HomeMy WebLinkAboutResolution_33-99/00_01/13/2000•
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RESOLUTION NO. 33-99/00
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING
THE TERMS AND CONDITIONS OF THE DISASTER RELIEF
AGREEMENT, BETWEEN THE DEPARTMENT OF COMMUNITY
AFFAIRS AND THE VILLAGE OF TEQUESTA, PROVIDING FOR
DISASTER RELIEF ASSISTANCE, CONCERNING THE EFFECTS
OF HURRICANE FLOYD AND AUTHORIZING THE VILLAGE
MANAGER AS THE PRIMARY DESIGNATED AGENT AND THE
ASSISTANT VILLAGE MANAGER/VILLAGE CLERK AS THE
ALTERNATE DESIGNATED AGENT TO EXECUTE REQUESTS FOR
REIMBURSEMENT, NECESSARY CERTIFICATIONS, AND OTHER
SUPPLEMENTARY DOCUMENTATION, AND AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE THE APPLICABLE AGREEMENT
ON BEHALF OF THE VILLAGE.
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NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The approval of the terms and conditions of the
Disaster Relief Agreement, between the Department of Community
Affairs having an Agreement number of 00-RM-xx-10-60-02-132
and the Village of Tequesta, providing for disaster relief
assistance for projects and activities associated with
Hurricane Floyd, attached hereto as Exhibit " A " and
incorporated by reference as part of this Resolution is hereby
approved and authorizing the Village Manager as the primary
designated agent and the Assistant Village Manager/Village
Clerk as the alternate designated agent to execute requests
for reimbursement, necessary certifications, and other
supplementary documentation, and authorizing the Village
Manager to execute the applicable Agreement on behalf of the
Village.
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
Schauer who moved its adoption. The motion was seconded
by Councilmember walker and upon being put to a vote,
the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Joseph N. Capretta
Basil E. Dalack
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Carl C. Hansen
Elizabeth A. Schauer
Sharon D. Walker
The Mayor thereupon declared the Resolution duly passed and
adopted this 13t'' day of January, A.D., 2000.
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JcYann ManganielQ(o
Village Clerk
Nmh\Word\MyDOCUments\Resolutions\33-99-00
MA R OF TEQUESTA
G~ s ~c~
a C. Hansen
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DISASTER RELIEF FUNDING AGREEMENT
DCA AGREEMENT No. 00-RM-xx-10-60-02-132
FEMA PROJECT APPLICATION NO. 099-71525-00
This Agreement is between the State of Florida, Department
of Community Affairs (Grantee) and, Village of Tequesta
(Subgrantee). This Agreement is based on the existence of.-.the
following conditions:
Hurricane Floyd caused severe flooding and other extreme
weather conditions beginning on September 14, 1999 and continuing
until September 25, 1999 which have had a devastating impact-upon
the State of Florida.
Because of the danger posed by Hurricane Floyd to the State
• of Florida, the Governor issued Executive Order No. 99-227., a.s
extended by Executive Orders Nos. 99-228 and 99-236, in which he
declared an emergency due to Hurricane Floyd.
At the request of the Governor, on September 22, 1999 the
President declared Hurricane Floyd a major disaster in
FEMA-1300-DR for the counties of Brevard, Duval, Flagler, Indian
River, Martin, Nassau, St. Johns, St. Lucie, and Volusia.
The Federal Emergency Management Agency has approved Public
Assistance for the Grantee in its Agreement with the State of
Florida for these counties and others (Glades, Highlands, and:
Palm Beach) added by Amendments to that Agreement.
The Agreement between the State of Florida-and the Federal
Emergency Management Agency, governing the use of such funds,
requires the State to share the costs eligible for federal
assistance. -
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• Chapter 99-226, Fla. Laws, in Specific APpropriation~No.
1122, provides that Federal disaster assistance matching
requiremieatsshall be shared equally between-the State sad its
subgrantees.
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Sections 252,35, 252.36, 252.37, and 252.38 Florida
Statutes, authorize-the relationship described in this Agreement,
Based upon the existence of the foregoing conditions the
parties agree to the following:
1. DBFINITIO~S: As used in this Agreement, the following
terms shall have the following meanings unless otherwise
specified
a. "Eligibl® disaster relief activities", as used is
this Agreement, means those activities authorized in the FBMA-
• State Agreement, as defined herein below; Public Law 93 -288, as
amended by. ;.Public Law 100-707 (hereinafter the "Stafford Act");
Title 44 CFR, Part 206,. and applicable Federal Emergency
Management Agency or State guidance do~+~mp*+ts.
b. `F~1-State Agreement" shall mesa that agreement
between FF2MA and the State of Florida, for Hurricane Floyd,
F$MA-1300-DR-FL and~all modifications thereto.
_ _- _ __ c . "Large Prod ect" and "Smal]~ ._ ~r~o~ ect" shall be defined
as indicated in 44 CFR 206.203 (c) ~.
_ . d . P~+^+~9T+eat Nork" sha],1.. be defined as is 44 CFR
206.201 (g) .
e . "~..~„cy . 91ork° shall be--defined . as in 44 CFR .
206.201 (b) .
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f. 'Project' shall be defined as in 44CFR 206.201(1).
Z. APP&ICABL$ 3TATOTSS, xIIL83 and ~-~5: The parties
agree to be bound by all terms of the FSMA-State AgreeIDellt and
all applicable state and federal statutes, regulations, guidance
and. handbooks, including but not limited to•those identified in
Attachments A and C,~and the pertinent implementing regulations
and guidance.
3. FOND~G and ~SCRANCS: The Grantee shall provide funds to
the Subgrantee for eligible emergency assistance activities for
the prof ects approved by the Grantee,_ and Fffi-~1, specifically
described in the Project Worksheet (s) (PW[s]) . Allowable costs
shall be determined in accordance with 44.CFR §206. and 44 CFR
Part 13, and pertinent FSMA guidance documents. Approved PWs
shall be trams-~+~tte~d to the Subgrantee sad shall cumulatively
document: Ftl~e specific amount of funding. provided, and the
applicable scope(s) of eligible work and eligible costs, under
this Agreement. PWs may obligate, or deobligate funding, thereby
revising the total amount of authorized ~.aading. PWs do ~p*+t
the total eligible costs and the total Federal share of 75~ for
_all eligible emergency work costs-:~ ~- Contingent upon an
_--__..appropriation by the Florida. Legislatu-re,._:-the Grantee agrees to
provide one-half of any non-Federal share (12i~ of'total eligible
costs) . AS a condition of receipt of this funding, and
contingent upon an appropriation by the Florida Legislature where
lrequired, the Subgrantee.similarly.aq~ees to provide one-half of
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any non-Federal share (12~ of total eligible costs).
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Pale 3 PEl~e~1300-D~~i.
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Subgrantee agrees that the Grantee is authorized to withhold
funds otherwise payable to Subgrantee, from any agreement
administered by the Grantee, upon a determination by the Grantee
or FEMA, or any auditor, that funds have been provided to
Subgrantee pursuant to this Agreement, or any other disaster
relief funding agreement administered by the Grantee, in excess
of eligible costs.
The final payment of funds will~be made only after project
completion, submission of all required documentation, final
inspection, and a request for final reimbursement.
All categories of work (Category A through G) are eligible
• for reimbursement under this agreement.,
4. DIIPLICATION OF BENEFITS PROHIBITION: In accordance with
the provisions of Section 312 of the Stafford Act, duplication of
benefits is prohibited. The Subgrantee shall notify the Grantee,
as soon as practicable, of the existence of any insurance '.
coverage for the damage identified on the PW, and of any
entitlement or recovery to payments from any other source, for
the projects described in the PW(s): Eligible costs shall be
reduced by the amount of duplicate sources available. The
Subgrantee shall be liable to the Grantee to the extent that the
Subgrantee receives duplicate benefits from another source for
the same purposes for which the Subgrantee has received payment
from the Grantee. The Subgrantee shall immediately remit to the
• Grantee any duplication of benefits payment received by the
Page 4 FE~L4-1300-DR-FL
• Subgrantee. In the event the Grantee. deter*n~*+ps a duplication of
benefits has occurred, the Subgrantee hereby authorizes the
Grantee or the Comptroller of the State of Florida to take offset
action against any other available funding due the Subgrantee.
The Comptroller is authorised to pay such offset to the Grantee
upon Written notice from the Grantee.
5 . CQ~LIAbTC~ 4iIT5: ffi'~1TIRO~ITAL,-, BLA'~IIQG AiAD ~...,,,.~
LAPS: The Subgrantee shall be responsible for implementation sad
-completion of the approved projects described in the PW(s) in a
manner satisfactory to the Grantee, and in accordance with
applicable federal, state, and local statutes, regulations,.
plans, sad policies. Any development authorized by, nay
development order issued by, any permit issued by, or any
• development activity undertaken by, the Subgrantee, and any land
use permit~t~c1 by or engaged in by the Subgraatee, shall be
consistent with the local comprehensive plan sad land development
regulations prepared sad adopted pursuant to Chapter 163, Part
II, Florida Statutes. Funds shall be expended for, and
development activities and land uses authorized for, only those
. uses which are permitted wader the comprehensive plan and land
_-=---_developmeat regulations. The Subgraatee;shall be responsible for
ensuring that. any development permit issued and any development
activity-or land use undertaken-is.; Where applicable, also
authorized by the pertinent Water Management District,, the
.Florida Department of Savironmental ~o'tectioa, the Florida
Department of Health, and any Federal, State or local
r~ s ~era~ooona~t.
In addition, Subgrantee shall comply .with other federal anti
state environmental laws, statutes, regulations, and guidance
including, but are not limited to, those identified in '
Attachments A and C.
Subgrantee further agrees to provide and maintain competent
and adequate engineering or other supervision at all construction
or work sites to ensure that the complete work conforms with the
approved plans, specifications, and scope of work.
6. 88gQ2R$D DOCW~'rATIGmf= ~$PIE9P/~TSPBCTIOmt: The Subgrantee
shall create and maintain acceptable do~+~ri+p*+tation of work
performed and costs incurred with respect to each project
• identified in connection with a Pw.. Failure to create and
maintain. proper documentation will result in the disallowance of
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.funding," aa~ require the refund of funds previously reimbursed or
advanced, including an interest penalty. For all Large projects,
the Subgrantee shall submit: (a) a zequest for reimbursement of
actual costs (see Attachment D); (b) a Summary of Documentation
(See Attachment B) which shall be supported by, but not attached,
" . all appropriate backup do ~mprtatiori- ~(e . g. invoices, canceled
_ -- _ --.checks, daily activity reports, payroll- _re,cgrds, time sheets,
_ executed contracts, receipts, purchase orders, billing
statements, etc.); and (c) a request for a final inspection. For
all projects the Subgrantee shall certify, on the P.4 Project
"Listing, that all work and costs claii®ed are eligible in .
• accordance with the Grant conditions, that all work claimed has
Pa®e 6 F~t+~130U-DB~+L .
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been completed, and all costs claimed have been paid .in full.
The Subgrantee.shall also eater the date the work was completed
and the amount claimed for each PW on the Project Listing.. The
Grantee will inspect Small Projects on a random basis. The
Grantee will schedule and perform the final inspections oa Large
Projects, and review the Project Listing for Small Projects or
inspect the project, to ensure that the work was performed within
the scope of work delineated oa the PW(s). Costs of any work not
performed within the approved scope of work shall not be eligible
for funding
7. COST SHAZtI]~: The disaster relief funds for eligible
costs indicated oa the PW(s) and described in this Agreement
• shall be shared in accordance with the cost sharing provisions
established in the Stafford Act, the F~1A-State Agreement, and
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Chapter 99`-~26, Lams of Florida, Specific Appropriation 1122.
PW~(s) document the total eligible costs and the total Federal
share (75$) of those costs. The Grantee agrees to provide one-
half of the non-Federal share (12~ of total eligible costs).
As a condition of receipt of this funding, the Subgrantee
-.similarly agrees to provide one-half~of the non-Federal share
--- =_(12~ of total. eligible costs) . -Administrative costs which
according to the schedule are in addition to and not part of the
PW(s) eligible costs, and are otherwise eligible under 44 CFR
206.228 and involve no required match, mill be funded by Fffi-RPi.
8 . PAY~'r 0~ C'7 AT~Q :. ' _
• a. Small Projects:' The Grantee shall make payment to
r~ ~ ~aruao~-m.
as soon as practicable after execution of this Agreement and
receipt from FSMA of the pertinent approved PW(s).
b. Large Project9: The payments for Large projects will
be on a cost reimbursement basis and subject to receipt of the
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following: (1) a Request For Advance or Reimbursement Form (See
Attachment D); (Z) a Summary of Documentation Form, .(See
Attachment B) listing the PW number, identifying the audit ready
documentation that exists to support the payment request,
identifying the dollar amounts of each eligible, cost, and
identifying the Subgrantee's Darn internal reference number.
(voucher, warrant, purchase order, etc.);-and (3) a letter
• .,providing a brief synopsis of the request, and certifying that
the reported costs arere incurred in the performance of eligible
work . ' ~ .
c. Advaacea: This Subgrantee may, at the discretion of
the Grantee, be paid an advance of funds, provided that the
Subgrantee: (1) demonstrates and maintains the willingness and
ability to maintain procedures to minimize the time elapsing
- between the transfer of funds and their disbursement; (2) submits
_ --'.budget data on which the request- i~.. based;..=(3) submits a
justification statement explaining the necessity for and proposed
use of the funds, and specification of the amount requested; and
(4) submits a completed Request for Advance or Reimbursement
Form. After any advance, and in the e~en.t no advance is
• provided, all payments shall be on a cost reimbursement basis.
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Subgraatees shall promptly, but at least quarterly, remi-t
interest earned on advances (if aay)to the Grantee for remittance
to FI~lA.
d. Improved Projects: If the Subgrantee desires to
make improvements, but still restore the pre-disaster function of
the damaged facility in accordance with 44.CFR 206.203, the
Subgrantee must obtain prior approval from the Grantee.
e. Alternate Projects: In any case in which the
Subgrantee determines that the public welfare would sot be best
served by restoring a damaged public facility, or function of
that facility, the Subgrantee may request that the Grantee and
FSMA approve, in advance of performipg say work, an alternate
project i.n accordance with 44 CFR 206.20,3.
f. Eithl~,oldiag of Fuad9: The Grantee may, in its sole
discretion,°=withhold a percentage of fundilig (up to 12.5 of
total project funding, the full non-federal share paid by the
State) provided under this Agreement.in order to protect against
subsequent adverse dete~~*!~tions by FSMA regarding previously
authorized or disbursed grant funds.
_ 9 . B~IN]1L PAY~Ai'r : The final payment
--completion of all projects, submission o
documentation,. receipt and reviear of,_P.4
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completion. of random inspection Qf. Small
will be made only after
_~~,7:1 required
Project Listing,
Projects (as deter~ained
by Grantee), final inspection (Large Projects), sad a request for
final reimbursement . '- ~---_
10. RECORDS The Subgrantee agrees to maintain
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Pie 9 FEl~e11300-D~-PL
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all records pertaining to the projects described in the PW(s) and
the funds received under this Agreement until all issues relating
tc the inspection and final audit have bees completed, and, any
action or resolution of outstanding issues have been conq~leted.
In no event will such records be maintained for .a period of less
,a-~
than three (3) years from the date of the final payment under
this Agreement. Access to those records must be provided at
reasonable times to the Comptroller General~of the U9nited States,
the Grantee, its employees and agents, and to FS1~, its employees
and agents.
11. &$COVSRY OF FMS: If the final inspection, audit, or
other. review by FSMA, the State, or any other authorized entity
• determines that payment made under this Agreement exceeds the
amount of actual eligible costs, the Subgrantee shall, within
forty-five ° ~(45) days of receipt of the determination notice,
repay the Grantee the_am,ount determined to be in excess of the
actual costs. ~~~
lZ . AIIDIT:
a. Subgrantees shall submit an Audit of Agreement
~--_Compliance to the Grantee as provided herein. If the Subgrantee
--- -_ -=.expends $300, 000 or more in Federal awards : ~:n its fiscal year,
~. then the Subgrantee shall have as audit conducted. This audit
will be performed by an~iadependent Certified Public Accountant
or other entity independent of the Subgrantee in accordance with
the standards of the Comptroller Gesei~a~1 as specified in the
• General Accounting Office Standards for Audit of Gover*+*++~*+tal
~ 1a FE~G~.1300~Rd+L
accepted auditing standards. established by the Americas Institute
of Certified Public Accountants. The agreement number of thin
grant must be identified with the audit submitted. Such audit
shall also comply with "the requirements of Sectioa.s 11.45,
216.349, and 216.3491, Florida Statutes and Chapter 10.550 and
10.600, Rules of the Auditor General, sad, to the extent
applicable, the Single Audit Act of 1984, as amended, 31 USC 7501
through 7507, and ONID Circular A-133, as revised June 24, 1997,
or thereafter. If. the Subgrantee is a private nos-profit
organization, it shall submit an o*-~n~zatioa-wide audit. All
audits are due not later thaw seven (7) months after the
• terro~n~tion of the entity's fiscal year. If the.Subgraatee
expends less than $300,000.in_Federal awards in its fiscal year,
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an auditF donducted in accordance with the provisions of OA+~
Circular A-133 is not required, but an audit may otherwise be
required under Section 216.3491, Florida Statutes, and rules
adopted pursuant thereto.
b. The Grantee may require the Subgrantee to undertake
_such further or additional: audits as~determined necessary or
---_ ---appropriate including, but not limt~ed~~ tn;: past and current
organization-wide audits. Such audits may be necessary to
determine.the adequacy, accuracy;..and reliability of the
Subgraatee's internal controls, fiscal data, and management
systems established to safeguard the`S~graatee's assets and to
ensure compliance with this Agreement.
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c. If this Agreement is closed out without an audit,.
the Grantee reserves the right to recover any disallowed costs
identified in as audit after such close-out.
13. 1~0~lICG~dPLIANCS: If the Subgrantee violates nay of the
conditions of disaster relief assistance under the Robert T.
Stafford Act of 1988, .Public Law 93-288 as amr~ncl~ by Public Law
100-707, the FSMA-State Agreement, this Agreement, or applicable
state law or applicable state or federal regulations, including
those noted herein, additional financial assistance for the
project in which the violation occurred will be ,withheld until
such violation has been corrected, or the Grantee-may take any
other action that is legally available.
14.. ISC8~TI08r/ The. Subgrantee shall
maintain, an active program of nondiscrimination in disaster
assistance` ~as outlined in 44 CFR, Parts 7 and 16, and 44 CFR
Section 206.11. The Subgrantee shall comply with federal
regulations concerning the General Services Administrative
Consolidated List of Debarred, Suspended and Ineligible
Contractors, as provided in 44 CFR._Part.17.
- -=.- 15 . ~IFICATIO~: Either party. - ma.~ =request modif icatioas to
this~Agreement, except-for scope of work to be completed on the
PW (s) and~...the time limitations for. performance of the work which
are subject to modification in accordance with separate
procedures governed by FSMA regulatiori;~~ Modifications to the
• terms and conditions of this Agreement shall be proposed in
rake la s~~uoa-~~+t,
by both parties. Modifications to any PW or the ,time for
performance of eligible work shall be requested through the
Grantee, approved solely at the discretion of FSMA and shall be
reflected in a supplemental PW or time extension approval.
Modifications to a PW shall not be reflected in a modification to
this Agreement. If otherwise allowed under this Agreement, any
exten9].OII shall be in writing and shall be subject to the same
terms "and conditions set forth in the initial Agreement. There
shall be only one extension of the Agreement unless the failure
to meet the criteria. for completion is due to events beyond the
control of the Subgrantee. -
• 16: TIC F08 P88F08'MA~iCS: All activities funded under this
Agreement,. shall be timely performed and completed. In accordance
with 44 CF1~.206-.204,-and subject to any approved extension by the
Governors Authorized Representative (GAR) or the Federal
Regional Director, the term for performance of debris clearance
or emergency work is six. (6) months-from the date of the
declaration of a major disaster or-emergency. Permanent
_-_(restoration) work must be completed within eighteen (18) months
- - --of the date of .the- Presidentsal Declaration =of a maj or disaster .
Time extensions may be granted on-aa individual basis, in
accordance with 44 CFR 206.204. I,f nay extension request is
denied, the Subgrantee may be reimliur~ed for eligible project
-costs incurred up to the la-test approved completion date.
• Failure to complete the project will result in the denial of
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funding-for that project.
17 . CO~itT9~1G'rS oil7~ OT~~tS : If a Subgrantee contracts .with
any other entity (herein after "contractor") for performance of
any of the work required under this Agreement, the Subgrantee
agrees to~include in the contract that the contractor is bound by
the. terms and conditions of this Agreement with the Grantee, and
to provide the contractor with a copy of this Agreement. The
Subgrantee further agrees to include in the contract that the
contractor shall hold the Subgrantee and the Grantee harmless
against all claims of whatever nature arising out of the
performance of the work by the contractor under the contract. To
the extent that the Subgrantee has outstanding, uncompleted,
• contracts for work for which reimbursement will be requested
under this Agreement,.Subgrantee agrees to use its best efforts
to modify said contracts in accordance. with this paragraph.
18 . TSR~TATIORI': $ither party may request te*TM~ *+~tion of
this Agreement, in writing, delivered, in person, or by certified
.~ ;~
mail, to the party's representative who executes this Agreement.
Said termination may be accomplished by mutual agreement of the
_~~ parties, effective thirty (30) days-.after an executed
-- -modification to effect termination: ~ =• =
19. LIABILITY:
(a) The Grantee assumes no liability whatsoever to third
parties as a result of this Agreement: IInless the Subgrantee is
a State agency or subdivision as defined in Section 768.28,
•
Florida Statutes, the Subgrantee shall be solely responsible to
Ps~e 14 F8MPr1300-DR~I.
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parties with whom it shall deal in carrying out the terms of this
Agreement, and shall indemaify~aad save the Grantee and the State
of Florida harmless against all claims, suits, liabilities and
damages, of whatever nature, arising out of the performance of
activities funded or contemplated under this Agreement. For
purposes of this Agreement, Subgrantee agrees that it is not an
employee or agent of the Grantee but is a=r independent
contractor.
(b) Any Subgrantee which is a State agency or subdivision,
as defined in Section 768.28, Fla. Stat., agrees to be fully
responsible for its negligent acts or omissions or tortioua acts,
and agrees to be liable for any damages proximately caused by
• said acts o~ omissions. Nothing herein is intended.to serve as a
waiver o'f`sovereign immunity by any Subgrantee to which sovereign
M
i*~++~n~ty 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 the
performance of this Agreement.
(c) Subgrantee represents and warrants that hazardous and
_ _ _ -- - ~ -toxic materials , if present at any 1-ocaticas where the scope (s )
-_ 'of work will be performed, are at: lev~ls~ Within regulatory limits
and do not .trigger action required by Federal, State or local
laws. or regulations. Subgrantee further represents and. warrants
.that household hazardous waste meeting the definition set forth
in _40 CFR shall be handled in a mannerf=a~hich meets all Federal,
• State anal. local lams and r atioas . Sub
. egul grantee further
rake is - FBe~13oaD8~+L
material(s) on~site, which is subject to Federal, State or local
laws and. regulations (including but not limited to: above ground
or underground storage tanks or vessels, asbestos, pollutants,
irritants, .pesticides, contami_*+arts, petroleum products, waste,
chemicals, and septic tanks), shallrbe handled and disposed of in
accordance with the pertinent requirements.
20.. REPORTS: The Subgrantee shall provide quarterly progress
reports to the Grantee, using the attached Quarterly Report. Form,^
Attachment .F. Refer to the "Quarterly Report Schedule and
Instructions" (Attachment G) for the due date of the first
report. Reports are due. quarterly thereafter until the work has
• ~ been completed and_approved through final inspection. Reports
shall indicate the status and completion date for each project
funded, ari~Fproblems or circumstances affecting completion dates,
or the scope of work, or the project costs, and any other factors
reasonably anticipated to result. in noncompliance with the terms
of the grant award. Interim inspections-shall be scheduled by
the Subgrantee prior to the final_inspection and may be required
-by the Grantee based on information supplied in the quarterly
- _ - -reports .. The Grantee may require addi:toiral . reports as needed.
The Subgrantee.shall, as soon as passible, provide any additional
reports requested by the Grantee.~~ The Grantee contact will be
the. State Public Assistance officer for all reports and requests
fo_r reimbursement. ~ _
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a1. STANDARD CG~DITION9; The Subgrantee further agrees to be
bound by the following standard coada.tioas: .
a. The State of Florida's performance and obligation to
pay under this Agreement is contingent upon an annual
appropriation by the Legislature, or the provision of funding to
the Grantee pursuant to Section 252.37, Florida Statutes.
b. Bills for fees or other compensation for services or
expenses must be submitted in detail sufficient for a proper pre-
and post- audit thereof.
c. The Grantee may unilaterally cancel this Agreement-
for refusal by the Subgrantee or its contractors to-allow public
. access to all documents, papers, letters or other material
• subject to the provisions of Chapter 119, Florida Statutes, and
made or ~~ceived by the Subgrantee or its subcontractor in
:~
coajunctioa•with this Agreement. It is expressly understood that
substantial evidence of the Subg•rantee's or their contractor's
refusal to comply with this provision shall constitute a breach
of contract, and constitute grounds for te+~~r~tion.
d. Pursuant to Section: 236_347, Florida Statutes, and
_--applicable federal law, the Subgrantee_agrees that no funds from
. ~-_ rth3.s Agreement will be expeaded~for~the pu3pose of lobbying the
~• Legislature, state•agency employees, Members of Congress,.
officers or employees of Coagress,~ or- an employee of a Member of
Congress in connection with the awarding of this Agreement or any
~pnrimPntg or modifications of this Agreement
• e. The Svbgrantee certifies with respect to this
Pa®e 17 F~1300-~~i.
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Agreement that it possesses the legal authority to receive the
funds.
f. The Subgraatee shall comply with any Statement of
Assurance attached hereto, which shall be incorporated herein.
The Subgrantee acknowledges that the responsibility for complying
with the approved subgrant award rests with the recipient
Subgrantee and acknowledges that failure to do so constitutes
grounds for the recision or suspension of this subgrant and may
influence future~subgrant awards,
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 II.S.C. Section 1324a(e)
[Section ` ~~74A (e) of the Immigration and Nationality Act (n INA") j ,
The Grantee~shall~consider the employment by any Subgrantee or
contractor of unauthorized aliens a violation of Section 274A(e)
of the INA. Such violation by the $ubgrantee of the employment
provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellatiog of this Agreement by the
_ -- - grantee . - - - - -
-. - h. A person or affiliate who has-been placed on the
convicted vendor List following~a conviction for a public entity
crime .may not submit a bid on a contract to provide any goods. or
.services to a public •entity, may not--'submit a bid on a contract
with a public entity for the construct~oa or repair of a public
building or public work, may.not submit bids on leases of real
is
s~~u~ ~t
_,
property to a public entity, may not~be awarded or perform work
as a contractor, supplier, subcoatraator, ter consultant under a
contract ~irith a public entity, and may not transact business with
nay public entity in excess of Category Two for. a period of 36
months from.the date of being placed on the convicted vendor
list .
ZZ. TSR~: This Agreement shall begin upon the date last
•
signed and shall end upon receipt of official closing
do~~*~+pntation from FEMA unless te~-+n~ rated earlier in accordance
with the provisions of this Agreement. Subgrantee agrees to
promptly commence and to expeditiously complete the scope of work
identified herein.. All emergency work, Categories A and~B, must
be completed within 6 months of the date of declaration, or by
March 22:w.2000. All permanent work, Categories C through G, must
F
be completed within 18 months of the date of declaration, or by
March 22, 2001.
a3. NOTICS !li® CON'!'ACT: All notices under this-Agreement
shall be in writing, delivered either by hand delivery or
certified mail to the representative and address below;
FOR.THS GRANTEE:
Joseph F. Myers, GAR
State Public Assistance
2555 Shuma=d Oak Blvd
• Tallahassee, Florida 32399-2100
FOR TS6 SIIBGRANTl38:
Thomas G. Bradford
,; ~; ~:
Village Manager
3-~ _.
t~
~~-- PO Box 3273
Tequesta, FL 33469
Pale 19 PE~~19oaD8 FL
•
Z 4 . D$FAIILT; R~®IS3 ~ R'.~TIO~
a. If any of the following events occur ("Events of
Default"), all obligations oa the part of the Grantee to make any
further payment of funds hereunder shall, if the Grantee so
elects, terminate, and the Grantee may at its option exercise any
of its remedies set forth herein, but the Grantee may make a~i
~.'~• '.
payments or parts of payments after the happening of any 8vents
of Default without thereby waiving the right to exercise such
remedies, and ~rithout becotn:i.ng liable to make any further
payment:
1.~If any warranty or representation made by the
Subgrantee in this Agreement or any previous Agreement with the
Grantee shall at any time be false or. misleading in any respect,
or if tlie` ,Subgrantee shall fail to keep, observe or perfoan any
of the terms or covenants contained in this Agreement or any
previous. agreement with the Grantee and has not cured such in
timely fashion, or is unable or unwilling to meet its obligations
thereunder;
2. If any material. adverse change shall occur in
_--_--_ -the financial condition of the Subgzarit~e:'at any time during the
- term of this. Agreement from the financial condition revealed in
any reports filed or to be filed with the Grantee, and the
•
Subgrantee fails to cure said material adverse change within
thirty (30) days from the time the date written notice is seat by
the Grantee; -'
3. If any reports required by this Agreement have
~~
F.®[A.1300-nB~+i.
r~
u
not bees submitted to the Grantee or have been submitted with
iacorrect,~incomplete or insufficient information; or
4. If the necessary funds are not available to
fund this agreement as a result of action by Congress, the
Legislature, the Office of the Comptroller or the Office of
Management and Budget.
b. Dpon the happening of an Event of Default, then the
Grantee-.may, at its option, upon written notice to the Subgrantee
and upon the Subgrantee'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 Grantee from ,pursuing any other
• remedies contained herein or otherwise provided at law o= in
~itY; ".
. ..
1. Termi*+~te this Agreement, provided that the
Subgrantee is given at least fifteen (15) days prior written
notice of such te~~ration_ The notice shall be effective when
placed in the IInited States mail, first class mail, postage
prepaid, by registered or certified mail-return receipt
__ _ -- -_ -requested, to the address set forth ~in -ga,Fagraph (23) herein;
- _ - ~ 2 . C~p*±ce an . app~cop=fate 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 nay corrective or remedial actions, to
include but not be limited to, requesting additional information
~ si ~areoo-n~a~t.
r~
from the Subgrantee to determine the reasons for or the extent of
non-compliance or lack of performance, issuing a written wa'~'''--gig
to advise that more serious measures may be taken if the
situation is not corrected; advising the Subgrantee to suspend,
discontinue or refrain from incurring costs for nay activities in
question or requiring the Subgrantee to .reimburse the Grantee for
the amount of costs incurred for any items .determined to be
ineligible; sad .,
5. Exercise any other rights or remedies which may
be otherwise available under law.
c . The Grantee may te--"+„~ *+a to this .Agreement for cause
• upon such written notice as is reasonable under. the
circumstances. Cause. shall include, but not be limited to,
f 4n
misrepresentation in the grant application; misuse of, funds;
4
fraud; lack`of compliance with applicable rules,-laws and
regulations; failure to perform in a timely manner; and refusal
by the Subgrantee to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter
119 , ~, as amended .
.. -- - d.. Suspension or termin~tign~.cbn"stitutea final Grantee
action under Chapter 120, FS, as .amended. Notification of
suspensioa~or termination shall include notice of administrative
. hearing rights and time frames. Ho~ever,.any deobligation of
• funds or any .other determination made 17y FEMA shall be addressed
as provided in 44 CFR 206.206.
r,~ aZ m~uoang~t
•
e. The Subgrantee shall return funds to the Graatee.if
fouad in non-compliance with lams, rules, regulations gpy~rning
the use of the funds or this Agreement.
f. Notwithstanding the above, the Subgrantee shall not
be relieved of liability to the Grantee by virtue of any breach
of Agreement by the Subgrantee: The Grantee may, to the extent
authorized by law, withhold any payments to the Subgrantee for
purpose of set-off until such time as the exact a*~~*+t of damages
due the Grantee from the Subgrantee is determined. In the event
the FBMA deobligates,funds previously. authorized under this
Agreement, or under any other FSMA funded agreement ar~;r;stered
• by the Division, then Subgrantee shall immediately repay said
funds to the Grantee. If Subgrantee.fails to repay said funds,
then Sub`g=antee authorizes the Grantee to recoup said funds from
funding oth~rraise available under this Agreement or under say
other grant Agreement with Subgrantee ~~++~*±~stered by the
Grantee.
25. A~Tr 3
a. All attachments to this Agreement are incorporated
__----_~-as if set out fully herein. ~ ~-- -_
~- - b. In ,the event of any incoasis~tencies or coaflict
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 coaflict or inconsistency.
• ~_ ~ c. This Agreement has the fol°loming attachments:
Attachment A Program .Statutes and Regulations
Attachment B Lobbying Prohibition/Certification
a s~~uaanS~t.
9-s--
•
-~ ~~-arc, : i"~~~,~--~-E- .%-~-~"-e-
~.~
~/ ~~`/~J Went D
~-„`~~ rtpnt B
__ __ _
-- ---
Attacbmen.t F
Attachment G
Statement of Assurances
Request for Advance or Reimbursement
Summary of Do~+~mp*+tation
Florida Public Assistance Quarterly
Report
Quarterly Report Schedule and
Instructions
26'. DSS2GNATED ~: The Subgrantee hereby authorizes:
Village Manager as ].t9 rimes deli
P zY gnated agent,.
and Asst. Village Manager/Village Clerk aS its alternate designated
agent, to execute Requests for Reimbursement, necessary -
certifications,-and other supplementary documentation.
IN 1PITNESS HEBSOla', the Grantee and Subgrantee have executed
this Agreement;
FOR THE SIIBGRANTS}3:
r ~ 4
VILLAGE OF TEOUESre
R.O. BOX 3273
TEQUESTA. FLORI~e g~g~_
.-~
()
Thomas G. Bradford
•
. (P~tarTypsName)
_ -_ Village Manager -
- _ ~~ .
- February 29;.2000
_. (~)
Subgrantee's Federal
~:8mplayer Identification No.
" _ 59-6044081
FOR TSS GRANTBS•
y
STATE OF FLORIDA
DEPART1b~NT OF COA~IlI+IUAIlTY AFFAIRS
By:
tee)
- Joseph F. Myers
- ~ - (~a'T~~)
- _ - -GOV~SIlOt~S'Al1t~lOLZBd Reple9epe
- -- -~ ~ (1~1.)
~)
Federal Domestic Assistance #83.544
~ ~ Fzer~ooar~~.
•
ATTAC8~1T A
PROGRAB[ 3TATOTE3 AND ~~rtnr.aTI0~3
The parties~to this:Agreemeat and the Public Assistance and Fire
Suppression Grant Programs are generally governed. by the
following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 IISC 5121, et seq;
(2) 44 C'~ parts 6, 7, ~9, 10, 13, 14, 16,. 17, 18, 25, 206,
220, and 221, and any othei applicable FEMA policy
memoranda,'handbooks and. guidance documents;
(3) State of Florida A ~r~strative Plan for the Public
Assistance Grant Program; and
(4) All applicable laws and regulations delineated in
Attachment C of this Agreement.
F
F
F
F
.73~
• __
A-1
AZRA~IT H
LOEHYIIQG PROBIHITIO~
The undersigned certifies, to the best of his or her
knowledge sad belief, that:
(a) No Federal appropriated funds have been paid or will be
paid, by or oa behalf of the undersigned, to any person
for influencing or attempting to influence either
directly or indirectly an officer or employee of any
state or federal agency, a.member of.the Florida.
. Legislature, a Member of Congress, as officer or
employee of Congress, or as 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 nay Federal
grant, loan, or cooperative agreement.
contract,
(b) .
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-L_ "Disclosure
,Form to Report Lobbying," in accordance with its
instructions.
(c) The undersigned shall require that the language of this
certification be included in the award documents for
all subamards at all tiers (including subcontracts,
subgraats, 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-,~ransaction was made or
___~,_ entered into. Submission of this ceit~.fiCetioa is a prerequisite
- -- _ -for making or entering into_ .this. trat~sa~tion imposed by section
- 1352, title 31, U. S . Code . Any persons -who-.fails to file the
-_ zequired certification shall be subject" to _a~ civil penalty .of not
less than $10,000 and not more~thaa $300,000 for each such
failure.
~ ~B : - ~ h
Y
Signature
Thomas G. Bradford, Village Manager
Typed Name and Title
H-1
•
AT3'a'* C
STAT~~*~'~' OF A33URA'~3.
The Subgrantee hereby assures and certifies that:
(a) It possesses legal authority to~eater 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 disaster relief funding agreement with the
Grantee, including all understandings and assurances
contained therein, and directing and authorizing the
Subgrantee's chief executive officer or designee to act in
connection with the. application and to provide such
additional infor~oation as may be reQillred;
(c) No member of or delegate to the Congress of the IIaited
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
Subgrantee 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•~respoa.sibilities
with respect to the .program during his tenure or for one
year thereafter, shall have nay 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 Subgraatee shall incorporate or
cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant
to the purposes stated above;-~.
_ _ _ _ (d) All Subgrantee contracts for which _ the State Legislature is
in any part a funding source,.shall-contain language to
_ -
. _
-- - ~ provide for te~+~ *+atioa with: reasonable costs to be paid by
the Subgraatee for eligible contract work completed prior to
the date~the notice of suspension of funding was received by
the Subgrantee. Any coat incurred after a notice of
suspension or te~~*+atioa is received by the Subgrantee may
. not be funded with funds provided under this Agreement
unless previously approved in wri~ag by the Grantee. A11
• -- Subgrantee contracts shall contain provisions-for
te~~ration for cause or convenience and shall provide for
the method of payment in such event;
C - 1
•
(e) It will .comply with: .
(1)• Contract Work Hours and Safety Standards Act of .1962,
40 II.S.C. 327 et seq., requiring that mechanics and
laborers (including watchmen and guards) employed oa
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
aveek; and ~ -
(2) Federal Fair Labor Standards Act, 29 II.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 exeess 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 is the united States shall on
• the~~grounds~of race, color, or national origin, be
excluded from participation in, be~deaied the benefits
of, or~be otherwise subjected to discrimination under
^aay program or activity for which the Subgrantee
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 Subgrantee, this
assurance shall obligate the Subgrantee, 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 oa the basis of
age under the Age Discr~m~*+~tion Act of 1975, as
amended (42 II.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 ;
C - 2
(g)
• (h)
(i)
(; )
-_~k)
• -
(3) Executive Order 11246 as amended by Executive Orders
11375 and 12086, and the regulations issued pursuant
thereto, which provide that ao gersoa shall be
discriminated against on t~.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 ; r4,,,-e 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 Subgraatee agrees to comply with the Americans With
Disabilities Act~(Public Law 101-336, 42 U.S.C. Section
1Z l0i .fig.), where applicable, which prohibits
discrimination by public and private entities on the basis
of disability in the areas of employment, public
accom~wdations, 'transportation, State and local gove,~,,,,ort
services, ands in telec~~r~•catioas;
It will establish safeguards to~prohibit employees from
using positions for a purpose that is or gives the
appearance of being motivated b~:a desire for private gain
for themselves or others, particularly those with whom they
have family, business, or othertties pursuant to Section
112.313 and section 112.3135, Fes;
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;
It will comply with the provisions of 18 USC 594, 598, 600-
605 (f/k/a the Hatch Act) which- limits the political
activity -of employees; - __ _, -.-~~. -
It will comply with the flood insuran~e•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'coastruction or acquisition
puxpoees for use in any area havii~t~ 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;
C - 3
(1) It will require every building or facility (other than a
privately owned residential structure) designed,
constructed, or altered with funds provided. under this Part
to comply with the ^t]~.forca. Federal ~ Accesaibility.-
Standards," (AS) which is Appendix A to 41 ~$ Section 101-
19.6 for general type buildings and Appendix A to 24 ~
Part 40 for residential strictures. The Subgrantee will be
responsible for conducting inspections to ensure compliance
with these specifications by the contractor;
(m) It will, in connection with its .performance of eavir~*~*~+pntal
assessments under the National Environmental Policy Act of
1969, comply with Section 106 of the National Historic
_ Preservation Act of 1966 (II.S.C. 470), Executive Order
11593, 24 CFR -Part 800, and the'~~reservation of
Archaeological and Historical Data Act of 1966 (16 II.S.C.
469a-1, et seq.) by: -
(1) Consulting with the State Historic Preservation Officer
to identify properties listed in or eligible for
inclusion in the National Register of Historic Places
.- .that are aubject-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 .- - - r
(3) Abiding by the terms and conditions of the
"Program®atic Agreesaeat Among the Federal Smergeacyr
8~aaagemeat Agency, the Florida State Siateric
Preservation Office, the Florida Department of
Comomuaity Affairs .sad the. Ad4isos~ Council oa Historic
Preservation, (PA)• which addresses roles-and
- responsibilities of Federal and-State entities in
--- _- implementing Section 106-cffithe:National Historic
_ ~- Preservation Act (NHPA.) ., 16~- U: S..C-: 470f, sad
implementing regulations•in-36 CFR part 800.
(4}- When any of Subgraatee-'s projects funded under this
Agreement may affect a historic property, as defined in
36 CFR 800.(2)(:e), the FSMA may require Subgrantee to
review the eligible scope t~ 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 xehabilitatioa
C _ 4 ,
•
sad Guidelines for $ebabilitatiag Historic SuiYdiaga
1992 (Standards), the Secs®tary o! the 2aterior'a
Guideliae9 for Archeological Documantatioa (Gu3cleliaea)
(48 Federal Register 44734-37), or say other applicable,~~
Secretary of Interior standards. If FffiKA determines
that the eligible scope of work will sot conform with
the 3tandarda, Subgrantee agrees to participate in
consultations to develop, and, after execution by~all
parties, to abide by, a written agreement that
establishes mitigation and recordation measures,
including but not limited to, impacts to archeological
sites, and the salvage, storage, and reuse of any
sigai.ficaat architectural features that may otherwise
be demolished.
(5) Subgraatee 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. FSMA
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 Subgrantee o_n
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_. Subgrantee~- is unable to avoid
-_ - the archeological propertyR:~the Subgrantee will
develop, in coasultation~witIz 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 . " "Subgrantee s~iaall €o=ward information
regarding the treatment plan-~to FffiKA, the SHPO and the
• ~_ Council for review. If the $HPO and the Council do not
object within 15 calendar :~Jdays of receipt of the
treatment plan, FEMA may direct Subgrantee to implement
the treatment plan. If either the Council or the SHPO
C - 5
•
•
object, Subgraatee shall not proceed with the project
until.the abjection is resolved.
(6) Subgraatee shall notify t2ie Department and FLMA as sooa~
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 i.n a supplemental PW or modify an ffirlGP
project for a. National Register eligible or listed
property; (c) if i t appears that a prof ect funded under
this Agreement mill affect a previously unidentified
property that~may be eligible for inclusion is the
National Register or affect a known historic property
in an~unanticipated manner. Subgrantee acknowledges
that F&MA may require Subgrantee 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~unaaticipated manner. Subgrantee further~~
acknowledges that.FFMA may require Subgrantee to take
all reasonable measures to avoid or minimize harm to
"`such property until FBMA concludes consultation with
the SHPO. Subgrantee also acknowledges that F'ffiHA will
require, and Subgrantee shall comply with,
modifications to the project scope of work necessary to
implement recommendations to address the project and
the property.
(7) Subgrantee acknowledges that, unless FEMA.specifically
stipulates otherwise, it_shall not receive funding for.
projects when, with inten-t~ . to avoid the requirements of
the~PA or the NHPA, Subgrantee intentionally and
significantly adversely affects--a-historic property,. or
having the-legal power to 'prevent-it, allowed such
significant adverse affect~to occur.-
It still 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;
It mill comply with the Caapreheh_sive Alcohol Abuse and
Alcoholism~Preventioa, Treatment and Rehabilitation Act of
1970, (42 USC 4521-45-94)~relating to nondiscrimination on
the basis of alcohol abuse or~alcoholism;
C-6
•
(p) It will comply with 523-and 527 of the Public Health Service
Act of 1912 (42 II.S.C. 290 dd-3 and 290 ee-3), as amended,-
relating to confidentiality of alcohol and drug abuse
patient records; .
(q) It gill comply with Lead-Based Paint Poison Prevention Act
(42 U.S.C.: 4821 et seq.) whicIi~~prohibits the use of lead
based paint in construction of rehabilitation or residential
structures;
(r) I.t will comply with .the Energy Policy and Conservation Act
(P.L. 94-163; 42 IISC 6201-6422), and. the provisions of the
state Energy Conservation Plaa adopted pursuant thereto..
(s) It will comply with the Animal Laboratory Welfare Act of
1966, 7 IISC 2131-2159;
(t) It will comply with the Civil Rights Act of 1968, Title VI
-and VIII, 42 IISC 2000c and 42 IISC 3601-3619.
(u) It will comply with the Clean Air Act of 1970, as amended,
42 IISC 7401-7642;
(v) It will comply. with the Clean Water Act of 1977, as amended,
42-IISC 7419-7626;
S (w) It will comply with the~Davis-Bacon Act, 40 IISC 276a; _
(x) It will comply with the Eadangered~Species Act of 1973, 16
IISC :1531-1544 ~;
(y) It will comply with the Intergover*+mp~tal Personnel Act of
1970, 42 IISC 4728-4763;- '
(z) It will comply with the National_.Historic Preservation Act
of 1966, 16 IISC 270;
(aa) It will comply with the National Environmental Policy Act of
1969, 42 IISC 4321-4347;
(bb) It will comply with the Preservation of Archeological and
Historical Data Act of 1966,-16.IISC 469a, et seq;
~_(cc) It will comply with the Rehabilitation Act of 1973, Section
_ _
---- - 504, 29 IISC 794; ... -
_
-_ -~(dd) It will comply with the Safe Dr-inking-_Water Act of 1974, 42
USC 300f=300j;
(ee) It..-will comply with the IIniform Relocation Assistance and
Property Acquisition Policies. Act of 1970, 42 IISC 4621-4638;
(ff) It will comply with the Wild~and Scenic Rivers Act of. 1968,
16 IISC 1271-1x87; and
_
`(gg) It will comply with the followingrExecutive Orders: EO 11514
• -_ (NBPA); BO 11738 (violating facilities); 80.11988
(Floodplain Management); and 50.11990 (Wetlands); and SO
12848 (Environmental Justice) . ~ ~`
C - 7
(hh) It avill comply with the Coastal Harrier &esources Act of
1977,. 16 IISC 3510.
(ii) It will comply with the Coastal Zone Management Act of 1972,
16 IISC-1451-1464.
(j j) It will comply with the Fish and. ~Tildlife Coordination Act
of 1958; 16 IISC 661-666.
(kk) with respect to demolition activities, it will:
1. Create and make available documentation sufficient to
demonstrate that the Subgrantee 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 ao
improvements-had ever been contained there on.
3. Furnish documentation of all qualified personnel,
licences and all equipment necessary to inspect
buildings located in Subgrantee's jurisdiction to
detect the presence of asbestos and lead in accordance
with requirements of the II. S . Snvir~+*+*~p~tal Protection
• Agency, the Florida Department of $avironmental
Protection and the County Health Department.
4 . : : F Provide ~ do~~*~+~ntation of the inspection results for
F
each structure to indicate:
a. Safety. Hazards Present
b. Health Hazards Present .
c. Hazardous Materials Present
5. Provide supervision aver contractors or employees
employed by Subgrantee 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 Department promptly. _of .any unusual ~ existing
-_ - condition- which .hampers:- tie=~ contractors work.
8. Obtain all required permits:
9.. Provide addresses and. marked maps far each site where
water dells or septic tanks are to be closed along with
the numE~er of wells located on each site.
10. Comply with mandatary staa~lards.and policies relating
to energy efficiency. which ale contained in the State
- 'energy conservation plan issued in compliance with the
Energy Policy, and Conservation Act (Public Law 94 -
163) .
C - 8
• 11.' Comply with all applicable.staadards, orders., or
requirements issued under Section 306 of the.Cleaa Air
Act (42 II.S.C. 1857(h)), Section 508 of-the Clean Water
Act (3 3 II. S .13 68) , ~ Executive Order 1173 8 , and the U. S .
Environmental Protection Agency regulations (40 C.F.R.
Part 15). This clause shall be added to any
subcoatracta:
12. Provide documentation of .public notices for demolition
activities . ~±~'~
•
U
r _ o
ATI'ACSMENT D .
~ORIDA DEPARTMENT OF CO AFFAIR4 .
DIVd5EION OF IICY MANAGEMESIT
Rega~est liar Advance a Renmba~seme.~nt Ear ~Pab~ic A9si.9taace Farads
SUBGRANTEE NAME: DBC NO:
ADDRES5: PA ID NO:
PAYMENT NO: DCA AGRE~IVT NO:
C~
J
•
DSR DCA USE ONLY
ELIC~LE PREVIOUS CURRENT
AMOUNT PAYMENTS REQUEST APPROVED
F+~PAYMENT COQ
DSR#
CATFAORY
X COMPLETE
D31~ _* J~
CATFAORY
X COMPLETE .
D3R#
CATFAORY
9fi CO~MP~-~'~s
I~
CATE(30RY
X COMP-
Ds1~
CATB~OBY
X Cc~7-,~r.~
TOTAL CURRENT REQUEST S
I eater thatroo tho bast of my ]mowledge and belief tlm above accouo~ am coucac snd ~ s11 wme made in accncdaace with all
., oftbe DCA ag~eemeot and paymatt i, due and Las aot beat pterioesLy ragamled fa'thaae amcw~a
- --$UBC$ZANl.ES CiA#TAT[lltR _ _- -_
NAMEAI~ID T1TI.E DATE:
TO HE CObiPLElED BYDEPAR~IT OF CO~d[JHITYAFFAIItS (DCA)
APPROVED FOR PAYMENT $ .
COST $ GOVERNOR'S AUTHORIZZED REPRB5ENTATIVE
TOTAL PAYl1~NNT
DATE
D-1
_ . ATTACH1V1E1~1T E
FLORIDA DIVISION OF E1b~RGPNCY MANAGEbffiVT
• SUNIlI~tAR7t OF DOCUIMlENTATION IN SUPPORT OF AMOUNT
. GLA,IlNED FOR ELIGIBLE Dl5A9TElt. WOgK
Sabgtante~: Disaster No.
DCA A No. ~ Project Application No.
•
1/ 1,
u
ems. ~ nea.~ nm ar ~ e~se.ora
I+Ta` (N-a®ot. Vwrbay azMJs ar I3aeDaeomsmatlm (Appihat'a pgrm, maeeld aad at?applMtmt'a atod4 ~I~is cm
(31m ae sebedufe No.) pmtlomaoee appllaoi aaosd egstpm~ ad sma K~mdee Q earrtaoa~ bl n~f and (3~
aeedoea. llm JOemio the approrad Pty aPP~ and gl~sa hdd dsQJptim a!ffis
aat4+hs at aenlosa.
., .
:r:
TOTAL
TOTALi
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•
ATTACffiVIENrT G
FLORIDA DEPARTMENT OF CO AFFA11tS
DIVISION OF EMERGENCY MANAGEMENT
QUARTERLY REPORT SCHEDULE AND INSTRUCTIONS
Q~~9 Progress ~~ are ~ by ~ ~ g ~ for all subgrantees
until all their Project Worksheets (PWs, formerly Damage Survey Reports {DSRs}), are completed,
Sub reports are reviewed by the Cn~ts Manager, then consolidated by disaster event
((da~ cumber) and forwarded to FEMA Region IV as required by the FEMA/State Agreement
for each disaster. The State reports are due to FEMA Region IV flinty (30) days after the end of the
repcarting quarter. Reporting quarters and submission dates are listed below for your i~m~ation and
compliance.
QIIARTERS
~. January-Mardi
Apra June
duly-September
Octobet+-Decemtiex
DIIE TO STATE BY
Apral 15a'(or 1'rwork day after) .
June 15" (or 1¢ work day after)
October 15"' (or 1'~ work day after)
January 15'i (or 1'~ work day after)
STATE SIIBMISSION TO FEMA
Not Later Than APB 30a'
Not Later 1'Lan-July 31'~
Not Later Than- October 31'`
Not Later Than,Jannary 31'`
Subgrantees involved in their "first" or a "new" disaster grant will be advised of tlbe date
required. for the submission of their first Quarterly Report for that disaster All subsequent Quarterly
j~pOrt ,9uhmiaainns w~ fDllOw the Schedule Outlined above.
Subgrautees involved is-more than one open disaster grant must submit separate reports for
each disaster that leas outstanding DSR projects. Please be awarey the Department wfil wittihold
payment of nay disaster fimds due if the report is not submitted oa time.
Subgrantees should contact their Grants Manager for guidance in preparing their "first"
Quartedy Progress Report for any disaster If you have -any question, contact your Grants Manager.
•
- JF1~1/js
..a:~#
G-1
.° ..,~`
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH TEVEN M. SEIBERT
Governor Secretary
Village of T~+~-~esta
APR 2 1 2000
Apri121, 2000
Village Mat~~ger'~ office
FEMA-1300-DR-FL
P.A. ID #099-71525-00
Mr. Thomas G. Bradford, Village Manager
Village of Tequesta
357 Tequesta Drive
Tequesta, Florida 33469
Dear Mr. Bradford:
Enclosed is a copy of the Disaster Relief Funding Agreement #00-RM-X*-10-60-02-132
executed by the Department of Community Affairs and the- Village of Tequesta. This funding
agreement provides funds for eligible disaster relief activities specifically described in the
approved Project Worksheets.
Payment of lazge projects will be made on a cash reimbursable basis, subject to receipt of
a "Request for Reimbursement (RFR)" form and a summary of documentation of expenditures
by Project Worksheet (PW). In accordance with pazagraph 9 of the Disaster Funding Agreement,
when all work has been completed on all project(s), a completed and signed Project Listing (P.4)
and other required documentation should be returned to this office.
Accurate records of disaster costs must be maintained for three (3) yeazs in the original
format from the date of final payment.
Should you disagree with the Federal Emergency Management Agency's (FEMA)
decision, you have the right to appeal in accordance with the Code of Federal Regulations Title
44 CFR, Section 206.206, which states that the Subgrantee may appeal any determination made
relating to federal assistance. Appeals must be in writing and submitted to this office within
sixty (60) days from receipt of this notice.
• 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 f1ELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT
2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard
Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100
(305) 289-2402 (850) 48&2356 (850) 413-9969 (850) 486-7956
Mr. Thomas G. Bradford
Apri121, 2000
Page Two
If you have any questions or need further information, please call your Grant Manager
Donna Y. Murray at (850) 487-1937.
Sincerely,
,'~~
U" Joseph F. Myers
Governor's Authorized Representative
JFM/SC/j s
Enclosures
• N:\donna\CityBoyntonBchFunAgrceLtr1306
•
• DISASTER RELIEF FUNDING AGREEMENT
DCA AGREEMENT No. 00-RM-X*-10-60-02-132
FEMA PROJECT APPLICATION NO. 099-71525-00
This Agreement is between the State of Florida, Department
of Community Affairs (Grantee) and, Village of Teguesta
(Subgrantee). This Agreement is based on the existence of the
following conditions:
Hurricane Floyd caused severe flooding and other extreme
weather conditions beginning on September 14, 1999 and continuing
until September 25, 1999 which have had a devastating impact upon
the State of Florida.
Because of the danger posed by Hurricane Floyd to the State
of Florida, the Governor issued Executive Order No. 99-227, as
• extended by Executive Orders Nos. 99-228 and 99-236, in which he
declared an emergency due to Hurricane Floyd.
At the request of the Governor, on September 22, 1999 the
President declared Hurricane Floyd a major disaster in
FEMA-1300-DR for the counties of Brevard, Duval, Flagler, Indian
River, Martin, Nassau, St. Johns, S~. Lucie, and Volusia.
The Federal Emergency Management Agency has approved Public
Assistance for the Grantee in its Agreement with the State of
Florida for these counties and others (Glades, Highlands, and
Palm Beach) added by Amendments to that Agreement.
The Agreement between the State of Florida and the Federal
Emergency Management Agency, governing the use of such funds,
requires the State to share the costs eligible for federal
assistance.
Chapter 99-226, Fla. Laws, in Specific Appropriation No.
1122, provides that Federal disaster assistance matching
requirements shall be shared equally between the State and its
subgrantees.
Sections 252.35, 252.36, 252.37, and 252.38 Florida
Statutes, authorize the relationship described in this Agreement.
Based upon the existence of the foregoing conditions the
parties agree to the following:
1. DEFINITIONS: As used in this Agreement, the following
terms shall have the following meanings unless otherwise
specified:
a. "Eligible disaster relief activities", as used in
this Agreement, means those activities authorized in the FEMA-
• State Agreement, as defined herein below; Public Law 93-288, as
amended by Public Law 100-707 (hereinafter the "Stafford Act");
Title 44 CFR, Part 206, and applicable Federal Emergency
Management Agency or State guidance documents.
b. "FEMA-State Agreement" shall mean that agreement
between FEMA and the State of Florida, for Hurricane Floyd,
FEMA-1300-DR-FL and all modifications thereto.
c. "Large Project" and "Small Project" shall be defined
as indicated in 44 CFR 206.203(c).
d. Permanent Work" shall be defined as in 44 CFR
206.201 (g) .
e."Emergency Work" shall be defined as in 44 CFR
206.201 (b) .
• page 2 FEMA 1300-DR-FL
f. "Project" shall be defined as in 44CFR 206.201(1).
• 2. APPLICABLE STATUTES, RULES aad AGREEMENTS: The parties
agree to be bound by all terms of the FEMA-State Agreement and
all applicable state and federal statutes, regulations, guidance
and handbooks, including but not limited to those identified in
Attachments A and C, and the pertinent implementing regulations
and guidance.
3. FUNDING and INSURANCE: The Grantee shall provide funds to
the Subgrantee for eligible emergency assistance activities for
the projects approved by the Grantee and FEMA, specifically
described in the Project Worksheet(s) (PW[s]). Allowable costs
shall be determined in accordance with 44 CFR §206 and 44 CFR
Part 13, and pertinent FEMA guidance documents. Approved PWs
• shall be transmitted to the Subgrantee and shall cumulatively
document the specific amount of funding provided, and the
•
applicable scope(s) of eligible work and eligible costs, under
this Agreement. PWs may obligate, or deobligate funding, thereby
revising the total amount of authorized funding. PWs document
the total eligible costs and the total Federal share of 75% for
all eligible emergency work costs. Contingent upon an
appropriation by the Florida Legislature, the Grantee agrees to
provide one-half of any non-Federal share (12~~ of total eligible
costs). As a condition of receipt of this funding, and
contingent upon an appropriation by the Florida Legislature where
required, the Subgrantee similarly agrees to provide one-half of
any non-Federal share (12~% of total eligible costs).
Page 3
FEMA 1300-DR-FL
•
Subgrantee agrees that the Grantee is authorized to withhold
funds otherwise payable to Subgrantee, from any agreement
administered by the Grantee, upon a determination by the Grantee
or FEMA, or any auditor, that funds have been provided to
Subgrantee pursuant to this Agreement, or any other disaster
relief funding agreement administered by the Grantee, in excess
of eligible costs.
The final payment of funds will~be made only after project
completion, submission of all required documentation, final
inspection, and a request for final reimbursement.
All categories of work (Category A through G) are eligible
for reimbursement under this agreement.
• 4. DIIPLICATION OF BENEFITS PROHIBITION: In accordance with
the provisions of Section 312 of the Stafford Act, duplication of
benefits is prohibited. The Subgrantee shall notify the Grantee,
as soon as practicable, of the existence of any insurance "•
coverage for the °-damage identified on the PW, and of any
entitlement or recovery to payments from any other source, for
the projects described in the PW(s): Eligible costs shall be
reduced by the amount of duplicate sources available. The
Subgrantee shall be liable to the Grantee to the extent that the
Subgrantee receives duplicate benefits from another source for
the same purposes for which the Subgrantee has received payment
from the Grantee. The Subgrantee shall immediately remit to the
• Grantee any duplication of benefits payment received by the
Page 4 FEJL4.1300-DR-FL
Subgrantee. In the event the Grantee determines a duplication of
• benefits has occurred, the Subgrantee hereby authorizes the
Grantee or the Comptroller of the State of Florida to take offset
action against any other available funding due the Subgrantee.
The Comptroller is authorized to pay such offset to the Grantee
upon written notice from the Grantee.
5. COMPLIANCE WITH ENVIRONbIENTAL, PLANNING AND PERMITTING
LAWS: The Subgrantee shall be responsible for implementation and
completion of the approved projects described in the PW(s) in a
manner satisfactory to the Grantee, and in accordance with
applicable federal, state, and local statutes, regulations,
plans, and policies. Any development authorized by, any
development order issued by, any permit issued by, or any
• development activity undertaken by, the Subgrantee, and any land
use permitted by or engaged in by the Subgrantee, shall be
•
consistent with the local comprehensive plan and land development
regulations prepared and adopted pursuant to Chapter 163, Part
II, Florida Statutes. Funds shall be expended for, and
development activities and land uses authorized for, only those
uses which are permitted under the comprehensive plan and land
development regulations. The Subgrantee shall be responsible for
ensuring that any development permit issued and any development
activity or land use undertaken is, where applicable, also
authorized by the pertinent Water Management District, the'
Florida Department of Environmental Protection, the Florida
Department of Health, and any Federal, State or local
Page S
FEMA-1300-DR-FL
environmental or land use authority, where required.
• In addition, Subgrantee shall comply with other federal and
state environmental laws, statutes, regulations, and guidance
including, but are not limited to, those identified in
Attachments A and C.
Subgrantee further agrees to provide and maintain competent
and adequate engineering or other supervision at all construction
or work sites to ensure that the complete work conforms with the
approved plans, specifications, and scope of work.
6. REQIIIRED DOCUMENTATION; REVIEW/INSPECTION: The Subgrantee
shall create and maintain acceptable documentation of work
performed and costs incurred with respect to each project
identified in connection with a PW. Failure to create and
• maintain proper documentation will result in the disallowance of
funding; and require the refund of funds previously reimbursed or
advanced, including an interest penalty. For all Large projects,
the Subgrantee shall submit: (a) a request for reimbursement of
actual costs (see Attachment D); (b) a Summary of Documentation
(See Attachment E) which shall be supported by, but not attached,
all appropriate backup documentation (e.g. invoices, canceled
checks, daily activity reports, payroll records, time sheets,
executed contracts, receipts, purchase orders, billing
statements, etc.); and (c) a request for a final inspection. For
all projects the Subgrantee shall certify, on the P.4 Project
Listing, that all work and costs claimed are eligible in
accordance with the Grant conditions, that all work claimed has
• Page 6
FEMA-1300-DR-FL
been completed, and all costs claimed have been paid in full.
• The Subgrantee shall also enter the date the work was completed
and the amount claimed, for each PW on the Project Listing. The
Grantee will inspect Small Projects on a random basis. The
Grantee will schedule and perform the final inspections on Large
Projects, and review the Project Listing for Small Projects or
inspect the project, to ensure that the work was performed within
the scope of work delineated on the PW(s). Costs of any work not
performed within the approved scope of work shall not be eligible
for funding
7. COST SHARING: The disaster relief funds for eligible
costs indicated on the PW(s) and described in this Agreement
shall be shared in accordance with the cost sharing provisions
• established in the Stafford Act, the FEMA-State Agreement, and
Chapter 99-226, Laws of Florida, Specific Appropriation 1122.
PW(s) document the total eligible costs and the total Federal
share (75~) of those costs. The Grantee agrees to provide one-
half of the non-Federal share (12~~ of total eligible costs).
As a condition of receipt of this funding, the Subgrantee
similarly agrees to provide one-half of the non-Federal share
(12~% of total eligible costs). Administrative costs which
according to the schedule are in addition to and not part of the
PW(s) eligible costs, and are otherwise eligible under 44 CFR
206.228 and involve no required match, will be funded by FEMA.
8. PAYD~NT OF CLAIMS:
a. Small Projects: The Grantee shall make payment to
• pie ~ FEMA 1300-DR-FL
the Subgrantee of the Federal share of the actual eligible costs
• as soon as practicable after execution of this Agreement and
receipt from FEMA of the pertinent approved PW(s).
b. Large Projects: The payments for Large Projects will
be on a cost reimbursement basis and subject to receipt of the
following: (1) a Request For Advance or Reimbursement Form (See
Attachment D); (2) a Summary of Documentation Form, (See
Attachment E) listing the PW number, identifying the audit ready
documentation that exists to support the payment request,
identifying the dollar amounts of each eligible cost, and
identifying the Subgrantee's own internal reference number
(voucher, warrant, purchase order, etc.); and (3) a letter
providing a brief synopsis of the request, and certifying that
• the reported costs were incurred in the performance of eligible
work.
c. Advaaces: This Subgrantee may, at the discretion of
the Grantee, be paid an advance of funds, provided that the
Subgrantee: (1) demonstrates and maintains the willingness and
ability to maintain procedures to minimize the time elapsing
between the transfer of funds and their disbursement; (2) submits
budget data on which the request is based; (3) submits a
justification statement explaining the necessity for and proposed
use of the funds, and specification of the amount requested; and
(4) submits a completed Request for Advance or Reimbursement
Form. After any advance, and in the event no advance is
provided, all payments shall be on a cost reimb~arsement basis.
• Page 8 FEMA 1300-DR-FL
Subgrantees shall promptly, but at least quarterly, remit
• interest earned on advances (if any)to the Grantee for remittance
to FEMA.
d. Improved Projects: If the Subgrantee desires to
make improvements, but still restore the pre-disaster function of
the damaged facility in accordance with 44 CFR 206.203, the
Subgrantee must obtain prior approval from the Grantee.
e. Alternate Projects: In any case in which the
Subgrantee determines that the public welfare would not be best
served by restoring a damaged public facility, or function of
that facility, the Subgrantee may request that the Grantee and
FEMA approve, in advance of performing any work, an alternate
project in accordance with 44 CFR 206.203.
• f. Withholding of Funds: The Grantee may, in its sole
discretion, withhold a percentage of funding (up to 12.58 of
total project funding, the full non-federal share paid by the
State) provided under this Agreement in order to protect against
subsequent adverse determinations by FEMA regarding previously
authorized or disbursed grant funds.
9. FINAL PAYMENT: The final payment will be made only after
completion of all projects, submission of all required
documentation, receipt and review of P.4 Project Listing,
completion of random inspection of Small Projects (as determined
by Grantee), final inspection (Large Projects), and a request for
final reimbursement.
10. RECORDS MAINTENANCE: The Subgrantee agrees to maintain
•
Page 9
FEMA-1300-DR-FL
all records pertaining to the projects described in the PW(s) and
• the funds received under this Agreement until all issues relating
to the inspection and final audit have been completed, and any
action or resolution of outstanding issues have been completed.
In no event will such records be maintained for a period of less
than three (3) years from the date of the final payment under
this Agreement. Access to those records must be provided at
reasonable times to the Comptroller General of the United States,
the Grantee, its employees and agents, and to FEMA, its employees
and agents.
11. RECOVERY OF FUNDS: If the final inspection, audit, or
other review by FEMA, the State, or any other authorized entity
determines that payment made under this Agreement exceeds the
• amount of actual eligible costs, the Subgrantee shall, within
forty-five (45) days of receipt of the determination notice,
repay the Grantee the amount determined to be in excess of the
actual costs.
12. AUDIT:
a. Subgrantees shall submit an Audit of Agreement
Compliance to the Grantee as provided herein. If the Subgrantee
expends $300,000 or more in Federal awards in its fiscal year,
then the Subgrantee shall have an audit conducted. This audit
will be performed by an independent Certified Public Accountant
or other entity independent of the Subgrantee in accordance with
the standards of the Comptroller General as specified in the
General Accounting Office Standards for Audit of Governmental
• Page 10 FEMA-1300-DR-FI.
Organizations, Programs, Activities and
• accepted auditing standards established
of Certified Public Accountants. The a~
grant must be identified with the audit
shall also comply with the requirements
216.349, and 216.3491, Florida Statutes
Functions, and generally
by the American Institute
reement number of this
submitted. Such audit
of Sections 11.45,
and Chapter 10.550 and
10.600, Rules of the Auditor General, and, to the extent
applicable, the Single Audit Act of 1984, as amended, 31 USC 7501
through 7507, and OMB Circular A-133, as revised June 24, 1997,
or thereafter. If the Subgrantee is a private non-profit
organization, it shall submit an organization-wide audit. All
audits are due not later than seven (7) months after the
termination of the entity's fiscal year. If the Subgrantee
• expends less than $300,000 in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB
Circular A-133 is not required, but an audit may otherwise be
required under Section 216.3491, Florida Statutes, and rules
adopted pursuant thereto.
b. The Grantee may require the Subgrantee to undertake
such further or additional audits as determined necessary or
appropriate including, but not limited to, past and current
organization-wide audits. Such audits may be necessary to
determine the adequacy, accuracy, and reliability of the
Subgrantee's internal controls, fiscal data, and management
systems established to safeguard the Subgrantee's assets and to
ensure compliance with this P_greement.
,]
Page I1 FEMA 1300-DR-FL
c. If this Agreement is closed out without an audit,
• the Grantee reserves the right to recover any disallowed costs
identified in an audit after such close-out.
13. NONCOMPLIANCE: If the Subgrantee violates any of the
conditions of disaster relief assistance under the Robert T.
Stafford Act of 1988, Public Law 93-288 as amended by Public Law
100-707, the FEMA-State Agreement, this Agreement, or applicable
state law or applicable state or federal regulations, including
those noted herein, additional financial assistance for the
project in which the violation occurred will be withheld until
such violation has been corrected, or the Grantee may take any
other action that is legally available.
14. NONDISCRIMINATION/CONTRACTORS: The Subgrantee shall
• maintain an active program of nondiscrimination in disaster
assistance as outlined in 44 CFR, Parts 7 and 16, and 44 CFR
Section 206.11. The Subgrantee shall comply with federal
regulations concerning the General Services Administrative
Consolidated List of Debarred, Suspended and Ineligible
Contractors, as provided in 44 CFR Part 17.
15. MODIFICATION: Either party may request modifications to
this Agreement, except for scope of work to be completed on the
PW(s) and the time limitations for performance of the work which
are subject to modification in accordance with separate
procedures governed by FEMA regulation. Modifications to the
terms and conditions of this Agreement shall be proposed in
• Page 12 FEMA-1300-DR-FL
writing by either party and become effective only upon execution
• by both parties. Modifications to any PW or the time for
performance of eligible work shall be requested through the
Grantee, .approved solely at the discretion of FEMA and shall be
reflected in a supplemental PW or time extension approval.
Modifications to a PW shall not be reflected in a modification to
this Agreement. If otherwise allowed under this Agreement, any
extension shall be in writing and shall be subject to the same
terms and conditions set forth in the initial Agreement. There
shall be only one extension of the Agreement unless the failure
to meet the criteria for completion is due to events beyond the
control of the Subgrantee.
16. TIES FOR PERFORMANCE: All activities funded under this
• Agreement shall be timely performed and completed. In accordance
with 44 CFR 206.204, and subject to any approved extension by the
Governor's Authorized Representative (GAR) or the Federal
Regional Director, the term for performance of debris clearance
or emergency work is six (6) months from the date of the
declaration of a major disaster or emergency. Permanent
(restoration) work must be completed within eighteen (18) months
of the date of the Presidential Declaration of a major disaster.
Time extensions may be granted on an individual basis, in
accordance with 44 CFR 206.204. If any extension request is
denied, the Subgrantee may be reimbursed for eligible project
costs incurred up to the latest approved completion date.
Failure to complete the project will result in the denial of
• Page 13 FEMA-1300-DR-FL
funding for that project.
• 17. CONTRACTS WITH OTHERS: If a Subgrantee contracts with
any other entity (herein after "contractor") for performance of
any of the work required under this Agreement, the Subgrantee
agrees to include in the contract that the contractor is bound by
the terms and conditions of this Agreement with the Grantee, and
to provide the contractor with a copy of this Agreement. The
Subgrantee further agrees to include in the contract that the
contractor shall hold the Subgrantee and the Grantee harmless
against all claims of whatever nature arising out of the
performance of the work by the contractor under the contract. To
the extent that the Subgrantee has outstanding, uncompleted,
contracts for work for which reimbursement will be requested
• under this Agreement, Subgrantee agrees to use its best efforts
to modify said contracts in accordance with this, paragraph.
18. TERMINATION: Either party may request termination of
this Agreement, in writing, delivered in person, or by certified
mail, to the party's representative who executes this Agreement.
Said termination may be accomplished by mutual agreement of the
parties, effective thirty (30) days after an executed
modification to effect termination.
19. LIABILITY:
(a) The Grantee assumes no liability whatsoever to third
parties as a result of this Agreement. Unless the Subgrantee is
a State agency or subdivision as defined in Section 768.28,
Florida Statutes, the Subgrantee shall be solely responsible to
• Page 14 FEMA 1300-DR-FL
parties with whom it shall deal in carrying out the terms of this
• Agreement, and shall indemnify and save the Grantee and the State
of Florida harmless against all claims, suits, liabilities and
damages, of whatever nature, arising out of the performance of
activities funded or contemplated under this Agreement. For
purposes of this Agreement, Subgrantee agrees that it is not an
employee or agent of the Grantee but is an independent
contractor.
(b) Any Subgrantee which is a State agency or subdivision,
as defined in Section 768.28, Fla. Stat., agrees to be fully
responsible for its negligent acts or omissions or tortious acts,
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 Subgrantee 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 the
performance of this Agreement.
(c) Subgrantee represents and warrants that hazardous and
toxic materials, if present at any locations where the scope(s)
of work will be performed, are at levels within regulatory limits
and do not trigger action required by Federal, State or local
laws or regulations. Subgrantee further represents and warrants
that household hazardous waste meeting the definition set forth
in 40 CFR shall be handled in a manner which meets all Federal,
State and local laws and regulations. Subgrantee further
• Page 15 FEMA 1300-DR-FL
represents and warrants that the presence of any condition(s) or
• material(s) on site, which is subject to Federal, State or local
laws and regulations (including but not limited to: above ground
or underground storage tanks or vessels, asbestos, pollutants,
irritants, pesticides, contaminants, petroleum products, waste,
chemicals, and septic tanks), shall be handled and disposed of in
accordance with the pertinent requirements.
20. REPORTS: The Subgrantee shall provide quarterly progress
reports to the Grantee, using the attached Quarterly Report Form,
Attachment F. Refer to the "Quarterly Report Schedule and
Instructions" (Attachment G) for the due date of the first
report. Reports are due quarterly thereafter until the work has
been completed and approved through final inspection. Reports
• shall indicate the status and completion date for each project
funded, any problems or circumstances affecting completion dates,
or the scope of work, or the project costs, and any other factors
reasonably anticipated to result in noncompliance with the terms
of the grant award. Interim inspections shall be scheduled by
the Subgrantee prior to the final inspection and may be required
by the Grantee based on information supplied in the quarterly
reports. The Grantee may require additional reports as needed.
The Subgrantee shall, as soon as possible, provide any additional
reports requested by the Grantee. The Grantee contact will be
the State Public Assistance officer for all reports and requests
for reimbursement.
•
Page 16 FEMA 1300-DR-FL
21. STANDARD CONDITIONS: The Subgrantee further 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, or the provision of funding to
the Grantee pursuant to Section 252.37, Florida Statutes.
b. Bills for fees or other compensation for services or
expenses must be submitted in detail sufficient for a proper pre-
and post- audit thereof.
c. The Grantee may unilaterally cancel this Agreement
for refusal by the Subgrantee or its contractors to allow public
access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Florida Statutes, and
• made or received by the Subgrantee or its subcontractor in
conjunction with this Agreement. It is expressly understood that
substantial evidence of the Subgrantee's or their contractor's
refusal to comply with this provision shall constitute a breach
of contract, and constitute grounds for termination.
d. Pursuant to Section 216.347, Florida Statutes, and
applicable federal law, the Subgrantee agrees that no funds from
this Agreement will be expended for the purpose of lobbying the
Legislature, state agency employees, Members of Congress,
officers or employees of Congress, or an employee of a Member of
Congress in connection with the awarding of this Agreement or any
amendments or modifications of this Agreement.
e. The Subgrantee certifies with respect to this
FEMA 1300-DR-FL
Page 17
Agreement that it possesses the legal authority to receive the
• funds.
f. The Subgrantee shall comply with any Statement of
Assurance attached hereto, which shall be incorporated herein.
The Subgrantee acknowledges that the responsibility for complying
with the approved subgrant award rests with the recipient
Subgrantee and acknowledges that failure to do so constitutes
grounds for the recision or suspension of this subgrant and may
influence future subgrant awards.
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 Grantee shall consider the employment by any Subgrantee or
contractor of unauthorized aliens a violation of Section 274A(e)
of the INA. Such violation by the Subgrantee of the employment
provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the
Grantee.
h. A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity
crime 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
• page 18 FEMA-1300-DR-FL
•
22. TERM: This Agreement shall begin upon the date last
•
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
list.
signed and shall end upon receipt of official closing
documentation from FEMA unless terminated earlier in accordance
with the provisions of this Agreement. Subgrantee agrees to
promptly commence and to expeditiously complete the scope of work
identified herein. All emergency work., Categories A and B, must
be completed within 6 months of the date of declaration, or by
March 22, 2000. All permanent work, Categories C through G, must
be completed within 18 months of the date of declaration, or by
March 22, 2001.
23. NOTICE AND CONTACT: All notices under this Agreement
C]
shall be in writing, delivered either by hand delivery or
certified mail to the representative and address below:
FOR THE GRANTEE:
Joseph F. Myers, GAR
State Public Assistance
2555 Shumard Oak Blvd
Tallahassee, Florida 32399-2100
Page 19
FOR THE SUBGRANTEE:
Thomas G. Bradford
Village Manager
PO Box 3273
Tequesta, FL 33469
FEMA-1300-DR-FL
24. DEFAIILT; REMEDIES; TERMINATION
• a. If any of the following events occur ("Events of
Default"), all obligations on the part of the Grantee to make any
further payment of funds hereunder shall, if the Grantee so
elects, terminate, and the Grantee may at its option exercise any
of its remedies set forth herein, but the Grantee 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
Subgrantee in this Agreement or any previous Agreement with the
Grantee shall at any time be false or misleading in any respect,
• or if the Subgrantee shall fail to keep, observe or perform any
of the terms or covenants contained in this Agreement or any
previous agreement with the Grantee and has not cured such in
timely fashion, or is unable or unwilling to meet its obligations
thereunder;
2. If any material adverse change shall occur in
the financial condition of the Subgrantee at any time during the
term of this Agreement from the financial condition revealed in
any reports filed or to be filed with the Grantee, and the
Subgrantee fails to cure said material adverse change within
thirty (30) days from the time the date written notice is sent by
the Grantee;
3. If any reports required by this Agreement have
•
Page 20 FEMA 1300-DR-FL
not been submitted to the Grantee or have been submitted with
• incorrect, incomplete or insufficient information; or
4. If the necessary funds are not available to
fund this agreement as a result of action by Congress, the
Legislature, the Office of the Comptroller or the Office of
Management and Budget.
b. Upon the happening of an Event of Default, then the
Grantee may, at its option, upon written notice to the Subgrantee
and upon the Subgrantee'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 Grantee from pursuing any other
remedies contained herein or otherwise provided at law or in
• equity;
1. Terminate this Agreement, provided that the
Subgrantee is given at least fifteen (15) 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 (23) 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
•
Page 21 FEMA-1300-DR-FL
from the Subgrantee 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
situation is not corrected, advising
discontinue or refrain from incurring
question or requiring the Subgrantee
the amount of costs incurred for any
ineligible; and
may be taken if the
the Subgrantee to suspend,
~ costs for any activities in
to reimburse the Grantee for
items determined to be
5. Exercise any other rights or remedies which may
be otherwise available under law.
c. The Grantee may terminate this Agreement for cause
upon such written notice as is reasonable under the
circumstances. Cause shall include, but not be limited to,
• misrepresentation in the grant application; misuse of funds;
fraud; lack of compliance with applicable rules, laws and
regulations; failure to perform in a timely manner; and refusal
by the Subgrantee to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter
119, FS, as amended.
d. Suspension or termination constitutes final Grantee
action under Chapter 120, FS, as amended. Notification of
suspension or termination shall include notice of administrative
hearing rights and time frames. However, any deobligation of
funds or any other determination made by FEMA shall be addressed
as provided in 44 CFR 206.206.
r~
U
Page 22 FEMA-1300-DR-FI,
e. The Subgrantee shall return funds to the Grantee if
found in non-compliance with laws, rules, regulations governing
the use of the funds or this Agreement.
f. Notwithstanding the above, the Subgrantee shall not
be relieved of liability to the Grantee by virtue of any breach
of Agreement by the Subgrantee. The Grantee may, to the extent
authorized by law, withhold any payments to the Subgrantee for
purpose of set-off until such time as the exact amount of damages
due the Grantee from the Subgrantee is determined. In the event
the FEMA deobligates funds previously authorized under this
Agreement, or under any other FEMA funded agreement administered
by the Division, then Subgrantee shall immediately repay said
funds to the Grantee. If Subgrantee fails to repay said funds,
• then Subgrantee authorizes the Grantee to recoup said funds from
funding otherwise available under this Agreement or under any
other grant Agreement with Subgrantee administered by the
Grantee.
2 5 . ATTAC~PTTS
a. All attachments to this Agreement are incorporated
as if set out fully herein.
b. In the event of any inconsistencies or conflict
between the language of this Agreement and the attachments
hereto, the language of such attachments shall be controlling,
but only to the extent of such conflict or inconsistency.
c. This Agreement has the following attachments:
Attachment A Program Statutes and Regulations
Attachment B Lobbying Prohibition/Certification
Page 23 FEMA-1300-DR-FL
Attachment C Statement of Assurances
Attachment D Request for Advance or Reimbursement
Attachment E Summary of Documentation
Attachment F Florida Public Assistance Quarterly
Report
Attachment G Quarterly Report Schedule and
Instructions
26. DESIGNATED AGENT: The Subgrantee hereby authorizes:
Village Manager as its primary designated agent,
and Asst Village Manager/Vi l l agP c'i Prk as its alternate designated
agent, to execute Requests for Reimbursement, necessary
certifications, and other supplementary documentation.
IN WITNESS HEREOF, the Grantee and Subgrantee have executed
this Agreement;
FOR THE SUBGRANTEE:
FOR THE GRANTEE:
1/ILL/~~E OF TEQUESTA STATE OF FLORIDA
P.O. BOX 3273
T~UESTl~, FLORIDI~3'~d~Q DEPARTMENT OF COMMUNITY AFFAIRS
(Signature) (Signature)
Thomas G. Bradford Joseph F. Myers
(Print or Type Name)
Village Manager
(Title)
February 29, 2000
(Date)
Subgrantee's Federal
Employer Identification No.
59-6~J~4081
Page 24
(Pritrt or Type Name)
Governor's Authorized Representative
(Tide)
L~ ~~1~ ~
(Date)
Federal Domestic Assistance #83.544
F'EMA-1300-DR-FZ
ATTAC~NT A
• PROGRAM STATIITES AND REGIILATIONS
The parties to this Agreement and the Public Assistance and Fire
Suppression Grant Programs are generally governed by the
following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 USC 5121, et seq;
(2) 44 CFR parts 6, 7, 9, 10, 13, 14, 16, 17, 18, 25, 206,
220, and 221, and any other applicable FEMA policy
memoranda, handbooks and guidance documents;
(3) State of Florida Administrative Plan for the Public
Assistance Grant Program; and
(4) All applicable laws and regulations delineated in
Attachment C of this Agreement.
U
• A-1
U
•
•
ATTACHMENT B
LOBBYING PROHIBITION
The undersigned certifies, to the best of his or her
knowledge and belief, that:
(a) 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 either
directly or indirectly 'an officer or employee of any
state or federal agency, a member of the Florida
Legislature, 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.
(b) 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-L. "Disclosure
Form to Report Lobbying," in accordance with its
instructions.
(c) 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 persons 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.
Signature Gf
Thomas G. Bradford, Village Manager
Typed Name and Title
B-1
ATTACH~I~TT C
• STATEMENT OF ASSURANCES
The Subgrantee 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 disaster relief funding agreement with the
Grantee, including all understandings and assurances
contained therein, and directing and authorizing the
Subgrantee's chief executive 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
Subgrantee 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 Subgrantee shall incorporate or
cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant
to the purposes stated above;
(d) All Subgrantee 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 Subgrantee for eligible contract work completed prior to.
the date the notice of suspension of funding was received by
the Subgrantee. Any cost incurred after a notice of
suspension or termination is received by the Subgrantee may
not be funded with funds provided under this Agreement
unless previously approved in writing by the Grantee. All
Subgrantee contracts shall contain provisions for
termination for cause or convenience and shall provide for
• the method of payment in such event;
C - 1
(e) It will comply with:
• (1) Contract Work Hours and Safety Standards Act of 1962,
40 U.S.C. 327 et seq., requiring that mechanics and
laborers (including watchmen and guards) employed on
federally assisted contracts be paid wages of not less
than one and one-half times their basic wage rates for
all hours worked in excess of forty hours in a work
week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201
et seq., requiring that covered employees be paid at
least the minimum prescribed wage, and also that they
be paid one and one-half times their basic wage rates
for all hours worked in excess of the prescribed work-
week.
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352),
and the regulations issued pursuant thereto, which
provides that no person in the United States shall on
the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination under
any program or activity for which the Subgrantee
• 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 Subgrantee, this
assurance shall obligate the Subgrantee, 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;
•
C - 2
(3) Executive Order 11246 as amended by Executive Orders
• 11375 and 12086, and the regulations issued pursuant
thereto, which provide that no person shall be
discriminated against on the basis of race, color,
religion, sex or-national origin in all phases of
employment during the performance of federal or
federally assisted construction contracts; affirmative
action to insure fair treatment in employment,
upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff/termination, rates of
pay or other forms of compensation; and election for
training and apprenticeship;
(g) The Subgrantee agrees to comply with the Americans With
Disabilities Act (Public Law 101-336, 42 U.S.C. Section
12101 et secy.), 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 (f/k/a the Hatch Act) which limits the political
activity 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;
C - 3
(1) It will require every building or facility (other than a
• privately owned residential structure) designed,
constructed, or altered with funds provided under this Part
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 Subgrantee will be
responsible for conducting inspections to ensure compliance
with these specifications by the contractor;
(m) It will, in connection with its performance of environmental
assessments under the National Environmental Policy Act of
1969, comply with Section 106 of the National Historic
Preservation Act of 1966 (U.S.C. 470), Executive Order
11593, 24 CFR Part 800, and the preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C.
469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Officer
to identify properties listed in or eligible for
inclusion in the National Register of Historic Places
that are subject to adverse effects (see 36 CFR Section
800.8) by the proposed activity; and
• (2) Complying with all requirements established by the
State to avoid or mitigate adverse effects upon such
properties.
(3) Abiding by the terms and conditions of the
"Programmatic Agreement Among the Federal Emergency
Management Agency, the Florida State Historic
Preservation Office, the Florida 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 Subgrantee's projects funded under this
Agreement may affect a historic property, as defined in
36 CFR 800.(2)(e), the FEMA may require Subgrantee 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
C - 4
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, Subgrantee agrees to participate in
consultations to develop, and, after execution by all
parties, to abide by, a written agreement that
establishes mitigation and recordation 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) Subgrantee 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 Subgrantee 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 Subgrantee is unable to avoid
the archeological property, the Subgrantee will
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." Subgrantee 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 Subgrantee to implement
the treatment plan. If either the Council or the SHPO
C - 5
object, Subgrantee shall not proceed with the project
• until the objection is resolved.
(6) Subgrantee shall notify the Department and FEMA as soon
as practicable: (a) of any changes in the approved
scope of work for a National Register eligible or
listed property; (b) of all changes to a project that
may result in a supplemental PW 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. Subgrantee acknowledges
that FEMA may require Subgrantee 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. Subgrantee further
acknowledges that FEMA may require Subgrantee to take
all reasonable measures to avoid or minimize harm to
• such property until FEMA concludes consultation with
the SHPO. Subgrantee also acknowledges that FEMA will
require, and Subgrantee shall comply with,
modifications to the project scope of work necessary to
implement recommendations to address the project and
the property.
(7) Subgrantee 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, Subgrantee 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 USC 4521-45-94) relating to nondiscrimination on
the basis of alcohol abuse or alcoholism;
•
C-6
(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 USC 6201-6422), and the provisions of the
state Energy Conservation Plan adopted pursuant thereto.
(s) It will comply with the Animal Laboratory Welfare Act of
1966, 7 USC 2131-2159;
(t) It will comply with the Civil Rights Act of 1968, Title VI
and VIII, 42 USC 2000c and 42 USC 3601-3619.
(u) It will comply with the Clean Air Act of 1970, as amended,
42 USC 7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended,
42 USC 7419-7626;
(w) It will comply with the Davis-Bacon Act, 40 USC 276a;
(x) It will comply with the Endangered Species Act of 1973, 16
USC 1531-1544;
(y) It will comply with the Intergovernmental Personnel Act of
1970, 42 USC 4728-4763;
(z) It will comply with the National Historic Preservation Act
of 1966, 16 USC 270;
(aa) It will comply with the National Environmental Policy Act of
1969, 42 USC 4321-4347;
(bb) It will comply with the Preservation of Archeological and
Historical Data Act of 1966, 16 USC 469a, et seq;
(cc) It will comply with the Rehabilitation Act of 1973, Section
504, 29 USC 794;
(dd) It will comply with the Safe Drinking Water Act of 1974, 42
USC 300f-300j;
(ee) It will comply with the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 USC 4621-4638;
(ff) It will comply with the Wild and Scenic Rivers Act of 1968,
16 USC 1271-1287; and
(gg) It will comply with the following Executive Orders: EO 11514
(NEPA); EO 11738 (violating facilities); EO 11988
(Floodplain Management); and EO 11990 (Wetlands); and EO
• 12848 (Environmental Justice).
C - 7
(hh) It will comply with the Coastal Barrier Resources Act of
• 1977, 16 USC 3510.
(ii) It will comply with the Coastal Zone Management Act of 1972,
16 USC 1451-1464.
(jj) It will comply with the Fish and Wildlife Coordination Act
of 1958; 16 USC 661-666.
(kk) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to
demonstrate that the Subgrantee 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 there on.
3. Furnish documentation of all qualified personnel,
licences and all equipment necessary to inspect
buildings located in Subgrantee'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 Subgrantee 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 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 or septic tanks are to be closed along with
the number of wells located on each site.
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) .
C - 8
11. Comply with all applicable standards, orders, or
requirements issued under Section 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 C.F.R.
Part 15). This clause shall be added to any
subcontracts.
12. Provide documentation of public notices for demolition
activities.
•
•
C - 9
ATTACHMENT D
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
C]
Request for Advance or Reimbursement for Public Assistance Funds
SUBGRANTEE NAME: DEC NO:
ADDRESS: PA ID NO:
PAYMENT NO: DCA AGREEMENT NO:
•
DSR DCA USE ONLY
ELIGIBLE PREVIOUS CURRENT
AMOUNT PAYMENTS REQUEST APPROVED
FOR PAYMENT CONIIvIENTS
DSR#
CATEGORY
COMPLETE
DSR# y
CATEGORY
COMPLETE
DSR#
CATEGORY
COMPLETE
DSR#
CATEGORY
COMPLETE
DSR#
CATEGORY
COMPLETE
TOTAL CURRENT REQUEST $
I certify that to the best of my Jmowledge and belief the above accou~s are correct and that all disbursements were made in accordance with all
conditions of the DCA agreeme~ and payment is due and has not been previously requested for these amounts.
SUBGRANTEE SIGNAT[JRE
NAME AND TITLE DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIItS (DCA)
•
APPROVED FOR PAYMENT $
ADMINISTRATIVE COST $
TOTAL PAYMENT $
GOVERNOR'S AUTHORIZED REPRESENTATIVE
DATE
D-1
ATTACHI~~NT E
FLORIDA DIVLSION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK
• Subgrantee:
DCA Agreement No.
•
•
Disaster No.
Project Application No.
Applicant', Reference Delivery Date of D(X',[JMHNTATION Applicant',
No. (Warrant, Voucher, article, or List Donanentation (Applicant', payroll, material out of applicant', crock, i3ligible Corn
Claim or Schedule No.) performance applicant awned equipmatt and name of vendor of contractor) by category and (SSS)
rervicee. line Item in the approved project application and give • brief deuripdm of the
articla or tervicer.
TOTAL
TOTAL
E-1
A'1°1'Al:lllVl~N"l~ 1~
FLORIDA PUBLIC ASSISTANCE QUARTERLY REPORT
SUBGRANTEE:
AGENT:
QUARTERLY REPORT PERIOD:
DATE:
Page: OF
NO DSR# CAT. SUP# %CMP STATUS-REMARKS
PA ID:
PHONE:
DISASTER NO.
STATE GRANT MGR:
• ~_ •
ATTACHMENT G
• FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
QUARTERLY REPORT SCHEDULE AND INSTRUCTIONS
Quarterly Progress Reports are required by the Disaster Funding Agreements for all subgrantees
until all their Project Worksheets (PWs, formerly Damage Survey Reports {DSRs}), are completed.
Subgrantee reports are reviewed by the Grants Manager, then consolidated by disaster event
(declaration number) and forwarded to FEMA Region IV as required by the FEMA/State Agreement
for each disaster. The State reports are due to FEMA Region IV thirty (30) days after the end of the
reporting quarter. Reporting quarters and submission dates are listed below for your information and
compliance.
QUARTERS DUE TO STATE BY
January-March Apri115`~(or 1'`work day after)
April-June June 15"' (or 1'` work day after)
July-September October 15~' (or 1'` work day after)
October-December January 15~' (or 1'` work day after)
STATE SUBMISSION TO FEMA
Not Later Than -Apri130`~
Not Later Than-July 31'`
Not Later Than- October 31s`
Not Later Than-January 31'`
• Subgrantees involved in their "first" or a "new" disaster grant will be advised of the date
required for the submission of their first Quarterly Report for that disaster. All subsequent Quarterly
Report submissions will follow the schedule outlined above.
Subgrantees involved in more than one open disaster grant must submit separate reports for
each disaster that has outstanding DSR projects. Please be aware, the Department will withhold
payment of any disaster funds due if the report is not submitted on time.
Subgrantees should contact their Grants Manager for guidance in preparing their "first"
Quarterly Progress Report for any disaster. If you have any question, contact your Grants Manager.
JFM/js
•
G-1