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USA Tennis Florida
Douglas Booth
1 Deuce Court
suite G
Daytona Beach, FL 32 1 24-
Dear Douglas Booth,
On behalf of the Technical Committee of the USTA, I am very pleased to inform you that the
City of Miami: Bryant Parks has been awarded Adopt -A -Court grant funding in the amount
of S2,500.00. City of Miami: Bryant Parks exemplifies the type of commitment to promoting the
game of tennis for which the program has been established.
Enclosed, you will find the grant check. The national grant funds, along with the matching
sectional funds should be distributed through your office. Please take this opportunity to
publicize USTA's involvement, the facility's renovation and contractors, as well as any other
aspect beneficial to promoting the game of tennis.
Also enclosed, you will find a grant accountability form, which must be returned at the
completion of the renovation but no later than December 31, 2004. We ask that you have the
facility keep a careful record of expenditures, explaining how the funds were disbursed (this is
explained on the form). Accountability should include photos, receipts (when possible) and all
publicity received (newspaper articles, photos, etc.). Please have the accountability form sent to
me at the USTA National Office.
The Adopt A -Court program was established to promote the game of tennis by improving the
?lity, of e :istir^ ten n:r facilities.
We look forward to following the progress of the renovation and appreciate all efforts to promote
community recreational tennis. If you have questions or need further assistance, please do not
hesitate to contact Shannon Hatton in the USTA National office (914) 696-7291.
Thank you for all of your assistance!
Regards,
Peggy Welch Beard
Chairman, Adopt -a -Court Subcommittee
enc.
70 West Red Oak Lane, White Plains, NY 10604
o _Qo991-
WJAUUf'/ /-ILUUHL
;ti "ii ill Illj I .1Ali 11 u
To be completed and returned at the completion of the renovation, or no later than
December 31, 2004
Name of Facility;___
Program Director:
Address:
Phone:
street
city state zip
e-mail address:
Total Renovation Costs: $
Completion Date:
Please detail the grant expenditures with dollar figures below.
Sponsorship Funds
Amount
Fund Allocation
Amount
(example)
USTA:
Materials (specify):
Section:
Government:
Foundations:
Professional fees (specify):
Fundraising efforts:
Local Sponsors (specify):
Labor:
Equipment:
Others (specify): _
Office Expense (specify):
Other (specify):
Total:
Total:
Difference:
Please include photocopies of local publicity
generated by the grant, photos of the project, or
other materials showing the impact this grant had on
tennis programming in your community.
Please send to:
USTA
Attn: Shannon Hatton
70 West Red Oak Lane
White Plains, NY 10604
70 West Red Oak Lane, White Plains, NY 10604
USA TENNIS FLORIDA
17861 10/13/04 4227 CITY OF MIAMI: BRYANT PARKS
Voucher Invoice Description
18188 MIAMI GRANT PARK
17861
Net
2,500.00
USA+TENNIS
FLORIDA
PAY TO THE ORDER OF
UNITED STATES TENNIS ASSOCIATION
FLORIDA SECTION, INC.
D/B/A USA TENNIS FLORIDA
1 DEUCE COURT, SUITE 100 ,
DAYTONA BEACH, FL 32124
(386) 671-8949
www.usatennistlorida.com.
**
SMITH BARNEY
FINANCIAL MANAGEMENT ACCOUNT
Citibank F.S.B
Englewood Cliffs, NJ
55-7265/212
2,500 Dollars and 00 Cents'
CITY OF MIAMI: BRYANT PARKS
2301 SW 13TH STREET
MIAMI, FL 33145
11,01786 Le I:0 2 112 7 26 5 Si: W080 5 116 2411'
AMOUNTS
17861
DATE
10/ 13/04
***$2,50(, 00
United States Tennis Association, Inc.
CITY OF MIAMI: BRYANT PAR
No. 25522
Check Date: 10/05/2004
_ _ . . _ ... - ......... , •.,,rv.,, rL
JJ 1 YJ
Date Invoice No.
Gross Amount
Discount Amount
Net Amount Paid
09/24/04 TENNIS FLORIDA GRANT
Detach
$2,500.00
$0.00
$2,500.00
at Perforation Before Depositing Check
999006169 Totals
$2,500.00
$0.00
$2,500.00
United States Tennis Association, Inc.
70 West Red Oak Lane
White Plains, NY 10604
JPMorgan Chase Bank
6040 Tarbell Road
Syracuse, NY 13206
50-937/213
PAY Two Thousand Five Hundred And 00/100
TO THE
ORDER
OF
999006169
CITY OF MIAMI: BRYANT PARKS
2301 SW 13TH STREET
MIAMI FL 33145
11111111111111111111111111111111
Check No. 25522
CFeck,0ate
10/05/2004
CheckAmdunt
$ 2,500.00
100002552211' 1:02L3093791: 601.8524030
-
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
jEB BUSH
Governor
September 10, 2004
Mr. Joe Arriola, City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133-5595
Re: PDM Project PDMC-054
Wind Retrofit of Fleet Maintenance and Garage
Dear Mr. Arriola:
THADDEUS L. COHEN, AIA
Secretary
. Enclosed is the executed Pre -Disaster Mitigation Grant Program (PDM) contract
(DCA No. 05DM-64-11-23-02-093) between the City of Miami and the Department of Community
Affairs. Upon completion of the work identified in the contract, a Request for Payment form
(Attachment D) should be completed and submitted to the Department for processing in accordance with
Paragraphs (4) and (16) of the Agreement.
Please be advised that the PDM contract number has been changed in accordance with a
requirement that the number on the contract reflects the fiscal year of the funding. The numerical change
has no other significance, and will not affect the rights or interests of the parties to the contract in any
way.
If you have any specific questions regarding the contract or the Request for Payment form, please
call Sherie Carrington at 850/922-5230.
Respectfully,
„' W. Craig Fugate, Director
U Division of Emergency Management
WCF:ssc
Enclosures
SEP 1 4 M 104
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA,32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE
2796 Overseas Highway, Suite 212
Marathon. FL 33050-2227
(3051 289-2402
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee. FL 32399-2100
(850) 488-2356
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(8501413.9969
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
18501488-7956
Contract Number: 05DM-64-11-23-02-093
CFDA Number: 97.017
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and the City of Miami, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
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 Department has received these grant funds from the federal government, and
has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set
forth; and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES.
Both the Recipient and the Department 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 by both parties and shall end twenty-four (24)
months, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement.
TQrr :
9/4/64 - q flo(
1
(4) MODIFICATION OF CONTRACT; REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with § 215.34(2), Fla. Stat., if a check or other draft is retumed 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.
(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 for a period of five years from the date the audit report is issued, and shall allow
the Department or its designee, Comptroller, or Auditor General access to such records upon request.
The Recipient shall ensure that audit working papers are made available to the Department or its
designee, Comptroller, 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 Department, 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) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work
- Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Department, its employees, and agents. "Reasonable" shall be.construed according to the
circumstances but ordinarily shall mean 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
Department.
(6) REPORTS
(a) At a minimum, the Recipient shall provide the Department with quarterly reports, and
with a close-out report.
(b) Quarterly reports are due to be received by the Department no later than 30 days
after the end of each quarter of the program year and shall continue to be submitted each quarter until
submission of the administrative close-out report. The ending dates for each quarter of the program year
are March 30, June 30, September 30 and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or upon
completion of the activities contained in this Agreement.
(d) If all required reports and copies, prescribed above, are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in paragraph (9). The
3
Department may terminate the Agreement with a Recipient if reports are not received within 30 days after
written notice by the Department. "Acceptable to the Department" means that the work product was
completed in accordance with generally accepted principles and is consistent with the Budget and Scope
of Work.
(e) Upon reasonable notice, the Recipient shall provide such additional program updates
or information as may be required by the Department.
(f) The Recipient shall provide additional reports and information as identified in
Attachment E.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure that time
schedules are being met, the Budget and Scope of Work are being accomplished within specified time
periods, and other performance goals are being achieved. Such review shall be made for each function
or activity set forth in Attachment A to this Agreement. In addition, the.Department will monitor the
performance and financial management by the Recipient throughout the contract term to ensure timely
completion of all tasks.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as
revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to,
on -site visits by Department 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 any monitoring procedures/processes deemed appropriate by the Department. In the event that 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 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 Comptroller or Auditor General. In addition, the Department will
monitor the performance and financial management by the Contractor throughout the contract term to
ensure timely completion of all tasks.
4
(8) 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 save the Department harmless against all claims of whatever nature by third
parties arising out of the performance of work under this agreement. For purposes of this agreement,
Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible 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 Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(9) DEFAULT; REMEDIES; TERMINATION.
(a) If the necessary funds are not available to fund this Agreement as a result of
action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and
Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the
Department to make any further payment of funds hereunder shall, if the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth herein, but the Department
may make any payments or parts of payments after the happening of any Events of Default without
thereby waiving the right to exercise such remedies, and without becoming liable to make any further
payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder
5
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any
reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the
services required under the Budget and Scope of Work attached hereto as Attachment A.
(b) Upon the happening of an Event of Default, then the Department
may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the
Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently
or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department
from pursuing any other remedies contained herein or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty
(30) days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to
the address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the
amount of costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise available under
law;
6
(c) The Department may terminate this Agreement for cause upon such written notice as
is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing
rights and time frames.
(e) In addition to any other remedies, the Recipient shall return to the Department any
funds which were used for ineligible purposes under the program laws, rules, and regulations governing
the use of the funds under the program.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient is determined.
(10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Department contract manager for this Agreement is:
Mr. Quinton Williams, Planning Manager
Bureau of Recovery and Mitigation
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850) 487-1584
Fax: (850) 922-1259
7
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mr. Joe Arriola, City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133-5595
Telephone: (305) 250-5400
Fax: (305) 250-5410
(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 (10)(a) above.
(11) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to fulfill
the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
8
(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 Category Two for a period of 36 months from the date of being placed on the convicted vendor
or discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency, and
which receives funds under this Agreement from the federal government, 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
11(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.
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 Department (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment F) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Department prior to the Recipient entering into a contract with any
prospective subcontractor.
(12) 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 Department.
"Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business
hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the funds awarded under
this Agreement.
(d) 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 Department by this Agreement. In determining the
Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
10
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 Paragraph 12 (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 Tess 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 directly to each of the
following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
11
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
Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
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 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 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) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of five years from the date the audit report is issued, and shall allow
the Department, or its designee, the Comptroller, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department, or
its designee, the Comptroller, 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 Department.
12
(j) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
(k) The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of five years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the
expiration of the five-year period, the records shall be retained until the litigation or audit findings have
been resolved.
(I) 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.
(13) SUBCONTRACTS.
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor
is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
13
(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 Advance or Reimbursement
Attachment E Quarterly Report Form
Attachment F Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion
(16) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $564,968
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida
Statutes. The amount which may be advanced may not exceed the expected cash needs of the
Recipient within the first three (3) months of the contract term. For a federally funded contract, any
advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be included in this Agreement on the Summary of
Documentation form (page 30). This form 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.
14
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(b) If otherwise allowed under this Agreement, the Agreement may be renewed on a
yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the
term of the original agreement, whichever period is longer, specifying the terms under which the cost may
change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
15
(18) LOBBYING PROHIBITION.
(a) No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representative of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and notomore than
$100,000 for each such failure.
16
(19) 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 Department for a determination whether patent protection will be
sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with
the performance of this Agreement are hereby reserved to the State of Florida. In the event that any
books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department. Any and all copyrights accruing under or in connection with the performance under this
Agreement are hereby transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such
property exists. The Department shall then, under Paragraph (b), have the right to all patents and
copyrights which occur during performance of the Agreement.
(20) 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 goveming body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreemen*with all covenants
17
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(21) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
(22) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Department 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 Department 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) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersign ' officials as
Reci. ien C TY OF MI
BY: . C.J
Name and
Date:
FEID#
ed.
Joe Arriola, City Manager
. 1t 11_ 2 A 2004
-6000375
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
BY:
uuc-
Name and Title: W. Craig Fugate, Director, Division of Emergency Management
Date: Cll"?/LO
18
ATTEST:
riscilla A. omp
'City Clerk
1 8-a
APPROVED AS TO FORM AND
CORRECTNESS:
Maria J. Chia
Interim City Attorney
i�r
EXHIBIT —1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Federal Program: Federal Emergency Management Agency
Catalog of Federal Domestic Assistance Number: 97.017
Amount of Federal Funding: $564,968.00
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Only the services described within the attached Agreement and Attachment A are eligible
expenditures for the funds awarded.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
Not Applicable
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Not Applicable
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Not Applicable
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
Not Applicable
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.
19
r
Attachment A
Budget and Scope of Work
The Recipient, the City of Miami, will retrofit the Fleet Maintenance Garage, with the installation of
hurricane shutters to protect the windows above the garage bays on the Fleet Maintenance Garage, and
to change the existing roll up doors that secure the garage bays with roll up doors that meets the State of
Florida Product Approval for high wind velocity zones or Miami Dade County Product Approval in
compliance with the Florida building Code. This is a one-story building.
The Federal Emergency Management Agency has determined from a programmatic and
technical review the following items are unique to this project and should be included in the file prior to
initiation of the proposed scope of work.
• Quarterly financial and programmatic progress reports for PDM-C projects are required. The
programmatic progress report will include sufficient narrative to determine the degree to which the
project has been implemented and the estimated time to completion;
• The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
PDM-C recipient SOW will have to be reviewed by all State and Federal agencies participating in
the NEPA process;
• A change in the scope of work must be approved by the State and FEMA in advance regardless
of the budget implications;
•- The Recipient must notify the State as soon as significant developments become known, such as
delays or adverse conditions that might raise or delay completion, or favorable conditions
allowing lower cost or earlier completion; and
• No cost overruns will be funded.
This is PDM-C Project 054.
Schedule of work:
Formal RFP for contract to design and install shutter
system -process to select the winning bid: 4 Months
Secure contract for Engineer/Architect to 2 Months
inspect the building:
Schedule inspection and obtain the report: 2 Month
Secure contract for Services to purchase and install Shutters: 4 Months
Installation of shutters and operating mechanisms: 8 Months
Close out and final inspection: 4 Months
Line item budget:
Total Project Cost Federal Share Local Share
Materials/Labor* $753,291.00 $564,968.00 $188,323.00
Total $753,291.00 $564,968.00 $188,323.00
installation is included in the cost of materials.
Funding Summary:
Federal Share:
Local Share:
Total Project Cost:
$564,968.00 (75%)
$188,323.00 (25%)
$753,291.00
(5)
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Pre -Disaster Mitigation Program are generally govemed by the
following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; as amended
(42 U.S.C. sections 5121-5206)
(2) Title 44 of the Code of Federal Regulations (CFR) and any other applicable FEMA policy
memoranda and guidance documents; 21 CFR section 205.6
(3) State of Florida Administrative Plan for the Pre -Disaster Mitigation Grant Program;
(4) FEMA Attachment VI: Articles of Agreement for Pre -Disaster Mitigation Program
FFY2003;
NOFA dated July 7, 2003, Volume 68, No. 129 pp. 40284-40289 (Federal Register Doc.
03-17043).
22
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 pre -disaster mitigation agreement with the Department,
including all understandings and assurances contained therein, and directing and authorizing the
Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application
and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall be admitted to any share or part of this agreement or to any benefit to arise 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 the Department. All Recipient contracts shall contain provisions
for termination for cause or convenience and shall provide for the method of payment in such
event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring
that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half
times their basic wage rates for all hours worked in excess of forty hours in a work week;
and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work -week.
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
eotherwise 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
23
(g)
Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualified handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3)
Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other
forms of compensation; and election for training and apprenticeship;
The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42
U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications;
(h) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties pursuant to Section 112.313
and Section 112.3135, FS;
(i) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities;
(j) it will comply with the provisions of 18 USC 594, 598, 600-605 (further known es the Hatch Act)
which limits the political activities of employees;
(k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
(I) 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
24
subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity;
and
(2) Complying with all requirements established by the State to avoid or mitigate
adverse effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among
the Federal Emergency Management Agency, the Florida State Historic
Preservation Office, the Florida Department of Community Affairs 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 featuresthat may
otherwise be demolished.
(5)
Recipient agrees to notify FEMA and the Department if any project funded under
this Agreement will involve ground disturbing activities, including, but not limited
to: subsurface disturbance; removal of trees; excavation for footings and
foundations; and installation of utilities (such as water, sewer, storm drains,
electrical, gas, leach lines and septic tanks) except where these activities are
restricted solely to areas previously disturbed by the installation, replacement or
maintenance of such utilities. FEMA will request the SHPO's opinion on the
potential that archeological properties may be present and be affected by such
activities. The SHPO will advise Recipient on any feasible steps to be
accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the
recovery of archeological data from the property.
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 Department and FEMA as soon as practicable: (a) of
any changes in the approved scope of work for a National Register eligible or
25
(7)
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.
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;
26
(y) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
(z) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
(bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
(cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs;
(ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
(gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(hh) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
(jj) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient
and its demolition contractor have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
2. Retum 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
rc. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
27
r < i
6. Leave the demolished site clean, level and free of debris.
7. Notify the Department promptly of any unusual existing condition which hampers the
contractors work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
Provide documentation of closures.
10. Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
11. Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33
U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
28
Attachment D
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
Request for Advance or Reimbursement of
Pre -Disaster Mitigation Grant Program Funds
RECIPIENT NAME: City of Miami
ADDRESS:
CITY, STATE, ZIP CODE
PAYMENT No:
Tracking Number: PDMC-054
DCA Agreement No: 05DM-64-11-23-02-093
Eligible
Amount
100%
Obligated
Federal
75%
Obligated
Non -Federal
25%
Previous
Payments
Current
Request
DCA Use Only
Approved
Comments
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the above accounts are correct, and that all
disbursements were made in accordance with all conditions of the DCA agreement and payment is due
and has not been previously requested for these amounts.
RECIPIENT SIGNATURE
NAME AND TITLE DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
29
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
PRE -DISASTER MITIGATION GRANT PROGRAM
Applicant City of Miami
DCA Agreement No. 05DM-64-11-23-02-093
Applicant's
Reference No.
(Warrant, Voucher,
Claim Check, or
Schedule No.)
Date of delivery of
articles,
completion of work
or performance
services.
DOCUMENTATION
Applicant's
Eligible Costs
100%
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.
TOTAL
30
Attachment E
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
QUARTERLY REPORT FORM
RECIPIENT: City of Miami
PROJECT LOCATION: Fleet Maintenance Garage
QUARTER ENDING:
Project Number #: PDMC-054
DCA ID #: 05DM-64-11-23-02-093
Provide amount of advance funds disbursed for period (if applicable):
Provide reimbursement projections for this project:
July -Sep, 200 $ Oct -Dec, 200 $ Jan -Mar, 200_$ 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
Additional Comments/Elaboration:
[ ] Under Budget [ ] Over Budget
NOTE: Department of Community Affairs (DCA) staff may perform interim inspections and/or audits at
any time. Events may occur between quarterly reports which have significant impact upon your
project(s), such as anticipated overruns, changes in scope of work, etc. Please contact DCA as soon as
these conditions become known, otherwise you may be found non -compliant with your subgrant award.
Name and Phone Number of Person Completing This Form
31
Attachment F
Certification Regarding
Debarment, Suspension, Ineligibility
and Voluntary Exclusion
Contractor Covered Transactions:("\
1. The prospective contractor of the Recipient, CSC
, certifies, by submission of this document, that neithef i nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligi le or voluntarily excluded from participation
in this transaction by any Federal department or age cy
2. Where the Recipient's contractor is unable to certify t• e above statement, the prospective
contractor shall attach an explanation to this form.
City of Miami
Contractor's Name Recipient's Name
Title DCA Contract Number
Firm
Street Address
City, State, Zip
Date
32
FEMA
Attachment VI: Draft Articles of Agreement
Pre Disaster Mitigation Program FY 2003
Articles of Agreement
DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY
Pre -Disaster Mitigation (PDM) Competitive Grant Agreement Articles CFDA 497.017
GRANTEE: Florida Division of Emergency Management
AGREEMENT NUMBER: EMA-2004-PC-0004
AMENDMENT NUMBER:
DESIGNATED AGENCY: same
ARTICLE I. FEMA AUTHORITY
The United States of America through the Department of Homeland Security's Federal Emergency
Management Agency (FEMA), (hereinafter referred to as "the Grantor") agrees to grant to the
State/Tribal/Ten-itorial Government, through its designated agency named above (hereinafter referred to
as "the Grantee") funds in the amount specified on the obligating document, to support the Pre -Disaster
Mitigation Grant Program authorized under the §203 Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. § §5121-5206 (Stafford Act), as amended by § 102 of the Disaster
Mitigation Act of 2000 (DMA) and activated in this Grant Award. The Grantee agrees to abide by the
Grant Award terns and conditions as set forth in this document.
ARTICLE II. PROJECT DESCRIPTION
The Grantee shall perform the work described in the Program Narrative Statement, which was included as
part of the application package and made a part of these Grant Agreement Articles.
ARTICLE III. PERIOD OF PERFORMANCE
The performance period for the Grantee shall be a maximum of 2 years for planning and 3 years for c.
projects. For planning sub -grants, a draft plan must be submitted for review by FEMA within 18 months,
and final plans must be submitted to FEMA within 2 years. For mitigation project sub -grants requiring a
Attachment VI — Page l
otC otri, ..
LSD St
FEMA
Attachment VI: Draft Articles of Agreement
Pre Disaster Mitigation Program FY 2003
design phase, the design phase must be completed and a contract must be awarded within 12 months so
that work can be completed during the three-year maximum performance period. The period of
performance shall be [insert award date] through [insert end date]. All costs must be incurred during the
period of performance unless pre -award costs are approved.
ARTICLE IV. AMOUNT AWARDED
This Grant Agreement is for the administration and completion of an approved Pre -Disaster Mitigation
grant award for fiscal year 2003. Grant Agreement funds may not be used for other purposes. If costs
exceed the maximum amount of FEMA funding approved, the Grantee shall pay the costs in excess of the
approved budget.
The approved budget for this award by category is:
Personnel
Fringe Benefit
Travel
Equipment
Supplies
Contractual
Construction
Other
TOTAL DIRECT
Indirect Charges
TOTAL BUDGET
FEMA NON-FEDERAL TOTAL
$564,968.00
$188,323.00 $753,291.00
To implement this grant award, the Grantee shall follow Emergency Management and Assistance
regulations contained in 44 CFR Part 13, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments as well as Office of Management and
Budget Circulars A-102 and A-87 and program guidance.
ARTICLE V. COST SHARE
The Grantee shall follow cost -sharing requirements mandated by program statute or regulation and in
compliance with 44 CFR § 13.24. Cost -share funding shall be available with the approval of each grant.
Performance Period/Completion extensions shall not be approved for delays causedy lack of cost -share
funding.
Attachment VI — Page 2
Et..Rr.N
;, FEMA
;E! M1O S�C
Attachment VI: Draft Articles of Agreement
Pre Disaster Mitigation Program FY 2003
The cost -share requirement for this award is 75 % Federal and 25 % non -Federal. Small, impoverished
communities may receive a Federal cost share of up to 90 % of the total cost to implement eligible PDM
activities.
a. The approved budget for State and/or communities not eligible as small, impoverished communities
is: Federal funds of $ (75%) and non -Federal funds of $ (25%) for a total
approved amount of $
b. The following communities, eligible as small, impoverished, have been approved for cost share less
than the required 25 % non -Federal:
Sub -Grantee Federal funds % non -Federal funds
$ %) $
$ %) S
$ %) $
Total approved amount
• S
• S
• S
c. The total approved budget, including a. and b. above is Federal funds of S and non -
Federal funds of $ fora total approved amount of $
ARTICLE VI. FEMA OFFICIALS
FEMA officials are as follows:
a. The Project Officer (PO) shall be an official at the FEMA Regional Office who will be responsible
for the program and technical monitoring of the work and technical performance of the activities
described in the Program Narrative Statement of the application.
The Project Officer is: Steven Randolph
The Alternate Project Officer is
b. The Assistance Officer is the FEMA official who has full authority to negotiate, administer and
execute all business matters of the Grant Award or Cooperative Agreement.
The Assistance Officer is: Sandra McNease
_ o
ARTICLE VII. TERMS AND CONDITIONS
The specific terms and conditions of this agreement are as follows:
Attachment VI — Page 3
Attachment VI: Draft Articles of Agreement
FEMAPre Disaster Mitigation Program FY 2003
1. ASSURANCE COMPLIANCE: The certifications signed by the Grantee in the application
relating to maintenance of a Drug -Free workplace (44 CFR Part 17, Subpart F) and New
Restrictions on Lobbying (44 CFR Part 18) apply to this grant agreement and are incorporated by
reference.
2. BUDGET REVISIONS:
a. The Grantee shall follow prior approval requirements for Budget Revisions found in 44CFR
Part 13.30. Transfer of funds between direct cost categories in the approved budget shall
receive the prior approval of FEMA when such cumulative transfers among those direct cost
categories exceed ten percent of the total budget.
b. If a Grantee estimates that it will have obligated funds remaining after the end of the
performance period, the Grantee must report this to the FEMA Regional Office 90 days prior
to the end of the performance period and ask for disposition instructions.
c. Program income shall be deducted from outlays which may be both Federal and non -
Federal. Program income may be used to meet the cost sharing or matching requirement of
the grant agreement. The amount of the Federal grant award will remain the same.
3. CLOSE OUT:
a. Reports Submission: Per 44 CFR § 13.50, when the appropriate grant award performance
period expires, the Grantee shall submit the following documents within 90 days: (1) a final
Financial Status Report (SF269 or FF 20-10), (2) final program performance report, (3) an
inventory of equipment purchased under each grant's funds, (5) an inventory of Federally -
owned property, (6) other required documents specified by program regulation.
b. Report Acceptance: FEMA shall review the Grantee reports, perform the necessary
financial reconciliation, negotiate necessary adjustments between the Grantee and FEMA's
records, and close out the grant in writing.
c. Record Retention: Records shall be retained for 3 years (except in certain rare
circumstances described in 44 CFR § 13.42) from the date the final financial status report is
submitted to FEMA in compliance with 44 CFR § 13.42.
4. CONSTRUCIZON PROJECT REQUIREMENTS: Prior to the start of any construction
activity, the Grantee shall ensure that all applicable Federal, State, and local permits and
clearances are obtained including FEMA compliance with the National Environmental Policy Act,
Attachment VI — Page 4
FEMA
Attachment VI: Draft Articles of Agreement
Pre Disaster Mitigation Program FY 2003
the National Historic Preservation Act, the Endangered Species Act, and all other environmental
laws and executive orders.
5. COPYRIGHT: The Grantee is free to copyright any original work developed in the course of or
under the agreement. FEMA reserves a royalty -free, nonexclusive and irrevocable right to
reproduce, publish or otherwise use, and to authorize others to use the work for Government
purposes. Any publication resulting from work performed under this agreement shall include an
acknowledgement of FEMA financial support and a statement by the FEMA Grant Number and
that the publication does not necessarily reflect FEMA's views.
6. ENFORCEMENT: FEMA enforcement remedies shall be processed as specified under 44
CFR13.43 Enforcement when the Terms and Conditions of this Grant Award are not met.
7. EQUIPMENT/SUPPLIES: The Grantee must comply with the regulations listed under 44 CFR
13.32 Equipment, 13.33 Supplies, and 13.36 Procurement, and must be in compliance with State
law and procedures.
8. FUNDS TRANSFER: No transfer of funds to agencies other than those identified in the
approved grant agreement shall be made without prior approval of FEMA.
9- INSURANCE: In compliance with Public Law 103-325, Title V National Flood Insurance
Reform Act of 1973, section 582 requires that any Federal assistance provided to a person for
the repair, replacement, or restoration for damage to any personal, residential or commercial
property at any time must maintain flood insurance if the property is located in a Special Flood
Hazard Area.
40 PAYMENT:— REQUEST FOR ADVANCE/REIMBURSEMENT
A. The Grantee shall be paid in advance using the HHS SMARTLINK System, provided it maintains or
demonstrates the willingness and ability to maintain procedures to minimize the time elapsing
between the transfer of the funds and their expenditure disbursement by the Grantee. (See 44 CFR
Part 13.21(i) regarding payment of interest eamed on advances.) When these requirements are not
met, the Grantee will be required to use the reimbursement method as the preferred funding method;
or
B. FEMA will use the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to its
Grantees. To enroll in the DD/EFT, the Grantee must complete a Standard Form 1199A, Direct
Deposit Form.
Attachment VI — Page 5
FEMA
Attachment VI: Draft Articles of Agreement
Pre Disaster Mitigation Program FY 2003
1. The Grantee may be paid in advance, or reimbursed by completing the Standard Form (SF)
270, Request for Advance/Reimbursement. In accordance with Treasury regulations at 31
CFR Part 205, the Grantee shall maintain procedures to minimize the time elapsing between
the transfer of funds and the disbursement of said funds. (See 44 CFR, Part 13.21(i)
regarding payment of interest earned on advances.)
The Grantee may use the Internet at www.fema.gov/ofm/grants2.shtm to download the Standard Forms
1199A and 270.
11. Extensions. Requests for time extensions to the Performance Period will be considered but will
not be granted automatically and must be supported by adequate justification submitted to the
Regional Office in order to be processed. This justification is a written explanation of the reason or
reasons for the delay; an outline of remaining funds available to support the extended Performance
Period; and a description of performance measures necessary to complete the activity. Without
justification, extensions requests will not be processed. Work must be in progress on the approved
scope of work during the original performance period in order to qualify for an extension. The
request for an extension must be submitted at least 60 days prior to the expiration date of the
performance period. Extension requests will not be considered unless performance and financial
reports are current.
12. RECOVERY OF FUNDS:
The Grantee will recover any assistance paid to sub -grantees through error, misrepresentation, or
fraud or if funds are spent inappropriately. Recovered funds shall be submitted to FEMA as soon
as the funds are collected, but no later than 90 days from the expiration date of the appropriate
grant award agreement.
13. REFUND, REBATE, CREDITS: The Grantee shall transfer to FEMA the appropriate share,
based on the Federal support percentage, of any refund, rebate, credit or other amounts arising
from the performance of this agreement, along with accrued interest, if any. The Grantee shall
take necessary action to effect prompt collection of all monies due or which may become due
and to cooperate with FEMA in any claim or suit in connection with amounts due.
14. REPORTS:
a. Federal Cash Transaction Report: If the Grantee uses the Federal Health and Human
Services (HHS) Payment Management System - SMARTLINK, the Grantee shall submit to
FEMA a copy of the PMS 272 Cash Transaction Report submitted toIHS.
Attachment VI — Page 6
Attachment VI: Draft Articles of Agreement
%a Pre Disaster Mitigation Program FY 2003
b. Financial Status Report: The Grantee shall submit Financial Status Reports, Standard Form
269 or Federal Form 20-10 to the FEMA Regional Office 30 days after the end of the first
Federal quarter following the initial grant award. The Regional Director may waive this initial
report. The Grantee shall submit quarterly financial status reports thereafter until the grant
ends. Reports are due on January 30, April 30, July 30, and October 30. Final financial
reports are due 90 days after the close of the grant.
c. Performance Report:
The Grantee shall submit performance reports (no required format) to the FEMA
Regional Office within 30 days after end of each quarter. The report shall consist of a
comparison of actual accomplishments to the approved activity objectives. Reports are
due January 30, April 30, July 30, and October 30. Quarterly performance reports shall
report the name, completion status, including reason why an activity may not be
progressing, expenditure, and payment -to -date of each approved activity/sub-grant award
under the Grant Award. Final performance reports are due 90 days after the close of the
grant and performance reports should be submitted to the Assistance Officer, listed
under Article VI, FEMA Officials. All financial and performance reports should be
sent to Sandra McNease, FEMA Region 4, 402 S. Pinetree Boulevard, Thomasville,
Georgia 31792.
d. Enforcement: The Regional Director may suspend drawdowns from the HHS/Payment
Management System-SMARTLINK , or suspend electronic funds transfer or reimbursement
payments if quarterly reports are not submitted on a time.
17. TERIIIINATION: The Grantee, Sub -grantee, or FEMA may terminate grant award agreements
by giving written notice to the other party at least seven (7) calendar days prior to the effective
date of the termination. All notices are to be transmitted via registered or certified mail, return
receipt requested. The Grantee's authority to incur new costs will be terminated upon arrival of
the date of receipt of the letter or the date set forth in the notice. Any costs incurred prior to
termination will be negotiated for final payment. Close out of the grant award will be commenced
and processed as prescribed under Article VII. 3.
ARTICLE VIII. GOVERNING PROVISIONS
The Grantee and any sub -grantees shall comply with all applicable laws and regulations. A non-exclusive
list of laws and regulations commonly applicable to FEMA grants is attached hereto for reference only.
Attachment VI — Page 7
ag'-.ar�E�r Attachment VI: Draft Articles of Agreement
4 FEMA Pre Disaster Mitigation Program FY 2003
The Grantee and any Sub -Grantees shall also be bound by the Guidance Document, which is attached
hereto and NOFA, dated July 7, 2003, Volume 68, Number 129 page 40284-40289, (FR Doc 03-17043)
The following Office of Management and Budget circulars are also applicable to this grant:
[OMB Circular A-110 Uniform Administrative Requirements for Grants and Agreements with
institutions of Higher Education, Hospitals, and Other Non -Profit Organizations
OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative
Agreements with State and Local Governments]
[OMB Circular A-87 Cost Principles for State and Local Governments
OMB Circular A-21 Cost Principles for Educational Institutions
OMB Circular A-122 Cost Principles for Nonprofit Organizations]
OMB Circular A-133 Audits of States, Local Governments, and Non -Profit Organizations
Commonly Applicable Statutes and Regulations
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. §
5121-5206 (Stafford Act).
Title 44 of the Code of Federal Regulations (CFR)
31 CFR 205.6 Funding techniques
APPLICATION Grant Award/Cooperative Agreement application received and approved by
FEMA on with revisions received on
Attachment \'[ — Pa!,e 8