
~Zk~~
~/
A. Todd Davison, Director
Mitigation Division
Enclosures
A-2
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FEDERAL EMERGENCY MANACEMENT AGENCY
Region IV
3003 Cbamblee-Tucker Road
Atlanta, Georgia 30341
September 28, 1998
SUBJECT: Group Categorical Exclusion for Repairs, Reconstruction, Restoration, Elevation,
Basement Floodproofmg. RetrofitLing and/or Upgrading of StrUctures
FL DR 1249 Unmet Needs Program
FEMA proposes to partially fund repairs, reconstruction, restoration,elevation, basement
floodproofing, retrofitting and/or upgrading of structures, including homes, buildings, roads,
bridges, ,?ulverts, and utility lines andJacilities. These actions (projects) may qualify for FEMA
assistance programs to reduce disaster-related losses and damages and threats to public health
and safety.
Actions that qualify for FEMA funding under FL DR 1249 Unmet Needs fit within the exclusion
categories defined in 44 CFR ~ 10.8 (d)(2)(xiv) through (xvi), and meet the additional criteria
defined below are categorically excluded from preparation of an Environmental Assessment or
an Environmental Impact Statement.
44 CFR ~ 10.8 (d)(2){xiv):
"Granting of community-wide exceptions for floodproofed residential basements meeting
the requirements of 44 CFR 960.6 (c) under the National Flood Insur.mce Program;"
44 CFR ~ 10.8 (d)(2)(xv):
"Repair, reconstruction, restoration, elevation, retrofitting, upgrading to current
codes and standards. or replacement of any facility in a manner that substantially
conforms to the preexisting design, function. and location;"
44 CFR 9 10.8 (d)(2)(xvi):
"Improvements to existing facilities and the construction of small scale hazard
mitigation measures in existing developed areas with substantially completed
infrastTUcmre, when the immediate project area has already been disturbed, and
when those actions do not alter basic functions, do not exceed the capacity of
other system components, or modify intended land use; provided the operation of
the completed project will not, of itself, have an adverse effect on the quality of
the human environment.
A-3
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Group CATEX #'& 14-16
FL DR 1249 Unmet Needs
Page 2 of3 .
September 28, 1998
For FL DR. 1249 Unmet Needs, the following criteria must also be met to qualify for this
exclusion:
1. Docwnentation that no extraordinary circwnstances, as defined in 44 CFR 9 10.8 (d)(3), exist
in relation to the action.
2. All required State and/or Federal wetlands, watCIWays, stormwater, water quality, and other
letters or permits have been obtained or will be obtained before project work starts.
3. The action win not notably change the hydrology or hydraulics upstream or downstream
from the project site.
4. No State- or Federally-listed threatened or endangered species are present or use the habitat
in the project area.
5. The structure must remain substantially within the existing footprint and conform to standard
industry practices for design and construction.
6. The work must remain within the previous horizontal and verticallirnits of disturbance.
7. No known cultural resources are present and there is a low probability of unknown cultural
resources.
8. If the structure is listed or eligible to be listed on the National Register of Historic Places, the
applicant must consult with the State Historic Preservation Officer before initiating work.
9. Hazardous or toxic materials, if present, are at levels within the regulatory limits not
triggering action by Federal, State or local laws or regulations. (Household hazardous waste
meeting the definition set forth at 40 CFR is to be handled in a manner which meets all the
Federal, State and local laws and regulations.)
10. The presence of any condition or any material on site, that is regulated, is to be managed.
handled and disposed orin accordance with Federal, State and local laws and regulations
(e.g., underground tanks, asbestos, septic tanks).
For each action proposed under this Group Categorical Exclusion (CA TEX), send either extracts
of or the entire project file to the FEMA Region IV Regional Environmental Officer (REO). The
materials that are sent should include the project location, nature and method of work, and
certification (letters, permits, etc.) that each of the above criteria have been met. Upon review
and approval, the REO will append this Group CA TEX and the action will be deemed to have
fulfilled the requirements of National Environmental Policy Act and may be funded if otherwise
eligible.
A-4
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Group CATEX #'s 14.16
FL DR 1249 Unmet Needs
Page 3 of3
. September 28, 1998
Group CA TEX Approved:
t?hg' Gcr
William R. traw Date
Regional Environmental Officer
Recommended:
;.k
\'2.':)~ ') \t- .
This Group CA TEX Applies To: FEMA FL DR 1~. Unmet Needs - Marathon Community
M~na _ installation of Emer~encv Power ~~Qi;~d Community Buildini Roof Retrofits
~~'~.tr
Regional Environmental Officer
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A-5
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Attachment B
Pro~ram Statutes and Re~lations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) 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 D of this Agreement
B-1
Attachment C
Copyrieht. Patent and Trademark
(a) If the Recipient brings to the performance of this Agreement 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 arises or is developed in the course of or as a result of work
or services performed under this Agreement, or in any way connected herewith, the
Recipient shall refer the discovery or invention to the Department for a determination
whether patent protection will be sought in the name of the State of Florida. Any and all
patent rights accruing under or in connection with the performance of this Agreement are
hereby reserved to the State of Florida. In the event that any books, manuals, films, or
other copyrightable material are produced, the Recipient shall notify the Department.
Any and all copyrights accruing under or in connection with the performance under this
Agreement are hereby transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she f
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 so disclosed.
Failure to disclose will indicate that no such property exists. The Department shall then,
under Paragraph (b), have the right to all patents and copyrights which occur during
performance of the Agreement.
C-l
Attachment D
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) It possesses legal authority to enter into this agreement, and to execute 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 grant agreement with the
Department, 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 froill the same. No member, officer, or employee ofthe 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 the Department. All Recipient
contracts shall contain provisions for termination for cause or convenience and shall
provide for the method of payment in such event;
D-l
(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 subjecteq to discrimination under any program
or activity for which the Recipient receives Federal financial assistan~e 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 payor other forms of compensation; and election for
training and apprenticeship;
D-2
(g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-
336,42 U.S.c. Section 12101 et seq.), where applicable, which prohibits discrimination by
public and private entities on the basis of disability in the areas of employment, public
accommodations, transportation, State and local government services, and in
telecommunications;
(h) 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
f
Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements
regarding the purchase offlood 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 ofloan, grant, guaranty, insurance payment, rebate,
subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal
assistance;
(1) 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 Accessability 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 Subgrantee 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 US.c. 469a~l, 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
D-3
(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 Department of Community
Affairs and the Advisory Council on Historic Preservation, (P A)" which
addresses roles and responsibilities of Federal and State entities in
implementing Section 106 of the National Historic Preservation Act (NHP A),
16 V.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 ofthe Interior's Guidelines for
Archeological Documentation (Guidelines) (48 Fed~ral 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 Department 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.
D-4
(6)
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 Councilor the SHPO
object, Recipient shall not proceed with the project until the objection is
resolved.
Recipient shall notify the Department 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 P A or the NHP A, 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 of1972, as amended (20 D.S.C.:
1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(0) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970, (42 D.S.C. 4521-45-94) relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;
D-5
Marathon Community $97,500 I $16,250 $16,250 $130,000
Marina .
Funds will be made available in the State's Smartlink account and this will be detailed in a
separate mailing. Enclosed is a copy of each project's environmental review.
By accepting the award, the State assumes certain administrative responsibilities including the
timely submission of progress and financial reports and the maintenance of a minimum level of
cash on hand. Quarterly progress reports on all projects funded should reflect the status and
completion date of each project and should contain information as to any problems or
circumstances affecting completion dates, scope of work or project costs which are expected to
result in non-compliance with the approved grant conditions.
Copies of the completed quarterly reports should be submitted to:
Lawrence Frank
Federal Emergency Management Agency
Mitigatio.n Division
3003 Chamblee-Tucker Road
Atlanta, Georgia 30341
And:
Sandra McNease
Federal Emergency Management Agency
Federal Regional Center
402 South Pinetree Boulevard
Thomasville, Georgia 31792
If you have any questions concerning this action, please contact Lawrence Frank at (770) 220-
5438.
Sincerely,
~ 2- .J:~1
(f/
A. Todd Davison, Director
Mitigation Division
Enclosures
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August 14,2000
o
h~~~
~tJI1 ?, ~l\U
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Federal Emergency ManageD)ent Agency
Region IV
3003 Chamblee-Tucker Rd
Atlanta, GA 30341
Mr. Joseph F. Myers, Director
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Attention: Shirley Collins
~ ;:-~
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D~a'r Mn ~rs:
,; L'J _,.
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:=1 am ~se(fto inform you that the Federal Emergency Management Agency (FEMA) has
~gr~mted:fin.aT approval for the following Unmet Needs projects:
L'- _ a
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2?;:.: .~?:12~-01'
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~J € lI49-33
c '
t.: . . 1~9-04
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. 1259-05
. 1259-13
PHASE I: Bay County Treasure Palms Drainage including design,
Engineering, and acquisition of2 homes
Middle Keys Guidance Clinic Wind Retrofit*
Jupiter Shallow Well Emergency Generators
Jupiter Hazard Mitigation Data Collection
Marathon Community Marina
* Please note that the ScopeufWork for this project changed to a wind retrofit and was
subsequently eligible.
These projects were previously granted conditional approval pending the environmental review.
The environmental reviews have been completed and the projects may now proceed. The award
is pursuant to the authority of Public Law 106-31 (liThe Emergency Supplemental
Appropriations Act"), and is subject to the Agreement Articles. The award is also contingent
upon fulfillment of the terms and conditions defined within this correspondence. The amount of
the award for each project is shown in the table below. The State and local governments have
agreed to provide the match amount shown in the table below.
Proiect Federal Share State Share Local Share Total Cost
Bay Co. Treasure Palms $200,625 $33,438 $33,437 $267,500
Drainage, I
Middle Keys Guidance $42,750 $7,125 $7,125 $57,000
Clinic Wind Retrofit
Jupiter Shallow Well $90,000 $15,000 $15,000 $120,000
Generators
Jupiter Hazard Mitigation $121,312 $20,219 $20,219 $161,749
Data Collection
~~_'-~'r.' -..
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(P) It will comply with 523 and 527 of the Public Health Service Act of1912 (42 US.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 V.S.c. : 4821 etseq.) which
prohibits the use oflead based paint in construction of rehabilitation or residential structures;
(r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 V.S.c. 6201-
6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto;
(s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 V.S.c. 2131-2159,
pertaining to the care, handling, and treatment of warm blooded animals held for research,
teaching, or other activities supported by an award of assistance under this agreement;
(t) It will comply with Title VIII of the Civil Rights Act of 1968,42 V.S.c. 2000c and 423601-
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 V.S.c. 7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended, 42 V.S.C. 7419-7626;
(w) It will comply with the Endangered Species Act of 1973, 16 V.S.C. 1531-1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970,42 V.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 V.S.C. 270;
(z) It will comply with environmental standards which may be prescribed pursuant to the
National Environmental Policy Act of 1969,42 V.S.C. 4321-4347;
(aa) It will assist the awarding agency in assuring compliance with the Preservation of
Archeological and Historical Preservation Act of 1966, 16 V.S.C. 469a, et seq;
(bb) It will comply with the Rehabilitation Act of 1973, Section 504,29 V.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 V.S.C. 300f-300j, regarding the protection of
underground water sources;
D-6
(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;
(ft) It will comply with the following Executive Orders: EO 11514 (NEP A); EO 11738
(violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO
12898 (Environmental Justice);
(gg) 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
Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(ii) It 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.
D-7
6. Leave the demolished site clean, level and free of debris.
7. Notify the Department 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.
D-8
Attachment E
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
Request for Advance or Reimbursement of Funds
Under the Unmet Needs Program
SUBGRANTEE NAME: Monroe County
DECLARATION NO: FEMA-1259-DR-FL
ADDRESS:
CITY, STATE, ZIP CODE
PAYMENT No:
DCA AgreementNo:01UN-60-11-54-15-011
FEMA Tracking Number: 1259-013
Eligible Obligated Obligated Obligated Previous Current DCA Use Only
Amount FEMA State Local Payments Request
100% 75% Match Match Approved Comments
12.5% 12.5%
TOTAL CURRENT REQUEST $
I cenify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with "
conditions of the DCA agreement and payment is due and has not been previously requested for these amounts.
SUBGRANTEE SIGNATURE
NAME AND TITLE
DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST
$
GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
E-l
Attachment F
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DMSION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
UNMETNEEDSPROGRAM
Applicant Monroe County
Disaster No.1259
DCA Agreement No 01UN-60-11-54-15-011
FEMA Tracking # 1259-0 13
Applil:lllfs Reference No. Date of delivery of DOCUMENT A nON Applil:lllt's
(WII1alIt, Voucher, Claim articles. completion of List Docwnenwion (AppliCllll's payroll, material out of applicant's Slock, applicant Eligible COSIs
Check. or Schedule No.) work or penonnance owned equipmenland name of vendor or contractor) by category and line item in 100%
services. the approved project application and give a brief description of the articles or
SCT\ices.
,
,
TOTAL
F-l
Attachment G
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DMSION OF EMERGENCY MANAGEMENT
QUARTERLY REPORT FORM
SUBGRANTEE: Monroe County
Project Number #:1259-013
PROJECT LOCATION: RoofinlZ/Generators
DCA ID #:
0IUN-60-11-54-15-011
DISASTER NUMBER: FEMA-DR-1259-FL
QUARTER ENDING:
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
[] Under Budget
[ ] Over Budget
Additional CommentslElaboration:
NOTE: Department of Community Affairs (DCA) staff may perfonn 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 DCA 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
G-l