Item C35
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 20, 2009
Division: Emergency Services
Bulk Item: Yes ~
No
Department: Emergency Management
"",
Staff Contact Person: Jose Tezanos
AGENDA ITEM WORDING: Approval of an agreement with the State of Florida, Division of
Emergency Management concerning a Subgrant Agreement under the Severe Repetitive Loss (SRL)
Grant program contract number: 09SR-47-11-54-01- SRL-PJ-04-FL-2008-024 (Finigan) in the amount
of $149,478.66; approval of agreement between Monroe County and Lesley A Finigan Revocable
Trust; and authorization for the County Administrator to execute any other required documentation in
relation to the application process.
ITEM BACKGROUND: This is a grant agreement between the State of Florida, Division of
Emergency Management and Monroe County. The grant is intended to provide assistance to states and
communities for activities that will reduce the risk of flood damage to structures insurable under the
National Flood Insurance Program. The recipient, Lesley A Finigan Revocable Trust (owner), will be
responsible for the implementation and completion of the elevation project in accordance with
Attachments A, A-I, and A-2 (Budget and Scope of Work). All work must be performed in
accordance with all applicable planning, permitting and building requirements of Monroe Ca.unty.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEl\1ENT CHANGES: None
ST AFF RECOMMENDATIONS: Approval of both agreements. A revenue cost center is requested
fromOMB.
TOT AL COST:
NONE
BUDGETED: Yes
No----X
COST TO COUNTY:
NONE
SOURCE OF FUNDS:
Grant
REVENUE PRODUCING: Yes _ rl~~X AMOUNT PER MONTH Year 149.478.66
APPROVED BY: County Atty ~ OMBlPurchasing ~ Risk Management-X
DOCUl\1ENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: State of Florida DEM Contract #09SR- 47-11-54-01-Finigan
--
Effective Date: May 20, 2009
Expiration Date: Sept 30, 2011
Contract Purpose/Description:
This DEM subgrant agreement is intended to provide assistance to states and communi-
ties for activities that will reduce the risk of flood damage to structures insurable under the
NFIP program. Lesley A Finingan Revocable Trust elevation project shall comply with
Attachments A, A-I, and A-2 Budget and Scope of Work. A revenue cost center is requested
from OMB.
Contract Manager: Jose Tezanos 6325 14
(N ame) (Ext.) (Department/Stop #)
for BOCC meeting on May 20,2009 Agenda Deadline: May 5, 2009
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CONTRACT COSTS
Total Dollar Vaiue of Contract: $ 149,478.66
Budgeted? YesD No lZI Account Codes:
Grant: $ 149,478.66
County Match: $ 0
Current Year Portio~: $ 149,478.66
GE-_ _-_-_
.. - ... -
-------
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
.Dt.5r!n Needed
Division Director 5W~ YesD N00
Risk Managyment Lf-9b).Cff YesD NoB
fL ~ J.1.t ..--t ,..----r- ,~
O.M.B./Purch~ing ~100l Y esD No~ -....l ~ Y c;./ L7
CountyAttomey 4/dDlo~ YesDNog (~ t. ~
Date Out
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~~
Comments:
OMB Form Revised 2/27/01 MCP #2
Contract Number: 09SR-47 -11-54-01-
CFDA Number: 97.110
SRL-PJ-04-FL-2008~024 - Finigan
'"
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency
Management, with headquarters in Tallahassee, Florida (hereinafter referred to as" Division "), and
Monroe County, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, 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 hereinafter set forth; and
C. WHEREAS, the Division has authGrity pursuant to Florida law to disburse the funds under this.
Agreement.
NOW, THEREFORE, the Division and the Recipient do mutually agree as follows:
(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 Division 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 on December 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 mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
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(5) RECORDKEEPING
(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 OMS Circular No. A-11 0, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-8?, "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) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided 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 Chief Financial Officer, or Auditor General access to such
records upon request. The Recipient shall ensure that audit working papers are made available to the
Division or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years
from the date the audit report is issued, unless extended in writing by the Division, with the following
exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five 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 five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years
after closing 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 supporting 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.
2
(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 be construed according to the
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circumstances but ordinarily 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 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.
(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 Division. "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 and/or the Division 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 OMS
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 OMS Circular A-133, as revised. EXHIBIT 1 to this Agreement
indicates 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. 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.
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In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements relative to 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 elects 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 resources (i.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following:
Department of Community Affairs
Office' of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.us]
and
Division of Emergency Management
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
4
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
....
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.us]
and
Division of Emergency Management
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
.
Department and the Division pursuant to this Agreement shall be submitted timely in accordance with
OMS 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, when submitting financial reporting packages to the Department and the
Division for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate
the date that the reporting package was delivered to the Recipient in correspondence accompanying the
reporting package.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the 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 (30) days after the Department or the Division has
notified the Recipient of such non-compliance.
(j) The Recipient shall have all audits completed by an independent certified public accountant (lPA) 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. The audit must be
5
submitted to the Department and the Division no later than seven (7) months from the end of the
Recipient's fiscal year.
(7)
REPORTS
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(a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with
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 such other information as requested by the
Division.
(b) Quarterly reports are due to be received by the Division no later than 5 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
31, 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, whichever first occurs.
(d) If all required reports and copies, prescribed above, 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 such other action as set forth in Paragraph (11) REMEDIES.
"Acceptable to the Division" means that the work product was completed in accordance with the Budget
and Scope of Work, Attachment A.
(e) The Recipient shall provide such additional program updates or information as may
be required by the Division.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are met, the Budget and Scope of Work, Attachment A is accomplished within
the specified time periods, and other performance goals stated in this Agreement are achieved. Such
review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment
A to this Agreement, and reported in the quarterly report.
6
In addition to reviews of audits conducted in accordance with OMS Circular A-133, as revised and
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures
may include, but not be limited to, on-site visits by the Division staff, limited scope audits as defined by
~
OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Division 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 Comptroller 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 shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shall hold the Division 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 Division, 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 to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortuous acts which result in claims or suits against the Division, 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.
(10) DEFAULT.
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the
Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may
7
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:
(a) If any warranty or representation made by the Recipient in this Agreement or any
~
previous Agreement with the Division shall at any time be false or misleading in any respect, or if the
Recipient shall fall to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or
is unable or unwllling to meet its obligations there under;
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time 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 in timely fashion any of its
.
obligations under this Agreement.
(11) REMEDIES.
Upon the happening of an Event of Default, then the Division may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently
or consecutively:
(a) 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 (13) herein;
(b) Commence 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) Exercise any corrective or remedial actions, to include but not be limited to;
1. requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
8
2. issuing a written warning to advise that more serious measures may be taken
if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from incurring costs
~
for any activities in question or
4. requiring the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
(e) Require that the Recipient return to the Division any funds which were used for
ineligible purposes under the program laws, rules and regulations governing the use of funds under this
program.
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) The pursuit of anyone of the above remedies shall not preclude the Division from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
.
Division 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 Division hereunder,
or affect the subsequent exercise of the same right or remedy by the Division for any further or
subsequent default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty (30) days written
notice. 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.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that the continuation of the Agreement would not produce beneficial results
commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar
days prior written notice.
9
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish 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
the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the
Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the
Recipient. The Division 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 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 identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Miles Anderson, State Hazard Mitigation Officer
Bureau of Mitigation
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850)
Fax: (850) 922-1259
Email: Miles.Anderson@em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Jose Tezanos, Emergency Management Planner
Monroe County Emergency Management
490 631d Street, Ocean, Suite 150
Marathon, Florida 33050-3961
Phone: (305) 289-6325
Fax: (305) 289-3666
T ezanos-Jose@ monroecounty-fl.gov
(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 (13)(a) above.
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(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the
fully executed subcontract must be forwarded to the Division within ten (10) days of execution for review
"
and approval. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (ili) the subcontractor shall hold the Division 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. Each subcontractor's progress in performing its work under this
Agreement shall be documented in the quarterly report submitted by the Recipient.
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, Fla. Stat..
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
.
(16) 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:
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 Reimbursement
Attachment E - Justification of Working Capital Advance
Attachment F - Quarterly Report Form
Attachment G - Warranties and Representations
Attachment H - Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
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(17) FUNDING/CONSIDERA TION
(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
'"
$149,478.66 (federal share) subject to the availability of funds.
(b) Any Working Capital 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 may be 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-11 0, A-
122 and the Cash Management Improvement Act of 1990. If a Working Capital 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 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.
.
1. NO advance payment is requested.
2.
An advance payment of $
is requested.
(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.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the State Legislature, the Office of the Chief Financial Officer, the State Office of
Planning and Budgeting or the Federal Office of Management and Budgeting, all obligations on the part of
the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall
submit Its closeout report within thirty (30) days of receipt of notice from the Division.
(18) REPAYMENTS
All refunds or repayments to be made to the Division 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:
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Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
"
In accordance with Section 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, whichever is greater.
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to
Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems Cbtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 413-5516.
(20) 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 subsequent submission or response to Division 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 Division and
with thirty (30) 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 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.
(c) Any power of approval or disapproval granted to the Division under the terms of
this Agreement shall survive the terms and life of this Agreement as a whole.
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(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 U.S.C. Section 12101 et seo.), 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 $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) 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, by signing this Agreement,
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 five-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, 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
20(h)2. of this certification; and
14
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.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Division (by email or by facsimile
transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And
Voluntary Exclusion" (Attachment H) for each prospective subcontractor which Recipient intends
to fund under this Agreement. Such form must be received by the Division prior to the Recipient
entering into a contract with any prospective 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.
(j) If otherwise allowed under this Agreement, all bills for any travel expenses shall
be subm itted in accordance with Section 112.061, Fla. Stat.
(k) The Division 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.
(I) 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
(UlNA")]. 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
15
-.,
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the
Department.
(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 such meetings shall be publicly
noticed, open to the public, and the minutes of all such meetings shall be public records, available to the
public in accordance with Chapter 119, Fla. Stat.
(0) Unless inconsistent with the public interest or unreasonable in cost, 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.
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division 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 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.
16
"
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 sub recipients shall certify and ~
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(22) 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 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 Division 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 Division. 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.
17
(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 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 Division shall then, under Paragraph (b), have the right to all patents and copyrights
which accrue during performance of the Agreement.
(23) 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.
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C,
18
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:
FID#
""
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
Name and Title: W. Craig Fugate, Director
Date:
19
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOllOWING:
Federal Program: Federal Emergency Management Agency
Catalog of Federal Domestic Assistance Number: 97.110
Amount of Federal Funding: $149, 478.66
...
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
The Flood Mitigation Assistance Program is authorized by Sections 1366 and 1367 (42 U.S.C) of
the National Flood Insurance Reform Act of 1994 (NFIRA). This program provides assistance to
States and Communities for activities that will reduce the risk of flood damage to structures
insurable under the National Flood Insurance Program. The Severe Repetitive loss (SRl)
Program was created pursuant to Section 1361A of the NFIRA of 1968, 42 U.S.C. 4012A, as
amended by the Bunning-Bereuter-Blumenauer Flood insurance Reform Act of 2004, Public law
108-264, with the goal of reducing flood damages to SRL properties.
NOTE: Section AOO(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), FIQrida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the recipient.
20
Attachment A
Budget and Scope of Work
...
The Recipient will be responsible for the implementation and completion of the project in accordance with
Attachment A, Attachment A-1 and Attachment A-2, in a manner acceptable to the Division, and in
accordance with all applicable legal requirements. The contract documents for any project undertaken by
the Recipient, and any land use permitted by or engaged in by the Recipient, shall be consistent with the
local government Comprehensive Plan. The Recipient shall ensure that any development or
development order complies with all applicable planning, permitting and building requirements. The
Recipient shall ensure that the project owner shall engage such competent engineering, building, and
other technical and professional assistance as may be needed to ensure that the project complies with
the contract documents.
For each structure receiving assistance under this Agreement, the Recipient shall first provide the
following information to the Agency and to the Division:
1. Documentation for all repetitive losses, showing the number of claims, the
amount of each claim, the amount of payment on each claim, and the date of
each such payment;
2. The date of initial construction for the structure;
3. The elevation of the lowest floor of the structure;
4. The flood zone where the structure is located;
5. The base flood elevation of the structure;
6. The appraised value of the structure;
7. Estimates of the cost of work on the structure by the contractor, which shall
separate eligible from ineligible costs;
8. Estimates of the square footage of the structure before and after the completion
of the work;
9. Estimates of damage to any substantially damaged structure; and
10. Proposed elevation height for any substantially damaged structure.
Time shall be of the essence of this Agreement and of the performance of all conditions under it. Subject
to any modification extending the time for the performance of this Agreement approved by the Division or
by FEMA, the time for the completion of the project shall be one (1) year from the date of this Agreement.
The supporting documents set forth in the Payment Procedure/Budget section below shall be submitted
to the Division no later than sIxty (60) days after the date of the last modification extending the
Agreement. The Recipient shall submit the completed documentation to the Division no later than sixty
(60) days from the completion of all work, or the date the project passes final inspection, whichever is
later. The time for the performance of this Agreement may be extended for cause by the Division. If any
extension request is denied, the Recipient shall be reimbursed for eligible project costs incurred up to the
latest approved date for completion. Failure to complete any project will be adequate cause for the
termination of funding under for that project.
21
PAYMENT PROCEDURE/BUDGET
The Division shall disburse the eligible costs to the Recipient in accordance with the following procedures:
A. The Recipient will be reimbursed for that portion of its eligible costs corresponding to the
federal share of such costs once the Recipient has delivered the following documents to
the Division:
1. A Request for Advance or Reimbursement Form conforming to the
sample attached to this Agreement as Attachment C-1;
2. A Summary of Documentation Form conforming to the sample attached
to this Agreement as Attachment C-2, which shall be supported by
original documents such as contract documents, invoices, purchase
orders, change orders and the like; and
3. A letter certifying that the reported costs were incurred in the
performance of eligible work.
...
B. The Division may, in its discretion, withhold its portion of the non federal share of funding
under this Agreement from the Recipient if the Division has reason to expect a
subsequent unfavorable determination by the Federal Emergency Management Agency
that a previous disbursement of funds under this Agreement was improper.
C. The Division may advance funds under this Agreement to the Recipient if the Recipient
meets the following conditions:
1. The Recipient shall demonstrate to the Division that the Recipient has
procedures in place to ensure that funds are disbursed to project vendors,
contractors, and subcontractors without unnecessary delay;
2. The Recipient shall submit a statement specifying the amount of funds requested
and justifying the advance and the proposed use of the funds, together with
budget information supporting the request;
3. The Recipient shall submit a completed Request for Advance or Reimbursement
Form; and
4. The Recipient shall pay over to the Division any interest earned on advances for
remittance to the Federal Emergency Management Agency as often as
practicable, and in any event not later than ten (1 0) business days after the close
of each calendar quarter.
D. The Division shall disburse the final payment to the Recipient upon the performance of
the following conditions:
1. The owner of the project shall have completed the project, and the Recipient
shall have certified to its completion and final inspection;
2. The Recipient shall have submitted the documentation specified in this Payment
Procedure; and
3. The Recipient shall have requested final reimbursement.
22
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 (OEM) 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 OEM in no
way 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 361-0esign
and Construction for Community Shelter. It is understood and agreed by OEM 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 OEM 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.
23
ATTACHMENT A- I FEMA AWARD LETTER
J an uary 22, 2009
'"
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-2008-024
Monroe County
Dear Mr. Fugate:
It is my pleasure to confirm that the foHowing 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 stm1 of construction.
SRL Project Approval~ Federal Share Non~Eederal Total Project
Monroe County , " , Share ~ Cost
SRL-PJ -04- FL- 2008-024
Monroe County Repetitive Loss
Grant - Finigan (Mitigation
Reconstruction)
$ 149,478.66
$ 16,608.74
$ 166, 087.40
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 January 14,2009, and the State has accepted the award. The funds have
been obligated to the appropriate SmartLink account.
The CA TEX 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 CPR 1O.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):
24
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
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 http://www.fema.gov/goverrunent/grant/srl/fy2008.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 sub grantee shall submit to the Grantee a Celtificate 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 propelty including mitigation reconstruction project deed
requirements shall also be submitted to the Grantee. In addition, a celtification 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 want funds provided for the project.
5. Please refer to the SRL 2008 Guidance available at
http://www Jema. gov / govemment/ grant/sr 1/2008 .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 ctllTent property owner
(including book/page reference to record of cun-ent 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.
25
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:
httD: / /www.fema.qov/qovernment/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 CA TEX,
then coordination with and project review by appropriate regulatory agencies must be redone.
2. Any change, addition, or supplement to the approved project 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 CPR 13.40. Please include this
project in future reporting. The Period of Performance (POP) for this award is three years,
January 14, 2009, through December 30,2011. The POP for this sub-grant should be
documented on all cOlTespondence 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,.
Sincerely,
Clayton E. Saucier, Chief
Hazard Mitigation Assistance
Mitigation Division
Concurrence: SRR
CES
26
Attachment A-2
BUDGET AND SCOPE OF WORK FOR INDIVIDUAL RESIDENCE
.,.
Property Owner:
Lesley A Finigan Revocable Trust 12/22/2004
Lesley A Finigan Trustee
Property Address:
4 Beach Drive
Saddlebunch Keys, FL 33040-6102
The Scope of Work for this project is a Mitigation Reconstruction where the existing residence will be
demolished and replaced with a Florida Division of Emergency Management approved modular home
that is elevated to two (2') feet above the Base Flood Elevation. Mitigation reconstruction activities will
result in a new structure with no more than ten (10) percent greater square footage than the original
structure. The newly elevated structure will meet the minimum NFIP regulations and all construction
activities shall comply with applicable Federal, State and Local Building Codes, Rules and Regulations.
Fundinq Summary
Federal Share:
Local Share:
Project Cost:
$ 149,478.66 (90%).
$ 6,608.74 (10%)
$ 166,087.40
The Division of Emergency Management (DEM) shall reimburse eligible costs for this project up
to $ 149, 478.66 (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 CA TEX, then
coordination with and project review by appropriate regulatory agencies must be redone.
2. Any change, addition, or supplement to the approved project Scope Of Work that alters the
project (including other work not funded by FEMA, but done substantially at the same time) will
require re-submission of the application to FEMA for NEPA re-evaluation before starting project
work.
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).
27
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."
..
EliQible 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 $149,478.66 (federal share).
Federal Local
Eligible Cost Item Total Cost Share (90%) Share
(10%)
Foundation (16x16x8 cbs columns) $10,875.00 $9787.50 $1087.50
Hurricane shutters $2,126.00 $1913.40 $212.60
Cantilevered Ale platform $350.00 $315.00 $35.00
Elevation Certificate $400.00 $360.00 $40.00
Demolition of existinq mobile home $ 15, 000,00 $13500.00 $1500.00
DCA approved modular home $136, 886.40 $123197.76 $13688.64
Enqineer Report $450.00 $405.00 $45.00
TOTAL PROJECT COST $166,087.40 $149, 478.66 $16,608.74
28
Attachment B
Program Statutes and Regulations
..
National Flood Insurance Program, Public Law 90-448, as amended (42 U.S.c. gS4001-4129)
44 C.F.R. Parts 13 and 78
OMB Circular No. A-11O
OMB Circular No. A-87
OMB Circular No. A-21
OMB Circular No. A-122
OMB Circular No. A-B3
Federal Acquisition Regulations 312 and 931.2
American's With Disabilities Act (Public Law 101-336,42 U.S.c. Section 12101
(1)
(2)
(3)
(4)
(5)
(6)
(7)
llih)
(8)
(9)
(10)
(11)
(12)
Cash Management Improvement Act of 1990
Inunigration and Nationality Act Section 274A(e)
Chapter 119 Florida Statute
Chapter 216 Florida Statute
Chapter 768.28 Florida Statute
29
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) 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 agreement with the Division of
Emergency Management (OEM), 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 OEM. All Recipient contracts shall contain provisions for
termination for cause or convenience and shall provide for the method of payment in such event;
(e) [t 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
30
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;
(g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42
U.S.C. Section 12101 et seo.), 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 com ply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
(k) [t 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) 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;
(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
31
(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 OEM 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 Councilor the SHPO object, Recipient shall not proceed with the
project until the objection is resolved.
(6) Recipient shall notify OEM 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 OSR 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
32
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;
(0) 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;
(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 structures;
(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 VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of
the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race,
color or nation origin;
(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) [t 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;
33
(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 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 com ply with the Fish and Wildlife Coordin.ation Act of 1958; 16 U.S.C. 661-666.
(ij) 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.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells and septic tanks
34
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.
35
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE
OR
REIMBURSEMENT OF
SEVERE REPETITIVE LOSS GRANT PROGRAM FUNDS
..
RECIPIENT NAME:
Monroe County
490 63rd Street, Ocean Suite 150
ADDRESS:
CITY, STATE, ZIP CODE:
Marathon, FL 33050-3961
PAYMENT No:
DEM Agreement No:_09SR-47-11-54-01.
FEMA Tracking Numbers: SRL-PJ-04-FL-2008-024
Finiqan Mitiqation Reconstruction
Eligible Obligated Obligated Previous Current DEM Use Only
Amount Federal Non-Federal
100% 90% 10% Payments Request 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 DEM 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
36
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
Finiqan Miti!:lation Reconstruction
OEM Agreement No. 09SR-47-11-54-01
FEMA Tracking # SRL-PJ-04-FL-2008-024
Applicant's Date of delivery DOCUMENTATION Applicant's
Reference No. of articles, List Documentation (Appllcant's payroll, material out of Eligible Costs
(Warrant, Voucher, completion of appllcant's stock, applicant owned equipment and name of 100%
Claim Check, or work or vendor or contractor) by category and line item in the
Schedule No.) performance approved project application and give a brief description at
services. the articles or services.
TOTAL
37
Attachment E
Justification of Advance
..
1. Where to submit Advance Payment Requests:
Florida Division of Emergency Management
Bureau of Recovery and Mitigation
Hazard Mitigation Grant Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
2, Due Date for submitting advance payment request:
Within date of contract execution.
3. Required Information:
A. First time recipients:
Must provide an estimation (with justification/rationale) of expenditures for the first three
months of the contract.
B. Continuina Recipients:
Must provide data comparing prior year expenditures to advance payments received. (3
years if applicable).
DIRECTIONS FOR COMPLETING ADVANCE PAYMENT JUSTIFICATION FORM
4. Lines 1-5
Columns 1-3: - Enter SFY/FFY for each column in which data will be reported.
For lines 1-4, enter the first three months expenditures for each previous
fiscal year.
Total the expenditures for each column and enter totals on Line. 5.
Column 4: Total the expenditures for each line item and enter the sum in Column 4.
Column 5: For each line item, divide the total entered in Column 4 by 3 and enter the
total (average) in Column 5,
5. Lines 6-8
Columns 6-10 - Enter SFY/FFY for each column in which data will be reported.
Line 6:
Enter the total advance received from each fiscal year. Enter total
for all columns in Column 9.
Divide the total entered in Column 9 by 3 and enter the total
(average) in Column 10.
Line 7:
Enter the totals from Line 5 above for Colum ns 6-10.
38
Line 8;
For each column, subtract Line 6 from Line 7 and enter the
difference on Line 8 for the appropriate fiscal year, total and
average.
Lines 6 and 7: Divide the totals listed in column 9 by 3 and enter the total
(average) in column 10.
..
6. Advance Payment Request ~ Go to Line 7, column 10. This amount is the average total
expense for the prior year contracts and should be considered when determining the
projected advance payment amount.
39
Attachment E-1
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.
[ ] NO ADVANCE REQUESTED
[ ] ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
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.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet.
(A) (8) (C) (D)
FFY FFY FFY Total
DESCRIPTION 2005-2006 2006-2007 2007-2008
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
'First three months ex enditures need onl be rovided for the ears in which ou re uested an advance.
p y p y y q
If you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell D3 FMA Award
(Do not include match)
=
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
[ Recipient has no previous FMA contract history. Complete Estimated Expenses chart
and Explanation of Circumstances below.
] 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.
40
ESTIMATED EXPENSES
BUDGET CATEGORY 2007-2008 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS ""-
PROGRAM EXPENSES
TOT AL EXPENSES
Explanation of Circumstances:
41
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
SEVERE REPETITIVE LOSS GRANT PROGRAM
"
QUARTERLY REPORT FORM
RECIPIENT: Monroe Countv
Project Number # SRL-PJ-04-FL-2008-024
PROJECT LOCATION: Finiqan Mitiqation Reconstruction at 4 Beach Drive, Saddleunch Kevs
DEM ID #: 09SR-47-11-54-01
QUARTER ENDING:
Provide amount of funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July-Sep, 200_$
July-Sep,200_$
Oct-Dec,200_$
Jan-Mar, 200_$_ Apr-June, 200_$_
Oct-Dec, 200_$
Jan-Mar, 200_$
Apr-June, 200_$_
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 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 DEM 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
42
Attachment G
Warranties and Representations
Financial Manaqement
...
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 adequately the source and application 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 adequately 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 for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source
documentation.
Com petition.
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
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 objective 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,
price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the
bidder or offeror shall 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 herein, 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.
43
Licensinq and Perm ittinq
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.
~
44
Attachment H
~
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
45
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Lesley A Finigan Rev Tr Contract #09SR- 47-11-54-01-Finigan
Effective Date: May 20, 2009
Expiration Date: Sept 30, 2011
Contract Purpose/Description:
This agreement is intended to provide assistance to the above listed propelty owner for
activities that will reduce the risk of flood damage to stmctures insurable under the NFIP
program. Lesley A Finingan Revocable Trust elevation project shall comply with Attachments
A, A-I, and A-2 Budget and Scope of Work A revenue cost center is requested from OMB.
Contract Manager: Jose Tezanos 6325 14
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on May 20, 2009 Agenda Deadline: May 5, 2009
~
CONTRACT COSTS
Total Dollar Value of Contract: $ 149,478.66
Budgeted? YesO No [gJ Account Codes:
Grant: $ 149,478.66
County Match: $ 0
CUFent Year Portion: $ 149,478.66
GE-_-_ _-_
-
-------
-
---------------..
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date Out
County Attorney
Comments:
OMB Form Revised 2/27/0] MCP #2
SEVERE REPETITIVE LOSS PROJECT AGREEMENT
THIS SEVERE REPETITIVE LOSS PROJECT AGREEMENT (the Agreement) is
entered into by and between Monroe County, Florida, (hereinafter referred to as ~
the "County"), and the Lesley A. Finigan Revocable Trust dated 12/22/2004 clo
Leslie A. Finigan, Trustee, the property owner of 4 Beach Drive Saddlebunch
Keys. Florida 33040 RE Number 00162200-000000 and legal description: BK B
L T 2 Bay Point Trailer Park First Addition Saddlebunch Keys PB4"9 OR 541-257
OR 1892-1490 DIC OR 1892"1492 OR 1908-1486 OR 2200-1504/06
(hereinafter referred to as the "Property Owner").
WHEREAS, the Florida Division of Emergency Management has received these
grant funds from the State of Florida, and has the authority to subgrant these
funds to the Property Owner upon the terms and conditions hereinafter set forth;
and
WHEREAS, the goals of the Severe Repetitive Loss (SRL) program include
assistance to the States and Communities for activities that will reduce the risk of
flood damage to structures insurable under the National Flood Insurance
Program (NFIP); and
WHEREAS, the County, on behalf of the Property Owner, has applied for and
had approved, SRL program funds (hereinafter "Program Funds"); and
WHEREAS, the Property Owner represents that he possesses the requisite
skills, knowledge, financial capability and experience to perform the severe
repetitive loss project and other activities as provided herein, now therefore;
FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS MADE AND AGREED UPON TO BE KEPT HEREIN, THE
COUNTY AND THE RECIPIENT DO MUTUALLY AGREE AS FOLLOWS:
(1) SCOPE OF WORK REPRESENTATION AND WARRANTIES:
The Property Owner shall fully perform the severe repetitive loss project
attached hereto as Attachment A-2 (herein the "Project"), in accordance
with the approved scope(s) of work indicated therein, the allocation of
funds indicated therein, and the terms and conditions of this Agreement.
Property Owner shall not deviate from the approved Project and the terms
and conditions of this Agreement. Property Owner shall comply with all
applicable codes and standards in performing the work tended under this
Agreement
Property Owner represents and warrants that the structure proposed for
assistance from this Agreement is currently covered by a flood insurance
policy, and shall remain so insured for the life of the property. Property
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Owner 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 1 0.8(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 Flood Insurance Rate Map (FIRM), or within the
mapped limit of the 1.5-foot breaking wave zone.
b. Mitigation reconstruction must be completed to at least the Base Flood
Elevation (BFE) in accordance with criteria established in the SRL 2008
Guidance available at
http://www . fema.gov/government/Qrant/srl/fy2008.shtm. .
c. Mitigation reconstruction activities must result only in an approximation
of the original square footage of the structure. The square footage of all
resulting structures shall be no more than 10 percent greater than that of
the original structure. The final square footage will be verified at the time
of subgrant closeout for compliance with this requirement.
d. The Property Owner shall submit to the County a Certificate of
Occupancy and Final Elevation Certificate for each structure in the project
to certify that the structure is code compliant. A copy of a recorded deed
for each property including mitigation reconstruction project deed
requirements shall also be submitted to the County. These documents
shall be submitted before closeout can be completed. If a subgrantee fails
to provide these documents, FEMA has the authority to recoup grant
funds provided for the project.
e. The Coastal Barrier Resources Act (COBRA) significantly limits the
availability of federal assistance in areas designated within the Coastal
Barrier Resources System. The Property Owner represents and warrants
that no funds from this Agreement will be utilized for activities in a COBRA
designated unit.
f. Please refer to the SRL 2008 Guidance available at
http://www.fema.gov/Qovernrnent/Qrant/sr1/2008.shtm for additional
requirements.
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In compliance with the SRL FY2008 Guidance, Section 3.4 Special Flood
Hazard Area (SFHA) Requirements, the following requirements apply to
any project to alter existing structures, to include mitigation reconstruction
and second story conversion projects that are sited within an SFHA:
~
a. When the project is implemented, all structures that will not be
demolished or relocated out of the SFHA must be covered by an NFIP
flood insurance policy to an amount at least equal to the project cost or to
the maximum limit of coverage made available with respect to the
particular property, whichever is less.
b. The Property Owner will legally record with the county or appropriate
jurisdiction's land records a notice that includes the name of the current
Property Owner (including book/page reference to record of current title, if
readily available), a legal description of the property, and the following
notice of flood insurance requirements: "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:
http://www.fema.gov/governmentlgrantlsfha conditions.shtm or from
FEMA Regional Offices. Properties that do not meet these requirements
will not be eligible to receive assistance under the SRL program.
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Environmental Conditions
a. The Applicant must follow all applicable state, local, and federal laws,
regulations, and requirements, and obtain (before starting project work)
and comply with all required permits and approvals. If start of project work
is delayed for a year or more after the date of this Agreement, then
coordination with and project review by appropriate regulatory agencies
must be redone.
~
b. Any change, addition, or supplement to the approved project scope of
work (SOW) that alters the project (including other work not funded by
FEMA, but done substantially at the same time) will require re-submission
of the application to FEMA for NEPA re-evaluation before starting project
work.
c. Construction vehicles and equipment used for this project shall be
maintained in good working order to minimize pollutant emissions. The
contractor will implement measures to prevent spillage or runoff of
chemicals, fuels, oilsl or sewer-related wastes during project work.
d. Any hazardous materials found onsite, such as asbestos or lead-based
paint, will also be managed in accordance with all applicable state, local,
and federal laws and regulations.
(2) INCORPORATION OF LAW, RULES, REGULATIONS AND POLICIES
Both the Property Owner and the County shall be governed by applicable
State and Federal laws, rules and regulations, including but not limited to
those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution and shall end one (1) year
from the date of this Agreement, which time period may be extended by
mutual consent of the parties, but in no event later than December 30,
2011
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement.
Changes which are mutually agreed upon shall be valid only when
reduced to writingl duly signed by each of the parties hereto, and attached
to the original of this Agreement.
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(5) RECORDKEEPING. PROCUREMENT AND PROPERTY
MANAGEMENT
(a) All original records pertinent to this Agreement shall be retained by the ~
Property Owner for three (3) years following the date of termination of
this Agreement or of submission of the final close~out report by the
County, whichever is later, with the following exception:
If any litigation, claim or audit is started before the expiration of the
three (3) year period and extends beyond the three (3) year period, the
records will be maintained until all litigation, claims or audit findings
involving the records have been resolved.
(b) All records, including supporting documentation of all program costs,
shall be sufficient to determine compliance with the requirements and
objectives of the Budget and Scope of Work for Individual Residence
Attachment A-2 and all other applicable laws and regulations. The
Property Owner agrees to implement and maintain a record keeping
and financial management system sufficient to meet Federal
Emergency Management Agency (FEMA) and State of Florida financial
reporting requirements and to document that SRL funds have been
used in accordance with applicable laws.
(c) The Property Owner, its employees or agents including all
subcontractors or consultants to be paid from funds provided under
this Agreement shall allow access to his records at reasonable times to
the County, its employees or agents. "Reasonable" shall mean during
normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday
through Friday. "Agents" shall include, but not limited to, auditors
retained by the County.
(d) The Property Owner shall comply with all terms and conditions
established 44 CFR, part 13.3b, and pertinent state and local laws
regarding the procurement of services, equipment and supplies. The
Property Owner shall also comply with the standards governing
property management established in 44 CFR, part 13.
(6) REPORTS
(a) Property Owner shall keep in close contact with the County and will
notify the County if any contact information or project circumstances
change. The County will issue official letters, call official meetings and
require documentation to be submitted on a periodic basis. Property
Owner will provide a prompt response to the County to ensure project
timelines are met and compliance with the state and federal
government are achieved.
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(b) If all required documentation and cooperation are not provided by the
Property Owner to the County, the County may withhold payments until
they are completed or may take such other action as set forth in ~
paragraph (10). The County may terminate the Agreement with the
Property Owner if documentation is not received within (30) days after
written notice from the County.
(e) Upon reasonable notice, the Property Owner shall provide such
additional Project updates or information as may be required by the
County. "Reasonable notice" shall be defined as ten (10) business
days.
(7) MONITORING
The Property Owner shall constantly monitor the project performance
under this Agreement to ensure that time schedules are being met, the
Scope of Work is being accomplished within specified time periods and
other performance goals are being achieved. Such a review shall be made
for each function or activity set forth in Attachment A -2 to this Agreement
and the terms and conditions of the Agreement. The County may perform
on-site or other types of Project monitoring as it deems necessary. Should
activities or deliverables be found to be insufficient in meeting the stated
terms of this contract, the County may request explanations, amendments
or further specifications to the submitted report to which the Property
Owner shall promptly respond.
(8) L1ASI L1TY
The Property Owner agrees to be fully responsible for his own negligent
acts or omissions or tortuous acts. Nothing herein shall be construed as
consent by the County or a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
The Property Owner represents and warrants that hazardous and toxic
materials, if present at any locations where the project will be performed,
are at levels within regulatory limits and do not trigger action required by
federal, State or local laws or regulations. The Property Owner further
represents and warrants that household hazardous waste meeting the
definition set forth in 40 CFR shall be handled in a manner which meets all
Federal, state, and local laws and regulations. The Property Owner further
represents and warrants that the presence of any condition(s) or
6
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.
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(9) GENERAL INDEMNIFICATION
The Property Owner agrees to and will at all time indemnify, save and hold
harmless the County from all liability and claims, demands, damages and
costs of every kind and nature, including attorney's fees at trial or
appellate levels, and all court costs arising out of injury to or death of
persons, and damages to any and all property, including loss of use
thereof, resulting from or in any manner arising out of the relationship with
the County, excepting only liability resulting from the sole negligence of
the County. The Property Owner shall, upon request from the County,
defend and satisfy any and all suits arising from its use of the premises.
(10) DEFAULT, REMEDIES. TERMINATION
(a) If any of the following events occur ("Events of Default"), all obligations
on the part of the County to make any further payment of funds hereunder
shall, if the County so elects, terminate, and the County may at its option
exercise any of the remedies set forth herein; the County may take any
payments or parts of payments after the happening of any Events of
Default without thereby waiving the right to exercise such remedies and
without becoming liable to make any further payment;
1. If any warranty or representation made by Property Owner in this
Agreement or any previous Agreement with the County shall at any
time be false or misleading in any respect, or if the Property Owner
shall fail to keep, observe or perform any of the terms or covenants
contained in this Agreement or any previous agreement with the
County, and has not cured such in timely fashion or is unable or
unwilling to meet its obligations thereunder;
2. If project funds from mortgage lenders or other sources are not
received because of defaults in the mortgages, construction loan
agreements or other loan documents used for the Property Owner's
funding of the project;
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3. If any reports required by this Agreement have not been
submitted to the County or have been submitted with incorrect,
incomplete or insufficient information;
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4. If the Property Owner failed to perform and complete in a timely
fashion any of the Project work required under the Budget and
Scope of Work attached hereto as Attachment A;
5. If the necessary funds are not available to fund this Agreement
as a result of action by the County, Legislature, The State of Florida
Office of the Comptroller or the Office of Management and Budget.
(b) Upon the happening of an Event of Default, then the County may, at its
option, upon written notice to the Property Owner and upon the Property
Owner's failure to timely cure, exercise anyone or more of the following
remedies, either concurrently or consecutively, and the pursuit of anyone
of the following remedies shall not preclude the County from pursuing any
other remedies contained herein or otherwise provided at law or in equity;
1. Terminate this Agreement, provided that the Property Owner is
given at least fifteen (15) days prior to 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 Property
Owner to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to
advise that more serious measures may be taken if the situation is
not corrected, advising the Property Owner to suspend, discontinue
or refrain from incurring costs for any activities in question or
requiring the Property Owner to reimburse the County for the
amount of costs incurred for any items determined to be ineligible;
and
5. Exercise any other or remedies which may be otherwise
available under law.
(c) The County may terminate this Agreement for cause upon such written
notice as is reasonable under the circumstances. Cause shall include, but
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not be limited to, misrepresentation in the grant application; misuse of
funds; fraud; lack of compliance with applicable rules, laws and
regulations; failure to perform in a timely manner; and refusal by the
Property Owner to permit public access to any document, paper, letter or
other material forming part of the Project documents.
~
(d) The Property Owner shall return funds to the County if found in non-
compliance with laws, rules, and regulations governing the use of the
funds of this Agreement.
(e) This Agreement may be terminated by the written mutual consent of
the parties.
(f) Notwithstanding the above, the Property Owner shall not be relieved of
liability to the County by virtue of any breach of Agreement by the Property
Owner. The County may withhold any payments to the Property Owner,
from this or any other agreement between the Property Owner and the
County, for purpose of set-off until such time as the exact amount of
damages due the County from the Property Owner is determined.
(11 ) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in
writing, either by hand delivery or first class mail, certified mail or return
requested to the representative identified below and the said notification
attached to the original of this Agreement.
(b) The name and address of the County contract manager for this
Agreement is:
Jose Tezanos, Emergency Management Planner
Monroe County Emergency Management
490 63rd Street, Ocean, Suite 150
Marathon, Florida 33050-3961
Phone: (305) 289-6325
Fax: (305) 289-6333
Tezanos-iose@monroecountv-fl.gov
(c) The name and address of the Property Owner responsible for the
administration of this Agreement is:
Lesley A. Finigan Revocable Trust dated 12/22/2004
Lesley A. Finigan, Trustee
4 Beach Drive
Saddlebunch Key, Florida 33040-6102
Phone: (305) 304-4077
Dale.finigan @ keysenergy.com
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(d) In the event that different representatives are designated by either
party after execution of this Agreement, notice of the name, title and
address of the new representatives will be rendered as provided in this
section.
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(12) OTHER PROVISIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all
the information, representations and materials submitted or provided by
the Property Owner in the Application, in any subsequent submission or
response to the County request or in any submission or response to fulfill
the requirements of this Agreement; and such information, representations
and materials are incorporated by reference. The lack of accuracy thereof
or any material changes shall at the option of the County and with thirty
(30) days written notice to the Property Owner, cause the termination of
this Agreement and the release of the County from all its obligations to the
Property Owner.
(b) This Agreement shall be construed under the laws of the State of
Florida and venue for any actions arising out of this Agreement shall lie in
Monroe County. If any provision hereof is in conflict with any applicable
statute or rule or is otherwise unenforceable, then such provision shall be
deemed severable but shall not invalidate any other provision of this
Agreement.
(c) No waiver by Monroe County of any right or remedy granted hereunder
or failure to insist on strict performance by the Property Owner shall affect
or extend or act as a waiver of any other right or remedy of the County
hereunder, or affect the subsequent exercise of the same right or remedy
by the County for any further or subsequent default by the Property
Owner. Any power of approval or disapproval granted to the County under
the terms of this Agreement shall survive the terms and life of this
Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts - any
one of which may be taken as an original.
(13) FINANCIAL REQUIREMENTS
(a) The Property Owner agrees to maintain receipts and other documents
in order to account for the receipt and expenditure of funds under this
Agreement.
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(b) These records shall be available at all reasonable times for inspection,
review or audit by state personnel and other personnel duly authorized
by the County, "Reasonable" shall be construed according to
circumstances, but ordinarily shall mean normal business hours of 8:00
a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Property Owner shall also provide the County with the records,
reports or financial statements upon request for the purposes of
auditing and monitoring the funds awarded under this Agreement.
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(d) The Property Owner shall retain all financial records, supporting
documents, statistical records or any other documents pertinent to this
contract for a period of three (3) years after the state of submission of
the final expenditure report. However, if litigation or an audit has been
initiated prior to the expiration of the three (3) year period, the records
shall be retained until the litigation or audit findings have been
resolved.
(14) CONTRACTORS AND SUBCONTRACTORS
(a) If the property Owner contracts or subcontracts any or all of the work
required under this Agreement, the Property Owner agrees to include
in the contract or subcontract a statement that the contractor or
subcontractor is bound by the terms and conditions of this Agreement
with the County.
(b) The Property Owner agrees to include in the contract or subcontract
that the contractor and/or subcontractor shall hold the County and
Property Owner harmless against all claims of whatever nature arising
out of the contractor or subcontractor's performance of work under this
Agreement.
(c) Contractual arrangements shall in no way relieve the Property Owner
of this responsibility to ensure that all funds issued pursuant to this
Agreement be administered in accordance with all state and federal
requirements.
(15) TERMS AND CONDITIONS
The Agreement contains all the terms and conditions agreed upon by
the parties.
(16) ASSURANCES
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The Property Owner shall comply witn any Statement of Assurances
incorporated as Attachment C
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IN WITNESS WHEREOFy the parties have caused this Agreement to be
executed by their undersigned officials as duly authorized.
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WITNESS; 1/ J\ A
BY: r~1.ifVU'
Name: _~NTfhA L. ~{,.L
Date; 4 - t--o ~ "HJ ocr
BY:
Name:
Date:
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE
CLERK OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
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14
Attachment A-2
BUDGET AND SCOPE OF WORK FOR INDIVIDUAL RESIDENCE
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Property Owner: Lesley A Finigan Revocable Trust 11/22/2004
C/O Lesley A Finigan_Trustee
Property Address: 4 Beach Drive
Sadd lebunch Key, FL 33040-6102
The Scope of Work for this project is a Mitigation Reconstruction where the
existing residence will be demolished and replaced with a Florida Division of
Emergency Management approved modular home that is elevated to two (2') feet
above the Base Flood Elevation. Mitigation reconstruction activities will result in
a new structure with no more than ten (10) percent greater square footage than
the original structure. The newly elevated structure will meet the minimum NFIP
regulations and all construction activities shall comply with applicable Federal,
State and Local Building Codes, Rules and Regulations.
Funding Summary
Federal Share: $ 149,478.66 (90%).
Local Share: $ 6, 608.74 (10%)
Project Cost: $ 166, 087.40
The Division of Emergency Management (DEM) shall reimburse eligible
costs for this project up to $ 149,478.66 (federal share).
The Property Owner must adhere to the following Environmental
conditions as part of the award:
1. The Property Owner must follow all applicable state, local, and federal
laws, regulations, and requirements, and obtain (before starting project
work) and comply with all required permits and approvals. If start of
project work is delayed for a year or more after the date of FEMA
Categorical Exclusion (CA TEX), then coordination with and project review
by appropriate regulatory agencies must be redone.
2. Any change, addition, or supplement to the approved project Scope Of
Work that alters the project (including other work not funded by FEMA, but
done substantially at the same time) will require re-submission of the
application to FEMA for NEPA re-evaluation before starting project work.
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3. Construction vehicles and equipment used for this project shall be
maintained in good working order to minimize pollutant emissions. The
contractor will implement measures to prevent spillage or runoff of
chemicals, fuels, oils, or sewer-related wastes during project work.
4. Any hazardous materials found onsite, such as asbestos or lead~based
paint, will also be managed in accordance with all applicable state, local
and federal laws and regulations.
As part of the closeout documentation, the Property Owner shall provide to
the department the following
1. Signed notices from the affected Property Owner in the SFHA that the
sub-grantee will record a Deed Notice applicable to their property, as
described in 3, below, and that they will maintain flood insurance. (A
model notice is attached to this revised budget and scope of work).
2. Verification that the Property Owner located within a SFHA has obtained
flood insurance on the structure within 60 days of completion of the
project.
3. Confirmation that the Property Owner has recorded a "Deed Notice" for
the project property located within a SFHA, that: "This property has
received Federal hazard mitigation assistance. Federal law requires that
insurance coverage on this property must be maintained during the life of
the property regardless of transfer of ownership of such property.
Pursuant to 42 U.S.C. 5154a, failure to maintain flood insurance on this
property may prohibit the owner from receiving Federal disaster
assistance with respect to this property in the event of a flood disaster.
The Property Owner is also required to maintain this property in
accordance with the flood plain management criteria of Title 44 of the
Code of Federal Regulations Part 60.3 and City/County Ordinance."
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 Property Owner shall provide the
County with a detailed listing of project expenditures, classified according to the
listed categories, as part of any request for payment. Any expenditure that does
not clearly fall under the specified categories shall be submitted to the County for
review and determination of funding eligibility under the Severe Repetitive Loss
Program.
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Preliminary cost estimates for this project have been provided to the
County, and those costs that are eligible have been incorporated into the
categories outlined below.
The amounts set forth below are estimates, and the County may allow the
Property Owner to exceed the estimates and be reimbursed for 100% of
expenditures in a category, provided that the total reimbursement shall not
exceed $149,478.66 (federal share).
Federal Local
Eligible Cost Item Total Cost Share (90%) Share
(10%)
Foundation (16x16x8 cbs columns) $10,875.00 $9787.50
$1087,50
Hurricane shutters $2,126.00 $1913.40
$212.60
Cantilevered AlC platform $350.00 $315.00
$35.00
Elevation Certificate $400.00 $40.00
$360.00
Demolition of existing mobile home $ 15, 000.00
$13500.00 $1500.00
DCA approved modular home $136,886.40 $13688.64
$123197.76
Engineer Report $450.00 $405.00
$45.00
TOTAL PROJECT COST $166,087.40 $149, 478.66 $16,608.74
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Attachment 8
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) OMS Circular No. A-11 0
(2) OMS Circular No. A-87
(3) OMS Circular No. A-21
(4) OMS Circular No. A~122
(5) OMS Circular No. A-133
(6) Federal Acquisition Regulations 312 and 931.2
(7) Americans With Disabilities Act (Public Law 101-336,42 U.S,C.
Section 121 01 ~)
(8) Cash Management Improvement Act of 1990
(9) Immigration and Nationality Act Section 274A(e)
(10) Chapter 119 Florida Statute
(11) Chapter 216 Florida Statute
(12) Chapter 768.28 Florida Statute
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Attachment C
Statement of Assurances
To the extent the following provisions apply to the award of assistance in this
Agreement, as determined by the awarding agency, the Property Owner hereby
assures and certifies that:
(a) He possesses legal authority to enter into this agreement, and to execute
the proposed program;
(b) No member of or delegate to the Congress of the United States, and no
Resident Commissioner, shall be admitted to any share or part of this
agreement or to any benefit to arise from the same. No member, officer,
or employee of the County or its designees or agents, no member of the
governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any
functions or responsibilities with respect to the program during his tenure
or for one year thereafter, shall have any interest direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed
in connection with the program assisted under this agreement: The
Property Owner shall incorporate or cause to be incorporated, in all such
contracts or subcontracts a provision prohibiting such interest pursuant to
the purpose state above;
(c) The Property Owner warrants that he/it has not employed, retained or
otherwise had act on his/its behalf any former County officer or employee
in violation of Section 2 of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For
breach or violation of this provision the County may, in its discretion,
terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to
the former County officer or employee;
(d) All contracts between the Property Owner and any contractor or
subcontractor of any tier shall contain language stating that any costs
incurred after a notice of suspension or termination is received by the
County may not be funded with funds provided under this Agreement
unless previously approved in writing by Florida Department of Emergency
Management. All contracts shall contain provisions for termination for
cause or convenience and shall provide for the method of payment in such
event;
(e) Property Owner will comply with:
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(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C.
327 et seq., requiring that mechanics and laborers (including
watchmen and guards) employed on federally assisted contracts be
paid wages of not less than one and one-half times their basic
wage rates for all hours worked in excess of forty hours in a work
week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq.,
requiring that covered employees be paid at least the minimum
prescribed wage, and also that they be paid one and one~half times
their basic wage rates for all hours worked in excess of the
prescribed work-week.
(f) Property Owner will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the
regulations issued pursuant thereto, which provides that no person
in the United States shall on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or
activity for which the Property Owner receives Federal financial
assistance and will immediately take any measures necessary to
effectuate this assurance. If any real property or structure thereon
is provided or improved with the aid of Federal financial assistance
extended to the Property Owner, this assurance shall obligate the
Property Owner, or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure
is used for a purpose for which the Federal financial assistance is
extended, or for another purpose involving the provision of similar
services or benefits;
(2) Any prohibition against discrimination on the basis of age under the
Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-
6107) which prohibits discrimination on the basis of age or with
respect to otherwise qualified handicapped individuals as provided
in Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375
and 12086, and the regulations issued pursuant thereto, which
provide that no person shall be discriminated against on the basis
of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted
construction contracts; affirmative action to insure fair treatment in
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff/termination, rates of payor other
forms of compensation; and election for training and
apprenticeship;
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(g) The Property Owner agrees to comply with the Americans With Disabilities
Act (Public aw 101-336, 42 U.S.C. Section 12101 et seq.), where
applicable, which prohibits discrimination by public and private entities on
the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in
telecommunications;
(h) The Property Owner will establish safeguards to prohibit employees from
using positions for a purpose that is or gives the appearance of being
motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties pursuant to
Section 112.313 and Section 112.3135, FS;
(i) Property Owner will comply with the Anti-Kickback Act of 1986, 41 U.S.C.
Section 51 which outlaws and prescribes penalties for "kickbacks" of
wages in federally financed or assisted construction activities;
(j) Property Owner will comply with the provisions of 18 USC 594, 598, 600-
605 (further known as the Hatch Act) which limits the political activities of
employees; .
(k) Property owner will comply with the flood insurance purchase and other
requirements of the Flood Disaster Protection Act of 1973 as amended, 42
USC 4002-4107, including requirements regarding the purchase of flood
insurance in communities where such insurance is available as a condition
for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area having special flood hazards.
The phrase "Federal financial assistance" includes any form of loan, grant,
guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
(I) Property Owner will require every building or facility (other than a privately
owned residential structure) designed, constructed, or altered with funds
provided under this Agreement to comply with the "Uniform Federal
Accessibility Standards," (AS) which is Appendix A to 41 CFR Section
101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for
residential structures. The Property Owner will be responsible for
conducting inspections to ensure compliance with these specifications by
the contractor;
(m) Property Owner will, in connection with its performance of environmental
assessments under the National Environmental Policy Act of 1969, comply
with Section 106 of the National Historic Preservation Act of 1966 (U.S.C.
470), Executive Order 11593, 24 CFR Part 800, and the Preservation of
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Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.)
by:
(1) Consulting with the State Historic Preservation Office to
identify properties listed in or eligible for inclusion in the
National Register of Historic Places that are subject to
adverse effects (see 36 CFR Section 800.8) by the proposed
activity; and
(2) Complying with all requirements established by the State to
avoid or mitigate adverse effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic
Agreement Among the Federal Emergency Management
Agency, the Florida State Historic Preservation Office,
the Florida Division of Emergency Management and the
Advisory Council on Historic Preservation, (PA)" which
addresses roles and responsibilities of Federal and State
entities in implementing Section 1 06 of the National Historic
Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
. regulations in 36 CFR part 800.
(4) When any of Property Owner1s projects funded under this
Agreement may affect a historic property, as defined in 36
CFR 800. (2)(e), the Federal Emergency Management
Agency (FEMA) may require Property Owner to review the
eligible scope of work in consultation with the State Historic
Preservation Office (SHPO) and suggest methods of repair
or construction that will conform with the recommended
approaches set out in the Secretary of Interior's Standards
for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings 1992 (Standards), the Secretary of the
Interior1s Guidelines for Archeological Documentation
(Guidelines) (48 Federal Register 44734-37), or any other
applicable Secretary of Interior standards. If FEMA
determines that the eligible scope of work will not conform
with the Standards, Property Owner agrees to participate in
consultations to develop, and, after execution by all parties,
to abide by, a written agreement that establishes mitigation
and recondition measures, including but not limited to,
impacts to archeological sites, and the salvage, storage, and
reuse of any significant architectural features that may
otherwise be demolished.
(5) Property Owner agrees to notify FEMA and OEM if any
project funded under this Agreement will involve ground
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disturbing activities, including, but not limited to: subsurface
disturbance; removal of trees; excavation for footings and
foundations; and installation of utilities (such as water,
sewer, storm drains, electrical, gas, leach lines and septic
tanks) except where these activities are restricted solely to
areas previously disturbed by the installation, replacement or
maintenance of such utilities. FEMA will request the SHPO's
opinion on the potential that archeological properties may be
present and be affected by such activities. The SHPO will
advise Property Owner on any feasible steps to be
accomplished to avoid any National Register eligible
archeological property or will make recommendations for the
development of a treatment plan for the recovery of
archeological data from the property.
If Property Owner is unable to avoid the archeological
property, develop, in consultation with the SHPO, a
treatment plan consistent with the Guidelines and take into
account the Advisory Council on Historic Preservation
(Council) publication "Treatment of Archeological
. Properties". Property Owner shall forward information
regarding the treatment plan to FEMA, the SHPO and the
Council for review. If the SHPO and the Council do not
object within 15 calendar days of receipt of the treatment
plan, FEMA may direct Property Owner to implement the
treatment plan. If either the Councilor the SHPO object,
Property Owner shall not proceed with the project until the
objection is resolved.
(6) Property Owner shall notify OEM 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
OSR or modify an HMGP project for a National Register
eligible or listed property; (c) if it appears that a project
funded under this Agreement will affect a previously
unidentified property that may be eligible for inclusion in the
National Register or affect a known historic property in an
unanticipated manner. Property Owner acknowledges that
FEMA may require Property Owner to stop construction in
the vicinity of the discovery of a previously unidentified
property that may be eligible for inclusion in the National
Register or upon learning that construction may affect a
known historic property in an unanticipated manner.
Property Owner further acknowledges that FEMA may
require Property Owner to take all reasonable measures to
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avoid or minimize harm to such property until FEMA
concludes consultation with the SHPO. Property Owner also
acknowledges that FEMA will require, and Property Owner
shall comply with, modifications to the project scope of work
necessary to implement recommendations to address the
project and the property.
(7) Property Owner acknowledges that, unless FEMA
specifically stipulates otherwise, it shall not receive funding
for projects when, with intent to avoid the requirements of
the PA or the NHPA, Property Owner intentionally and
significantly adversely affects a historic property, or having
the legal power to prevent it, allowed such significant
adverse affect to occur.
(n) Property Owner will comply with Title IX of the Education Amendments of
1972, as amended (20 U.S.C.: 1681-1683 and 1685 -1686) which
prohibits discrimination on the basis of sex;
(0) Property Owner will comply with the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42
U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;
(p) Property Owner will comply with 523 and 527 of the Public Health Service
Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records;
(q) Property Owner will comply with Lead-Based Paint Poison Prevention Act
(42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in
construction of rehabilitation or residential structures;
(r) Property Owner will comply with the Energy Policy and Conservation Act
(P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state
Energy Conservation Plan adopted pursuant thereto;
(s) Property Owner will comply with the Laboratory Animal Welfare Act of
1966,7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment
of warm blooded animals held for research, teaching, or other activities
supported by an award of assistance under this agreement;
(t) Property Owner will comply with Title VII I of the Civil Rights Act of 1968,
42 U.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;
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(u) Property Owner will comply with the Clean Air Act of 1955, as amended,
42 U.S.C. 7401-7642;
(v) Property Owner will comply with the Clean Water Act of 1977, as
amended, 42 U.S.C. 7419-7626;
(w) Property Owner will comply with the Endangered Species Act of 1973, 16
U.S.C.1531-1544;
(x) Property Owner will comply with the Intergovernmental Personnel Act of
1970,42 U.S.C. 4728-4763;
(y) Property Owner will assist the awarding agency in assuring compliance
with the National Historic Preservation Act of 1966, as amended, 16
U.S.C.270;
(z) Property Owner will comply with environmental standards which may be
prescribed pursuant to the National Environmental Policy Act of 1969, 42
U.S.C. 4321 "'4347;
(aa) Property Owner will assist the awarding agency in assuring compliance
with the Preservation of Archeological and Historical Preservation Act of
1966, 16 U.S.C. 469a, et seq;
(bb) Property Owner will comply with the Rehabilitation Act of 1973, Section
504,29 U.S.C. 794, regarding non-discrimination;
(cc) Property Owner will comply with the environmental standards which may
be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C.
300f-300j, regarding the protection of underground water sources;
(dd) Property Owner will comply with the requirements of Titles II and III of the
Uniform Relocation Assistance and Property Acquisition Policies Act of
1970,42 U.S.C. 4621-4638, which provide for fair and equitable treatment
of persons displaced or whose property is acquired as a result of Federal
or federally assisted programs;
(ee) Property Owner will comply with the Wild and Scenic Rivers Act of 1968,
16 U.S.C. 1271-1287, related to protecting components or potential
components of the national wild and scenic rivers system;
(ff) Property Owner will comply with the following Executive Orders: EO
11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain
Management); EO 11990 (Wetlands); and EO 12898 (Environmental
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Justice);
(gg) Property Owner will comply with the Coastal Barrier Resources Act of
1977,16 U.S.C. 3510;
(hh) Property Owner will assure project consistency with the approved State
program developed under the Coastal Zone Management Act of 1972, 16
U.S.C. 1451-1464; and
(ii) Property Owner will comply with the Fish and Wildlife Coordination Act of
1958; 16 U.S.C. 661-666.
(jj) With respect to demolition activities, Property Owner will:
1 . Create and make available documentation sufficient to demonstrate
that the Property Owner and its demolition contractor have
sufficient manpower and equipment to comply with the obligations
as outlined in this Agreement.
2. Return the property to its natural state as though no improvements
had ever been contained thereon.
3. Furnish documentation of all qualified personnel, licenses and all
equipment necessary to inspect buildings located in Property
Owner's jurisdiction to detect the presence of asbestos and lead in
accordance with requirements of the U.S. Environmental Protection
Agency, the Florida Department of Environmental Protection and
the County Health Department.
4. Provide documentation of the inspection results for each structure
to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by
Property Owner to remove asbestos and lead from demolished or
otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify DEM promptly of any unusual existing condition which
hampers the contractors work.
8. Obtain all required permits.
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9. Provide addresses and marked maps for each site where water
wells and septic tanks are to be closed along with the number of
wells and septic tanks located on each site. Provide documentation
of closures.
10. Comply with mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation
plan issued in compliance with the Energy Policy and Conservation
Act (Public Law 94-163).
11. Comply with all applicable standards, orders, or requirements
issued under Section 112 and 306 of the Clean Air Act (42 U.S.C.
1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368),
Executive Order 11738, and the U.S. Environmental Protection
Agency regulations (40 CFR Part 15 and 61). This clause shall be
added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
27
Attachment D
Notice to Property Owner: Funding
This is a cost-reimbursement agreement. The County shall provide SRL funds to
mitigate the Recipient's home at 4 Beach Drive, Saddlebunch Keys, FL 33040 for
approximately $166,087.40 as described in Attachment A-2 to this Agreement.
The Property Owner shall be reimbursed for SRL eligible costs up to an amount
not to exceed $149,478.66 incurred in the satisfactory performance of work
required to complete the Project. The Property Owner is responsible for a cash
or in-kind match from non-federal sources for 10% of the Project's local share up
to an amount not to exceed $16,608.74. This may include (1) Property Owner's
cash funds provided to contractors and consultants to carry out approved
mitigation activities; (2) cash funds provided by any non-federal source, and (3)
10% local match contribution can be made by Property Owner through in-kind
match.
Allowable costs shall be determined in accordance with the OMB Circular A-87,
44 Code of Federal Requlations (CFR) Part 78, 44 CFR, Part 13, and other
applicable Severe Repetitive Loss (SRL) program guidance. The reimbursement
payment shall be provided subsequent to (1) satisfactory completion of the
Project; (2) submittal of required receipts; and (3) receipt of payment by the
County of Program Funds sufficient to fund all reimbursement projects in which
the County is participating from the State of Florida, Department of Emergency
Management. If, for any reason, the County does not receive sufficient funds
from such federal or State sources to fund the reimbursement contemplated
herein, in whole or in part, the County shall be obligated to the Property Owner
only for the Property Owner's pro rate share of allowable funds.
The final payment of funds will be made only after Project completion,
submission of all required documentation and a formal request for final payment.
Payment and retention of all funding under this Agreement is subject to final
review identifies payments for ineligible expenses, the Property Owner shall be
determined in non-compliance with this Agreement and funds shall be repaid or
recaptured.
In recognition that the Property Owner will have and receive full value and benefit
from the Project, the Property Owner waives any claim whatsoever to Project
funds not received by the County from other funding sources for any reason
including failure of the County to comply with program requirements, non-
appropriation or any other reason irrespective of the County's fault or negligence.
The amount of funding available for SRL activities is limited by the National Flood
I nsurance Reform Act, 42 USC 4104c. The funding provided under this
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Agreement shall be considered in evaluating eligibility for future SRL funding
awards.
Funds may be recaptured from the Property Owner by the County or FEMA in
the event of non-compliance with the terms and conditions of this Agreement.
The Property Owner consents and agrees that in the event of a final
determination of non-compliance, the Property Owner shall immediately remit
repayment of the ineligible expenses to the County. In the alternative, any other
funds due and payable to the Property Owner from either FEMA or the County
may be retained by the City or FEMA for purposes of recapture. Recapture may
result from any non-compliance, including but not limited to (1) failure to provide
the required matching funds; (2) failure to complete the Project within the
specified time or failure to complete the Project in accordance with applicable
provisions of this Agreement, FEMA regulations, or other applicable law or
guidance. Any Property Owner who has had funds recaptured under SRL shall
be ineligible for future funding for a period of five (5) years from the date the
funds were withdrawn.
The Coastal Barrier Resources Act (COBRA) significantly limits the availability of
Federal assistance in areas designated within the Coastal Barrier Resources
System. The Property Owner represents and warrants that no funds from this
Agreement will be utilized in a COBRA designated unit.
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