HomeMy WebLinkAboutFunding AgreementContract Number: 08-FA-C2-11-23-00-529
CFDA No: 97.036
For Disaster Declaration No.: FEMA-3288-EM (TS Fay)
FEMA/State Public Assistance Program
Applicant Funding Agreement
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
("Division"), and Miami, City Of , ("Recipient").
086-45000-00
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. The Division has received these grant funds from the state of Florida, and has the authority to sub grant
these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK
The recipient shall perform the work in accordance with the FEMA/State Public Assistance Program grant
funding requirements as further described in Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable state and federal laws, rules and
regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall end upon approval of closeout by the
Federal Emergency Management Agency ("FEMA") but in any event no later than eight (8) years from the date of
execution, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
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(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are agreed upon
shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal Common
Rule: Uniform Administrative Requirements for and Local Governments" (53 Federal Register 8034) or OMB
Circular No. A-110, "Grants and Agreements with Institutions of Higher 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 to show its compliance with the terms of this Agreement,
and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five
years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial
Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit
working papers are available to them upon request for a period of five years from the date the audit report is issued,
unless extended in writing by the Division. The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five
year period, the records shall be retained until all litigation, claims or audit findings involving the records have been
resolved.
2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time it
is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after the closing on the transfer
of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be
paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient
to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment B -
and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from
funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its
employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Division.
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(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 reasonable times for inspection, review, or audit by state personnel
and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal
business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial statements upon
request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a 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. Attachment A to this Agreement shows the Federal resources awarded through the
Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall
consider all sources of federal awards, including Federal resources received from the Division. The determination
of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-
133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill
the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the Recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient
expends less than $500,000 in federal awards in its fiscal year and chooses to have an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as
revised, by or on behalf of the Recipient to each of the following addresses:
Division of Emergency Management
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Division of Emergency Management
Bureau of Recovery
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of
copies required by Sections 320(d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10`h Street
Jeffersonville, IN 47132
Other federal agencies and pass -through entities in accordance with Sections 320 (e) and (f), OMB Circular
A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of the
reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued
by the auditor, to the Division at the following addresses:
Division of Emergency Management
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Bureau of Recovery
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) If the Recipient is a non -state entity as defined by Section 215.97, Fla. Stat., it shall comply with the
following:
If the Recipient expends a total amount of state financial assistance equal to or more than $500,000 in any
fiscal year of such Recipient, the Recipient must have a state single or project -specific audit for such fiscal year in
accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Chief
Financial Officer; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement shows the state financial assistance
awarded by this Agreement. In determining the financial assistance expended in its fiscal year, the Recipient shall
include all sources of state financial assistance, including state funds received from the Division, other state
agencies, and other non -state entities. State financial assistance does not include federal direct or pass -through
awards and resources received by a non -state entity for federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(g) above, the Recipient shall
ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes submission of a
reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
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If the Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the
Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the
non -state entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from
other than state entities). Additional information on the Florida Single Audit Act may be found at the following
website: http://www.state.fl.us/fsaaistatutes.html.
(h) Report Submission
1. The annual financial audit report shall include all management letters and the Recipient's
response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial assistance specifically
identifying all Agreement and other revenue by sponsoring agency and Agreement number.
3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or
on behalf of the Recipient directly to each of the following offices:
Division of Emergency Management
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Division of Emergency Management
Bureau of Recovery
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted to the Division
pursuant to this Agreement shall be submitted on time as required under OMB Circular A-133, Laws of Florida, and
§§ 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Fla. Stat., Rules of the
Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Division for audits done in
accordance with OMB Circular A-133 or §§ 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Fla. Stat., 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) By the date due, send any reports, management letter, or other information required to be submitted to
the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and §§ 10.550
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(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Fla. Stat., Rules of the Auditor
General, as applicable.
(j) Recipients should state the date that the reporting package was delivered to the Recipient when
submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A-133 or
§§ 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Fla. Stat., Rules of the
Auditor General,
(k) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the
conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not
spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division
has notified the Recipient of such non-compliance.
(1) The Recipient shall have all audits completed by an independent certified public accountant (IPA),
either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state
that the audit complied with the applicable provisions noted above. The audit must be received by the Division no
later than nine months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports
shall include the current status and progress by the Recipient and all sub recipients and subcontractors in completing
the work described in the Attachment B (Scope of Work) and the expenditure of funds under this Agreement, in
addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the
program year and shall be sent each quarter until submission of the administrative close-out report. The ending
dates for each quarter of the program year are March 31, June 30, September 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of
the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a manner
acceptable to the Division, the Division may withhold further payments until they are completed or may take other
action as stated in Paragraph (I I) REMEDIES. "Acceptable to the Division" means that the work product was
completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be required by the
Division.
(f) The Recipient shall provide additional reports and information identified in Attachment D.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors
and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being
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met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and
other performance goals are being achieved. A review shall be done for each function or activity in Attachment B to
this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures
may include, but not be limited to, on -site visits by Division staff, limited scope audits, and/or other procedures. The
Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division. In the event that the Division or the Department determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Division or the
Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General. In addition, the Division will monitor the performance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., the recipient
is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division
harmless against all claims of whatever nature by third parties arising from the work performance under this
Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division,
but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to
be fully responsible for its negligent or tortuous acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth
in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient
to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision
of the State of Florida to be sued by third parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the Division to
make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any
Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any
further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement
with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of
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the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured
them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time during the term
of this Agreement and the Recipient fails to cure this adverse change within thirty (30) days from the date written
notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or have been
submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations under this
Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following
remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written
notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage
prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the
laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for or the extent of
non-compliance or lack of performance;
2. issue a written warning to advise that more serious measures may be taken if the situation is not
corrected;
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in
question; or
4. require the Recipient to reimburse the Division for the amount of costs incurred for any items
determined to be ineligible.
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this
Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to
insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the
Division, or affect the later exercise of the same right or remedy by the Division for any other default by the
Recipient.
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(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can
include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on
time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Recipient with thirty (30) calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a written
amendment of this Agreement. The amendment will state the effective date of the termination and the procedures
for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the
terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient
will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will
be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement
by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the
purpose of set-off until the exact amount of damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or
first class, certified mail, return receipt requested, to the representative named below, at the address below, and this
notification attached to the original of this Agreement.
(b) The Division contract manager for this Agreement is:
Bureau Chief of Recovery
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: 850.413.9969
Fax: 850.488.1016
(c) The name and address of the Representatives of the Recipient responsible for the administration of this
Agreement are:
Primary Agent: Secondary Agent:
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Telephone: Telephone:
Fax: FAX:
Email: Email:
(d) In the event that different representatives or addresses are designated by either party after execution of
this Agreement, notice of the name, title and address of the new representative will be provided as outlined in
(13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. 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. The Recipient shall
document in the quarterly report the subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether that
subcontractor is a minority vendor, as defined in Section 288.703, 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.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
(c) This Agreement has the following attachments:
Attachment A - Funding Sources
Attachment B — Budget and Scope of Work
Attachment C — Program Statutes and Regulations
Attachment D — Statement of Assurances
Attachment E — Warranties and Representations
Attachment F — Certification Regarding Debarment
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(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, subject to the availability of funds. The total amount of funds available
under this Agreement may be increased or decreased through a Project Worksheet, a copy of which shall be attached
to this Agreement.
(b) Any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990.
(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 Project Worksheets and the Scope of Work (Attachment B)
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 federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph
(20)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall
terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to the order of
"Division" and mailed directly to the following address:
Division of Emergency Management
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 Division for
collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or
draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or
response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of
said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or
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any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause
the termination of this Agreement and the release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions
arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in
conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the
extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall
survive the term of this Agreement.
(d) This 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 seq.), which prohibits discrimination by public and private entities on the basis of disability
in employment, public accommodations, transportation, State and local government services, and
telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a public entity
crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may
not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being
placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds under this
Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more public
transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall
attach an explanation to this Agreement.
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In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion"
(Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. The
form must be received by the Division before the Recipient enters into a contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat.
or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient
for a proper pre- and post -audit thereof.
(j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow
public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat.,
which the Recipient created or received under this Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any
interest income shall either be returned to the Division or be applied against the Division's obligation to pay the
contract amount.
(m) The State of Florida will not intentionally award publicly -funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in
8 U.S.C. § 1324a(e) (§ 274A(e) of the Immigration and Nationality Act ("INA")). The Division shall consider the
employment by any contractor of unauthorized aliens a violation of § 274A(e) of the INA. Such violation by the
Recipient of the employment provisions contained in § 274A(e) of the INA shall be grounds for unilateral
cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (§ 286.011, Fla. Stat.) with
respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla.
Stat.
(o) All nonmanufactured and manufactured articles, materials and supplies which are acquired for public
use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it
would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be used directly or
indirectly to influence legislation or any other official action by the Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and
belief:
13
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient,
to any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant,
loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying."
3. The Recipient shall require that this certification be included in the award documents for all sub
awards (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that
all sub recipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by § 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services performed
under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the
Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights
accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any
books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any
copyrights accruing under or in connection with the performance under this Agreement are transferred by the
Recipient to the State of Florida.
14
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties
relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or
copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is
disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph
(b), have the right to all patents and copyrights which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its
governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the
undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.
(23) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as Attachment D.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
Disaster #: FEMA-3288-EM
By:
Name and title:
Date:
FID#
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
By:
Name and Title:
Date:
15
Attachment A
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one federal program,
provide the same information shown below for each federal program and show total federal
resources awarded.
Federal Program
Federal agency: Federal Emergency Management Agency, Public Assistance Program
Catalog of Federal Domestic Assistance title and number: 97.036
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown
below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient will use funding to restore damaged or destroyed public facilities as authorized in the
FEMA/State Agreement, the Robert T. Stafford Act, Public Law 93-288, as amended by Public Law
100.707; 44 CFR, Part 206.35 and applicable FEMA policies.
2. Recipient must be a local government and is subject to all administrative and financial requirements as set
forth in this Agreement.
NOTE: Instead of listing the specific compliance requirements as shown above, the State
awarding agency may elect to use language that requires the Recipient to comply with the
requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for
Federal Program 1, the language may state that the Recipient must comply with specific laws,
rules, or regulations that pertain to how the awarded resources must be used or how eligibility
determinations are to be made. The state awarding agency, if practical, may want to attach a
copy of the specific law, rule, or regulation referred to.
NOTE: Section .400(d) of OMB Circular A-133, as revised and § 215.97(5)(a), Fla. Stat., require
that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Recipient.
16
Attachment B
Scope of Work
Article I. Required Documentation, Reviews, and Inspections. Sub grantee shall create and maintain
documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to
permit a formal audit comporting with ordinary, customary and public accounting requirements. Upon the failure of
Sub grantee to create and maintain such documentation, Grantee may terminate further funding under this
Agreement, and Sub grantee shall reimburse to Grantee all payments disbursed earlier to Sub grantee, together with
any and all accrued interest.
All forms may be obtained ion the internet at www.floridapa.org.
A. Subgrantee shall submit the following documentation for Large Projects which can be found at
www.floridapa.org:
1. Large Project threshold for this declaration is S60,900.
2. Request for Reimbursement.
3. A Summary of Documentation, which shall be supported by original documents such as contract
documents, invoices, purchase orders, and change orders.
4. A request for final inspection.
5. A signed Project Completion and Certification Report upon the completion of all projects; and,
6. The Project Completion and Certification Report specified by Paragraph B of this Article.
B. For all projects, Sub grantee shall state on the "Project Completion and Certification Report" that all
work was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall
state the date of completion;
Article II. Payment of Costs. Grantee shall disburse the eligible costs to Sub grantee in accordance with the
following procedures.
A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Sub
grantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency
Management Agency of its approval of the pertinent Project Worksheet;
B. Grantee shall reimburse Sub grantee for the federal and nonfederal shares of the eligible costs for Large
Projects as soon as practicable after Sub grantee has delivered the following documents to Grantee:
1. A Request for Reimbursement found at www.floridapa.org;
2. A Summary of Documentation shall be supported by original documents such as contract
documents, invoices, purchase orders, and change orders and is also available at
www.floridapa.org; and
3. A letter or notification certifying that the reported costs were incurred in the performance of
eligible work.
C. If extenuating circumstances or unusual project conditions exist, a time extension may be requested
through the Grantee. Time extensions for emergency work must be submitted prior to the sixth (66) month from the
date of the Presidential Declaration for each project worksheet. Time extensions for permanent work must be
submitted prior to the eighteenth (18`s) month from the date of the Presidential Declaration for each project
worksheet. For Large Projects the Summary of Documentation and the supporting documents identified in Article
VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the extension date of the
last modification extending the Agreement. Sub grantee shall submit the completed Project Listing to Grantee not
later than thirty (30) days from the completion of all work, or the approval of the Final Inspection by the Federal
Emergency Management Agency, whichever is later. The time for the performance of this Agreement may be
extended for cause by Grantee. Extensions shall not be approved for delays caused by lack of cost -share funding. If
17
any extension request is denied, Sub grantee shall be reimbursed for eligible project costs incurred up to the latest
approved date for timely completion. Failure to complete any project will be adequate cause for the termination of
funding for that project.
D. Sub grantee represents that to the best of its knowledge any hazardous substances at its project site or
sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under
any federal, state or local legal requirements concerning such substances. Sub grantee further represents that the
presence of any such substance or any condition at the site caused by the presence of any such substance shall be
addressed in accordance with all applicable legal requirements.
18
Attachment C
Program Statutes, Regulations and Guidelines
Article I. Funding and Insurance. Grantee shall provide funds to the Sub grantee for eligible activities for the
projects approved by the Grantee and the Federal Emergency Management Agency ("FEMA"), as specified in the
approved Project Worksheets. Allowable costs shall be determined as per 44 Code of Federal Regulations Parts 13
and 206, which shall be seventy-five (75) percent of all eligible costs unless a higher percentage is approved.
A. The approved Project Worksheets shall be transmitted to Sub grantee, and shall state the cumulative
funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project
Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The
approved Project Worksheets shall document the total eligible costs and the total federal share of those costs,
which shall be seventy-five (75) percent of all eligible costs, unless a higher percentage is approved.
Contingent upon an appropriation by the Florida State Legislature, the Grantee may provide some portion of
any nonfederal share for some Sub grantees. As a condition of receipt of the federal funding, the Sub grantee
agrees to provide any nonfederal share not paid by the Grantee;
B. As a condition of the funding under this Agreement, the Sub grantee agrees that the Grantee may withhold
funds otherwise payable to Sub grantee from any disbursement to Grantee upon a determination by Grantee or
Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Sub
grantee pursuant to this Agreement or any other funding agreement administered by Grantee;
C. As a further condition to funding under this Agreement, the Sub grantee agrees to procure insurance
sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be
funded under this Agreement where insurance is available and reasonable. Sub grantee shall provide Grantee
with a certificate of such insurance as a condition to funding under this Agreement.
Article II. Duplication of Benefits Prohibition. Sub grantee may not receive funding under this Agreement to
pay for damage covered by insurance, nor may Sub grantee receive any other duplicate benefits under this
Agreement.
A. Sub grantee shall without delay advise Grantee of any insurance coverage for the damage identified on the
applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance.
Sub grantee shall reimburse Grantee without delay for any duplicate benefits Sub grantee may receive from
any other source for any damage identified on the applicable Project Worksheets for which Sub grantee has
received payment from Grantee, to the extent of any such duplication;
B. In the event that Grantee should determine that Sub grantee has received duplicate benefits, by its execution
of this Agreement the Sub grantee gives Grantee or the Chief Financial Officer of the Department of Financial
Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it
from any other funds otherwise due and owing to Sub grantee.
Article III. Compliance with Environmental, Planning and Permitting Laws. Sub grantee shall be
responsible for the implementation and completion of the approved projects described in the Project Worksheets in a
manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for
any project undertaken by Sub grantee, and any land use permitted by or engaged in by Sub grantee, shall be
consistent with the local government Comprehensive Plan. Sub grantee shall ensure that any development or
development order complies with all applicable planning, permitting and building requirements. Sub grantee shall
engage such competent engineering, building, and other technical and professional assistance at all project sites as
may be needed to ensure that the project complies with the contract documents.
A. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large
19
Projects, to ensure that all work has been performed within the scope of work specified on the Project
Worksheets. Costs not within the approved scope of work shall not be reimbursed.
B. Sub grantee may make improvements to the project facility in conjunction with its restoration of the facility
to its pre -disaster condition in accordance with 44 Code of Federal Regulations Section 206.226 with the prior
written approval of Grantee.
C. In any case in which Sub grantee certifies to Grantee in writing that the restoration of a damaged public
facility to its predisaster condition is not in the best interest of the public, Sub grantee may request Grantee and
FEMA to approve an alternate project in accordance with 44 Code of Federal Regulations Section 206.203
before the commencement of any work.
D Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement
from Sub grantee if Grantee has reason to expect a subsequent unfavorable determination by the FEMA that a
previous disbursement of funds under this Agreement was improper.
E. In the case of Large Projects, the Grantee shall have performed the final inspection.
F. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or
Grantee shall have performed a final inspection.
Article IV. Cost Sharing. The federal share of the eligible costs specified in the Project Worksheets under this
Agreement shall be seventy-five (75) percent of such costs, unless a higher percentage is approved, and the
nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of
such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal
share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 Code of
Federal Regulations Section 206.228 and do not require matching funds may also be funded by FEMA.
Article V. Modifications. Modifications to any Project Worksheet to be funded under this Agreement may be
requested by Sub grantee through Grantee, but the approval of any such modifications shall reside in the sole
discretion of FEMA.
The recipient assures that it will comply with the following statutes and regulations to the extent applicable:
Chapter 216, Florida Statutes
Chapter 119, Florida Statutes
Chapter 252, Florida Statutes
Chapter 219, Florida Statutes
Chapter 286.011, Florida Statutes
Chapter 112.061, Florida Statutes
44 CFR, Parts 13 and 206
OMB Circulars A-21, A-87, A-110, A-122, A-133
Cash Management Improvement Act of 1990
Section 215.34(2), Florida Statutes
Americans with Disabilities Act
Immigration and Nationality Act
Robert T. Stafford Disaster Relief and Emergency Assistance Act
Public Law 93-288
20
Attachment D
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Recipient certifies that:
(a) It possesses legal authority to enter into this Agreement, and to carry out the proposed program.
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action
authorizing the execution of the hazard mitigation agreement with the Division, including all
understandings and assurances contained in it, and directing and authorizing the Recipient's chief
administrative officer or designee to act in connection with the application and to provide such additional
information as may be required.
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall
receive any share or part of this Agreement or any benefit. No member, officer, or employee of the
Recipient or its designees or agents, no member of the governing body of the locality in which the program
is situated, and no other public official of the locality or localities who exercises any functions or
responsibilities with respect to the program during his tenure or for one year after, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with
the program assisted under this Agreement. The Recipient shall incorporate, in all contracts or subcontracts
a provision prohibiting any interest pursuant to the purpose state above.
(d) All Recipient contracts for which the state legislature is in any part a funding source, shall contain language
to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work
completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost
incurred after a notice of suspension or termination is received by the Recipient may not be funded with
funds provided under this Agreement unless previously approved in writing by the Division. All Recipient
contracts shall contain provisions for termination for cause or convenience and shall provide for the method
of payment in such event.
(e) It will comply with:
(f)
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that
mechanics and laborers (including watchmen and guards) employed on federally assisted contracts
be paid wages of not less than one and one-half times their basic wage rates for all hours worked
in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees
be paid at least the minimum prescribed wage, and also that they be paid one and one-half times
their basic wage rates for all hours worked in excess of the prescribed work -week.
It will comply with:
(1)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto,
which provides that no person in the United States shall on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient receives Federal financial
assistance and will immediately take any measures necessary to effectuate this assurance. If any
real property or structure thereon is provided or improved with the aid of Federal financial
assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of
any transfer of such property, any transferee, for the period during which the real property or
structure is used for a purpose for which the Federal financial assistance is extended, or for
another purpose involving the provision of similar services or benefits.
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of
21
(3)
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.
Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations
issued pursuant thereto, which provide that no person shall be discriminated against on the basis of
race, color, religion, sex or national origin in all phases of employment during the performance of
federal or federally assisted construction contracts; affirmative action to insure fair treatment in
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff/termination, rates of pay or other forms of compensation; and election for training and
apprenticeship.
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves or others, particularly those with
whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS.
(h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes
penalties for "kickbacks" of wages in federally financed or assisted construction activities.
(i) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which
limits the political activities of employees.
0) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection
Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood
insurance in communities where such insurance is available as a condition for the receipt of any Federal
financial assistance for construction or acquisition purposes for use in any area having special flood
hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal
assistance.
(k) It will require every building or facility (other than a privately owned residential structure) designed,
constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal
Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings
and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be responsible for
conducting inspections to ensure compliance with these specifications by the contractor.
(I)
It will, in connection with its performance of environmental assessments under the National Environmental
Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C.
470), Executive Order 11593, 24 CFR Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to
adverse effects (see 36 CFR Section 800.8) by the proposed activity.
(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.
22
(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 FEMA may require Recipient to review
the eligible scope of work in consultation with the State Historic Preservation Office
(SHPO) and suggest methods of repair or construction that will conform with the
recommended approaches set out in the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992
(Standards), the Secretary of the Interior's Guidelines for Archeological
Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable
Secretary of Interior standards. If FEMA determines that the eligible scope of work will
not conform with the Standards, Recipient agrees to participate in consultations to
develop, and, after execution by all parties, to abide by, a written agreement that
establishes mitigation and recondition measures, including but not limited to, impacts to
archeological sites, and the salvage, storage, and reuse of any significant architectural
features that may otherwise be demolished.
(5)
Recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation for footings and foundations; and
installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and
septic tanks) except where these activities are restricted solely to areas previously
disturbed by the installation, replacement or maintenance of such utilities. FEMA will
request the SHPO's opinion on the potential that archeological properties may be present
and be affected by such activities. The SHPO will advise Recipient on any feasible steps
to be accomplished to avoid any National Register eligible archeological property or will
make recommendations for the development of a treatment plan for the recovery of
archeological data from the property.
If Recipient is unable to avoid the archeological property, develop, in consultation with
the SHPO, a treatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council) publication "Treatment of
Archeological Properties". Recipient shall forward information regarding the treatment
plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do
not object within 15 calendar days of receipt of the treatment plan, FEMA may direct
Recipient to implement the treatment plan. If either the Council or the SHPO object,
Recipient shall not proceed with the project until the objection is resolved.
(6) Recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes
in the approved scope of work for a National Register eligible or listed property; (b) of all
changes to a project that may result in a supplemental DSR or modify an HMGP project
for a National Register eligible or listed property; (c) if it appears that a project funded
under this Agreement will affect a previously unidentified property that may be eligible
for inclusion in the National Register or affect a known historic property in an
unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop
construction in the vicinity of the discovery of a previously unidentified property that
may be eligible for inclusion in the National Register or upon learning that construction
may affect a known historic property in an unanticipated manner. Recipient further
acknowledges that FEMA may require Recipient to take all reasonable measures to avoid
or minimize harm to such property until FEMA concludes consultation with the SHPO.
Recipient also acknowledges that FEMA will require, and Recipient shall comply with,
modifications to the project scope of work necessary to implement recommendations to
address the project and the property.
(7)
Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not
receive funding for projects when, with intent to avoid the requirements of the PA or the
NiIPA, Recipient intentionally and significantly adversely affects a historic property, or
23
having the legal power to prevent it, allowed such significant adverse affect to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and
1685 - 1686) which prohibits discrimination on the basis of sex.
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol
abuse or alcoholism.
(o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records.
(p) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the
use of lead based paint in construction of rehabilitation or residential structures.
(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the
provisions of the state Energy Conservation Plan adopted pursuant thereto.
(r) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the
care, handling, and treatment of warm blooded animals held for research, teaching, or other activities
supported by an award of assistance under this agreement.
(s) It will comply with Title 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.
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642.
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626.
(v) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544.
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763.
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of
1966, as amended, 16 U.S.C. 270.
(y) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347.
(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and
Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination.
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking
Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources.
(cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property
Acquisition Policies Act of 1970, 42 U.S.C. 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.
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting
24
components or potential components of the national wild and scenic rivers system.
(ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities);
EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice).
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510.
(gg) It will assure project consistency with the approved state program developed under the Coastal Zone
Management Act of 1972, 16 U.S.C. 1451-1464.
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient and its
demolition contractor have sufficient manpower and equipment to comply with the obligations as
outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been contained
thereon.
3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect
buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in
accordance with requirements of the U.S. Environmental Protection Agency, the Florida
Department of Environmental Protection and the county health department.
4. Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and
lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Division promptly of any unusual existing condition which hampers the contractors
work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells and septic tanks are to be
closed along with the number of wells and septic tanks located on each site. Provide
documentation of closures.
10. Comply with mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Public Law 94-163).
11. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of
the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368),
Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part
15 and 61). This clause shall be added to any subcontracts. -
12. Provide documentation of public notices for demolition activities.
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Attachment D
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each "Request for Payment." Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the
applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be
alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and
invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards
shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to
the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements
that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids
or offers may be rejected when it is in the Recipient's interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or
administration of a contract supported by public grant funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a
financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient
shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers, employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site, from 8 a.m — 5 p.m EST.
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.
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Attachment E
Subcontractor Covered Transactions
(1) The prospective subcontractor 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 subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Recipient's Name
Name and Title Division Contract Number
Street Address
City, State, Zip
Date
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