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Item C36
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 21, 2009 Division: EmergencyEmergengy Services Bulk Item: Yes X No Department:__ Emergency Management Staff Contact Person: Jose Tezanos AGENDA ITEM WORDING: Approval of Modification Number One entered into by and between the State of Florida, Division of Emergency Management, ("the Division"), and Monroe County ("Recipient") to modify the term of the DCA Agreement: 09SR-47-11-54-01- 030, dated August 7, 2009 ("the Agreement") to begin January 22, 2009, and shall end December 31, 2011; 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 executed 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 Dale Finigan (owner) will be responsible for the implementation and completion of the elevation project in accordance with the attachments and Scope of Work and shall be consistent with all applicable planning, .permitting and building requirements of Monroe County. PREVIOUS RELEVANT BOCC ACTION: Agreement under the Severe Repetitive Loss (SRL) Grant program contract number: 09SR-47-11-54-01- SRL-PJ-04-FL-2008-024 Finigan was approved as a bulk item during the May 20, 2009 BOCC meeting. CONTRACT/AGREEMENT CHANGES: Subsequent agreement between Monroe County and the owner shall be approved and executed by the BOCC prior to the start of any construction. STAFF RECOMMENDATIONS: It is appropriate to accept Modification Number One. TOTAL COST: NONE BUDGETED: Yes No X COST TO COUNTY: NONE SOURCE OF FUNDS: Grant REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year 149,478.66 - APPROVED BY: County Att OrPurchasingX Risk 1Vlana ement X y g DOCUMENTATION: 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- 47-11-54-01-030 Finigan Effective Date: January 22, 2009 Expiration Date: December 31, 2011 Contract Purpose/Description: Approval of Modification Number One entered into by and betweenthe State of Florida, Division of Emergency Mana ement "the Division"). and Monroe Count ("Recipient") to modify the term of the DCA Agreement: 09SR-47-11-54-01- 030, dated August 7, 2009 ("the Agreement")to begin January 22, 2009, and shall end December 31, 2011 Contract Manager: Jose Tezanos 6325 14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on Oct 21, 2009 Agenda Deadline: Oct 6, 2009 CONTRACT COSTS Total Dollar Value of Contract: $ 149,478.66 Current Year Portion: $ Budgeted? Yes❑ No ® Account Codes: GEOcla - - Grant: $ 149,478.66- County Match: $ 0 - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial CONTRACT REVIEW Changes Date In Needed Division Director % -3v .,09 Yes❑ No[J Risk Mana ement $1 Yes[]NoD' 4� jbq O.A./Purch tng a Yes❑ Nob ' County Attorney � 3 b� Yes ❑ No E Comments: T�-t n& -e ce .'s &e ` r- C loiA _ ai e h,/nioPj/" c og r 7V The Lotktn OMB Form Revised 2/27/01 MCP 0- 1 E, PX1 T.1 salaries, etc.) 9 Date Out d-.pg L29Ld -z3-Zoo9 _A4 e -&,e 9 eaq uvsej Contract No. 09SR47.11-54-01-030 FEMA No. SRLrPR4-FI.2008-024 - Finegan MODIFICATION NUMBER ONE TO SUBGRANT AGREEMENT BETWEEN THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND MONROE COUNTY This Modification is made and entered into by and between the State of Florida, Division of Emergency Management, ("the Division"), and Monroe County ("Recipient") to modify DCA Contract Number 09SR-47-11.54-01-030, dated August 7, 2009 ("the Agreement"). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant of $ 149,478.66 to Recipient; and WHEREAS, the Division and the Recipient desire to modify the term of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: Paragraph 3 of the Agreement is hereby amended to read as follows: This Agreement shall begin January 22, 2009, and shall end December 31, 2011, unless terminated earlier in accordance with the provisions of paragraph 12 of this Agreement. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. 3. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out below. RECIPIENT: By: Name and Title: Date: MONROE COUNTY ATTORNEY PR VED AS �HAALL RM: CYNTHIA L. ASSISTANT COUNTY ATTORNEY Date- 2a�9 DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Date: Page l of 2 Tezanos-Jose From: Johnson, Helen [Helen.Johnson@em.myflodda.com] Sent: Tuesday, September 22, 2009 4:01 PM To: Tezanos-Jose Cc: Hopkins, Shemeeka Subject: SRL-PJ-04-FL-2008-024 Finigan Contract Modification Attachments: finegan - DEM amendment to change start date.pdf The proposed contract modification has been forwarded to you electronically, if you are unable to print the attached documentation please contact the staff listed below. Dear Mr.Tezanos: Attached is your copy of the proposed contract modification between Monroe County and the Division of Emergency Management for SRL-PJ-04-FL-2008-024 — Finegan Mitigation Reconstruction project. Please print four 4 copies of the contract modification. The official representative, as listed below, will need to sign the document. The four (4) signed original contracts should then be sent to the Tallahassee address listed below for full execution no later than sixty (60) days after receipt of this e-mail for final execution. One original fully executed contract modification will be returned to Monroe County for its files. Official Representatives: County: Chairman of the Board of Commissioners City: Mayor Indian Tribe: Chief or President Water Management District: Chairman Non -Profit: Chairman of the Board If there is an official that is not listed above who is authorized to sign the contracts for your organization, please provide a copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign. If you have questions regarding this contract or who is authorized to sign it, please call Helen Johnson at 850-922- 4077. PLEASE RETURN SIGNED CONTRACT MODIFICATION TO THE ADDRESS BELOW Flood Mitigation Assistance Program Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Attn: Helen Johnson 7 Helen M. Johnson, Planner Bureau of Mitigation Florida Division of Emergency Management 9/22/2009 i d0P Contract Number: WSR-47-11-54-01- 03 0 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 authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: {i) 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. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) 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. E (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 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 OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement 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, 3 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 directlto 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 aurilia.parrishCdca.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 101h 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 OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department and the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, 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 (IPA) 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 I✓ submitted to the Department and the Division no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (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. A In addition to reviews of audits conducted in accordance with OMB 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 FA 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 fail 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 unwilling 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 any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (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; Agreement; (b) Commence an appropriate legal or equitable action to enforce performance of this (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, 9 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 any one 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 63rd Street, Ocean, Suite 150 Marathon, Florida 33050-3961 Phone: (305) 289-6325 Fax: (305) 289-3666 Tezanos-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. 10 (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 (iii) 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 11 (17) FUNDING/CONSIDERATION (a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $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 maybe advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A- 122 and the Cash Management Improvement Act of 1990. If 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: 12 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 obtaining'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. 13 (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), 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 submitted 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. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INN')]. 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. (o) 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 termsof this Agreement. (24) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 0 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: MON,ROE COUNTY mm 2 Name and title: C5-42-eDY -e— X. /Vf1-'UM Date: FID#.%�©���� STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: Name and Title: W. Craig Fugate, Director D Date:6 b -/, a �w/CGS 19 a -/-L MONROE COUNTY ATTORNEY AP COVED A5 T F RM NTHIA L. IALL ASSISTANT COUNTY ATTO NEY Date 62 ALI ; 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 blood insurance Reform Act of 2004, Public Law 108-264, with the goal of reducing flood damages to SRL properties. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided ,to the recipient. 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; S. 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 (10) 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 (DEM) under this subgrant is only intended to pay for the materials and labor for the installation of storm shutters and/or other hardening activities as a retrofit measure for the Recipients building to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by DEM 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-Design and Construction for Community Shelter. It is understood and agreed by DEM 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 DEM 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 January 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 following project sub -grant has been approved through the SRL grant program pursuant to the Congressional appropriations for Fiscal Year 2008. The revised Scope of Work (SOW) and Budget submitted by the State for this SRL project sub -grant is approved subject to the Conditions below. Please be advised that any proposed change in the list of participating properties or project type represents an SOW change and must be approved by our office prior to issuance of a contract or start of construction. 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 CATEX for this project has been issued in eGrants. After a review of the proposed project and the environment, and provided that the conditions listed below are met, it was determined that no -- extraordinary circumstances, as defined in 44 CFR 14.8(d)(3), exist regarding this proposed project. The following "conditions of approval" are placed on this project. Engineering/Desigg 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 L 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/jzovemmenLV rant/srl/f 2OO8.shtm. 3. Mitigation reconstruction activities must result only in an approximation of the original square footage of the structure. The square footage of all resulting structures shall be no more than 10 percent greater than that of the original structure. The final square footage will be verified at the time of subgrant closeout for compliance with this requirement. 4. The subgrantee shall submit to the Grantee a Certificate of Occupancy and Final Elevation Certificate for each structure in the project to certify that the structure is code compliant. A copy of a recorded deed for each property including mitigation reconstruction project deed requirements shall also be submitted to the Grantee. In addition, a certification from a building official or licensed design professional verifying that the structure was designed and constructed to the minimum standard of the 2003 International Codes must be provided. These documents shall be submitted before closeout can be completed. If a subgrantee fails to provide these documents, FEMA has the authority to recoup grant funds provided for the project. 5. Please refer to the SRL 2008 Guidance available at htti)://www.fema.gov/government/grant/srl/2008.shtm for additional requirements. In compliance with the SRL FY2008 Guidance, Section 3.4 Special Flood Hazard Area (SFHA) Requirements, the following requirements apply to any project to alter existing structures, to include mitigation reconstruction and second story conversion projects that are sited within an SFHA: L When the project is implemented, all structures that will not be demolished or relocated out of the SFHA must be covered by an NFIP flood insurance policy to an amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the particular property, whichever is less. 2. The subgrantee(or property owner) .will legally record with the county or appropriate jurisdiction's land records a notice that includes the name of the current property owner (including 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. 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: http://www.fema-gov/aovermuent/crrant/sfha conditions.shtm or from FEMA Regional Offices. Properties that do not meet these requirements will not be eligible to receive assistance under the SRL program. Environmental Conditions 1. The Applicant must follow all applicable state, local, and federal laws, regulations, and requirements, and obtain (before starting project work) and comply with all required permits and approvals. If start of project work is delayed for a year or more after the date of this CATEX, then coordination with and project review by appropriate regulatory agencies must be redone. 2. Any change, addition, or supplement to the approved project SOW that alters the project (including other work not funded by FEMA, but done substantially at the same time) will require re -submission of the application to FEMA for NEPA re-evaluation before starting project work. 3. Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. The contractor will implement measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer -related wastes during project work. 4. Any hazardous materials found onsite, such as asbestos or lead -based paint, will also be managed in accordance with all applicable state, local, and federal laws and regulations. The terms and conditions of this award are provided in the Agreement Articles issued through eGrants by Ms. McNease. Please review the Articles thoroughly and abide by all provisions. Quarterly progress reports for SRL are required in accordance with 44 CFR 13.40. Please include this project in future reporting. The Period of Performance (POP) for this award is three years, January 14, 2009, through December 30, 2011. The POP for this sub -grant should be documented on all correspondence submitted to this office concerning the sub -grant, in addition to the quarterly report. Thank you for submitting an application to the FY 2008 SRL grant program. If you have any questions, please contact Gabriela Vigo of my staff at (229) 225-4546,. Concurrence: SRR CES Sincerely, Clayton E. Saucier, Chief Hazard Mitigation Assistance Mitigation Division 26 Attachment A-2 BUDGET AND SCONE OF WORK FOR INDIVIDUAL RESIDENCE Property Owner: Dale Finigan 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. Funding Summary Federal Share: Local Share: Project Cost: $ 149,478.66 (90%). $ 16, 608.74 (10%) $ 166, 087.40 The Division of Emergency Management (DIEM) 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 CATEX, then coordination with and project review by appropriate regulatory agencies must be redone. 2. Any change, addition, or supplement to the approved project Scope Of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time) will require re -submission of the application to FEMA for NEPA re-evaluation before starting project work. 3. Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. The contractor will implement measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer -related wastes during project work. 4. Any hazardous materials found onsite, such as asbestos or lead -based paint, will also be managed in accordance with all applicable state, local and federal laws and regulations. As part of the closeout documentation, the recipient shall provide to the department the following 1. Signed notices from the affected property owner in the SFHA that the sub -grantee will record a Deed Notice applicable to their property, as described in 3, below, and that they will maintain flood insurance. (A model notice is attached to this revised budget and scope of work). 2. Verification that the property owner located within a SFHA has obtained flood insurance on the structure within 60 days of completion of the project. 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." Eligible Expenditures The categories outlined below are generally considered eligible for reimbursement under the Severe Repetitive Loss Program. Only reasonable eligible expenses may be reimbursed. The Recipient shall provide the Division with a detailed listing of project expenditures, classified according to the listed categories, as part of any request for payment. Any expenditure that does not clearly fall under the specified categories shall be submitted to the Division for review and determination of funding eligibility under the Severe Repetitive Loss Program. Preliminary cost estimates for this project have been provided to the Division, and those costs that are eligible have been incorporated into the categories outlined below. The amounts set forth below are estimates, and the Recipient may allow the Property Owner to exceed the estimates and be reimbursed for 100% of expenditures in a category, provided that the total reimbursement shall not exceed $149, 478.66 (federal share). Eligible Cost Item Total Cost Federal Share (90%) Local Share (1 0% Foundation 16x16x8 cbs columns $10,875.00 $9787.50 $1087.50 Hurricane shutters $2,126.00 $1913.40 $212.60 Cantilevered A/C platform $350.00 $315.00 $35.00 Elevation Certificate $400.00 $360.00 $40.00 Demolition of existing mobile home $ 15, 000.00 $13500.00 $1500.00 DCA approved modular home $136, 886.40 $123197.76 $13688.64 Engineer 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. §§4001-4129) 44 C.F.R. Parts 13 and 78 0 (1) OMB Circular No. A-110 (2) OMB Circular No. A-87 (3) OMB Circular No. A-21 (4) OMB Circular No. A-122 (5) OMB Circular No. A-133 (6) Federal Acquisition Regulations 312 and 931.2 (7) American's With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 (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 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 (DEM), including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above; (d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by DEM. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Flours 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 pay or other forms of compensation; and election for training and apprenticeship; (g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42 U.S.C. Section 12101 et. seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; (h) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS; It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (j) It will comply with the provisions of 18 USG 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; (k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; (1) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal 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 DEM if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, [each lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO,.a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify DEM and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient 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; (o) 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) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq; 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 It 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 comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. 0j) 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: 1,111:IM&`1I CITY, STATE, ZIP CODE: Monroe County 490 63rd Street, Ocean Suite 150 Marathon, FL 33050-3961 PAYMENT No: DEM Agreement No:_09SR-47-11-54-01. FEMA Tracking Numbers: SRL-PJ-04-FL-2008-024 Fini an Miti ation Reconstruction Eligible Amount 100% Obligated Federal 90% Obligated Non -Federal 10% Previous payments Current Request DEM Use Only Approved Comments TOTAL CURRENT REQUEST $ 1 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 197.1 TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ APPROVED FOR PAYMENT $ GOVERNOR'S AUTHORIZED REPRESENTATIVE 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 Count Fini an Mitigation Reconstruction DEM Agreement No. 09SR-47-11-54-01 FEMA Tracking # SRL-PJ-04-FL-2008-024 Applicant's Reference No, (Warrant, Voucher, Claim Check, or Schedule No.) Date of delivery of articles, completion of work or performance services, DOCUMENTATION List Documentation (Applicant's payroll, material out of applicant's stock, applicant owned equipment and name of vendor or contractor) by category and line item in the approved project application and give a brief description of the articles or services. Applicant's Eligible Costs 100% TOTAL 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 reci ients: Must provide an estimation (with justification/rationale) of expenditures for the first three months of the contract. B. Continuinq 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 SFYIFFY 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 SFYIFFY 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 Columns 6-10. ME 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. 061 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 No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would -not be able to operate the program without this advance. If you are requesting an advance, complete the following worksheet. (A) (B) (C) (D) FFY FFY IFFY Total DESCRIPTION 2005-2006 2006-2007 2007-2008 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 b Iine 1.) AMC.{ {;f Yifw •Mww{ .` .........- :i. .....� ____ _____ _ _ . • . .. +«+,_'�l vnp+c�su1eures IRMU umy oe provided Tor the years in which you requested an advance. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: �5 Cell D3 FMA Award MAXIMUM (Do not include match) 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 TOTAL EXPENSES Explanation of Circumstances: 41 Attachment F DIVISION OF EMERGENCY MANAGEMENT SEVERE REPETITIVE LOSS GRANT PROGRAM QUARTERLY REPORT FORM RECIPIENTMonroe County Project Number # SRL-PJ-04-FL-2008-024 PROJECT LOCATION: Fini an Mitigation Reconstruction at 4 Beach Drive Saddleunch Keys 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_$ Oct -Dec, 200_$ Jan -Mar, 20C_$ Apr -June, 200_$ July -Sep, 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 anytime. 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 Management Recipient's financial management system shall provide for the following: (t) 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. Competition. 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 Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 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 Name and Title Street Address City, State, Zip Date Recipient's Name Division Contract Number MONROE COUNTY ATTORNEY APRROVED AS,TQ FQPyM: YNTHIA L. HALL ASSISTANT COUNTY ATTORNEY Date—s 6—r� zba 45