HomeMy WebLinkAboutResolution_40-97/98_09/22/1998 i
RESOLUTION NO. 40 - 97/98
A RESOLUTION OF THE VILLAGE COUNCIL OF
• THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING THE HAZARD
MITIGATION GRANT AGREEMENT, CONTRACT
NUMBER 99HM- 7- W- 10 -60 -15 -003, BETWEEN THE
STATE OF FLORIDA, DEPARTMENT OF COMMUNITY
AFFAIRS, AND THE VILLAGE OF TEQUESTA IN
THE AMOUNT OF $95,000, AND AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE THE SAME
ON BEHALF OF THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1. The Hazard Mitigation Grant Agreement,
Contract Number 99HM- 7- W- 10 -60 -15 -003, between the State
of Florida, Department of Community Affairs and the
Village of Tequesta attached hereto as Exhibit "A" and
incorporated by reference as a part of this Resolution,
is hereby approved and the Village Manager of the Village
of Tequesta is authorized to execute the same on behalf
of the Village of Tequesta.
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
Hansen , who moved its adoption. The motion
was seconded by Councilmember NIn c l;ai 1 , and upon
• being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
J oseph N. Capretta
Carl C. Hansen
Ron T. Mackail
Elizabeth A. Schauer
The Mayor thereupon declared the Resolution duly passed
and adopted this 22nd day of September, A.D., 1998.
MAYOR OF TEQUESTA
i
Elizabeth A Schauer
ATTEST:
= Mangan"
Village Clerk
amipro \resolutions \40 -9798
•
Memorandum
To: Thomas G. Bradford, Village Manager Q
From: Gary Preston, Director of Public Works 'J.f.
Date: September 16, 1998
Subject: Village Council Agenda Item for September 22, 1998;
Approval of Proposed Hazard Mitigation Grant
Agreement, Contract Number 99HM- 7- W- 10 -60 -15 -003,
Between State of Florida, Department of
Community Affairs, and the Village of Tequesta
in the Amount of $95,000
Please find attached, the Grant Agreement between the above
referenced government agencies for the Tequesta Drive Drainage
Project (Dover Ditch Stormwater Improvement Project) in the
amount of $95,000. Officials from the State of Florida,
Department of Community Affairs, have advised that four (4)
• copies of the Grant Agreement must be signed by you on Pages 15
and C -1. The Village will receive grant funding after the
project has been inspected by the State of Florida Engineering
Firm and proof of final payment to project contractor, Ric -Man
International, Inc.
I have also attached the September 11, 1998 letter from Mr. John
C. Randolph, Esq., Village Attorney, approving the Grant
Agreement for legal form and sufficiency.
Please place this item on the September 22, 1998, Village Council
Meeting Agenda for Councilmember's consideration.
GP /mk
Attachs.
Preston.Agenda.Grant.9.16.98
•
JONES
FOSTER Flagler Center Tower, Suite 1100 Mailing Address
J OHNSTON 505 South Fla Drive Post Office Box 3475
S'TT TQ 7�� West Palm Beach, Florida 33401 West Palm Beach, Florida 33402 -3475
LM ' 1. Teiephone (561) 659 -3000 Facsimile (561) 832 -1454
Attorneys and Counselors
John C. Randolph, Esq.
Direct Dial: (561) 650 -0458
E -mail: jandolph @jones - foster.com
September 11, 1998 VIA FAX: 575 -6239
Mr. Gary Preston
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469
RE: Village of Tequesta
Hazard Mitigation Grant Agreement
Our File No. 13153.1
Dear Gary:
I have reviewed the Hazard Mitigation Grant Agreement between the State of Florida, Department
of Community Affairs, and the Village of Tequesta, Contract Number 99HM- 7W- 10 -60 -15 -003.
Please be advised that I approve of this agreement as to legal form and sufficiency.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
'
John C. Randolph
JCR/ssm
•
EXHIBIT "A"
• Contract Number: 99HM- 7W- 10 -60 -15 -003
CFDA Number: 83.516
HAZARD MITIGATION GRANT AGREEMENT
THIS HAZARD MITIGATION GRANT AGREEMENT (the Agreement) is entered into
by and between the State of Florida, Department of Community Affairs with headquarters in
Tallahassee, Florida (hereinafter referred to as the "Department "), and Village of Tequesta
(hereinafter referred to as the "Recipient ").
WHEREAS, the Southeast Floods produced disastrous weather conditions which had a
devastating impact upon the State of Florida; and
WHEREAS, the severity of the damage loss resulted in the declaration of an emergency
by the Governor; and
WHEREAS, The President of the United States has concurred and has declared a major
disaster designated FEMA -DR- 1074 -FL; and
WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of the
Presidential Declaration, has made available federal funds for hazard mitigation grants; and
• WHEREAS, the Florida Legislature has made funds available through the Department in
order to provide the Recipient funds required to meet the local match requirement; and
WHEREAS, Sections 252.35, 25236, 252.37, 252.38 and 163.03, Florida Statutes (FS)
authorize the relationship described herein; and
WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite
skills, knowledge, qualifications and experience to provide the services identified herein, and
does agree to perform as described herein;
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK
The Recipient shall fully perform the approved hazard mitigation project, as described in
Attachment A (Award Letter(s) and Obligation Report(s)) attached to this Agreement, in
accordance with the approved scope of work indicated therein, the estimate of costs
indicated therein, the allocation of funds indicated therein, and the terms and conditions
of this Agreement. Recipient shall not deviate from the approved project and the terms
and conditions of this Agreement. Recipient shall comply with any and all applicable
codes and standards in performing work ftinded under this Agreement, and shall provide
• any appropriate maintenance and security for the project.
DCA Agreement 99FL`I- 7W- 10 -60 -15 -003
• Village of Tequesta
Any development permit issued by, or development activity undertaken by, the Recipient
and any land use permitted by or engaged in by the Recipient, 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 Recipient 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 Water
Management District, the Florida Department of Environmental Protection, the Florida
Department of Health, the Florida Game and Fish Commission, and any local
environmental or land use permitting authority, where required. Recipient agrees that any,
repair or construction shall be in accordance with applicable standards of safety, decency,
and sanitation, and in conformity with applicable codes, specifications and standards.
Subgrantee will provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the approved plans
and specifications and will furnish progress reports and such other information as may be
required by the assistance awarding agency or state.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
• project, then Recipient shall ensure that, as a condition of fielding under this Agreement, the
owner of the affected real property establishes the following deed covenants and restrictions,
which shall run with and apply to any property acquired, accepted, or from which a structure will
be removed pursuant to the project: (a) the property will be dedicated and maintained in
perpetuity for a use that is compatible with open space, recreation, or wetlands management
practices; (b) no new structure will be erected on property other than:(i) a public facility that is
open on all sides and functionally related to a designated open space; (ii) a restroom; or
(iii) a structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure; (c) after the date of the
acquisition or relocation no application for disaster assistance for any purpose will be made to
any Federal entity and no disaster assistance will be provided for the property by any Federal
source; and (d) if any of these covenants and restrictions violated by the owner or by some third
party with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida
without further notice to the owner, its successors and assigns, and the owner, its successors and
assigns shall forfeit all right, title and interest in and to the property.
• 2
DCA Agreement 9911,1- M- 10 -60 -15 -003
• Village of Tequesta
(2) FUNDING and rNISURANCE
The Department shall provide Hazard Mitigation Grant Program (HMGP) funds as
described in Attachment A (Award Letter(s) and Obligation Report(s)) for eligible and
allowable costs incurred in performing the project(s) identified in Attachment A. Eligible
and allowable costs shall be determined in accordance with the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 44 Code of Federal Regulations (CFR)
Part 206, 44 CFR Part 13, and other applicable HMGP guidance. Administrative costs
shall be compensated in accordance with 44 CFR 206.439(b)(1)(ii).
The Department may make an award of additional funds, and authorize funding for
additional HMGP projects approved by FEMA, by subsequent Award Letter and
Obligation Report delivered to the Recipient's Representative identified in paragraph 12,
below. Should Recipient determine it does not wish to proceed based upon the award of
additional funds and additional projects, then Recipient shall provide notice to the
Department contact within thirty (30) days of receipt of the Award Letter and Obligation
Report. Otherwise, Recipient shall provide its notice of acceptance and intent to proceed
within forty-five (45) days of receipt of the Award Letter and Obligation Report. The
terms of this agreement shall be considered to have been modified to include the
additional funds and project(s) upon receipt of the notice of acceptance and intent to
proceed.
The Recipient shall utilize the attached form entitled "Request for Advance or
Reimbursement of Hazard Mitigation Grant Program Funds," Attachment E,
to obtain funds under this agreement. This form is hereby incorporated into
this contract by reference.
The final payment of funds will be made only after project completion, submission all
required documentation, final inspection, and a request for final reimbursement.
Recipient agrees to promptly commence and to expeditiously complete the scope of work
identified herein. All work shall be completed with two years of the execution of this
agreement, or prior to such deadline as established by the Federal Emergency
Management Agency, whichever is sooner.
Recipient agrees, as a condition of receipt of funding pursuant to this Agreement, to
obtain reasonably available, adequate, and necessary insurance for the type or types of
hazard for which the major disaster was declared, accordance with the requirements of 44
CFR 206 subpart I. Recipient agrees to obtain and maintain comprehensive liability and
workers compensation insurance, as well as pertinent performance and bids bonds, for the
construction period of the project.
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DCA Agreement 99H`i 1- 7W- 10 -60 -15 -003
• Village of Tequesta
(3) DUPLICATION OF BENEFITS PROHIBITION
In accordance with the provisions of Section 312 of the Stafford Act, duplication of
benefits is prohibited. The Recipient shall notify the Department, as soon as practicable,
of the existence of any insurance coverage for the costs identified in the application, and
of any entitlement to or recovery of funds from any other source for the project costs,
including Small Business Administration funding, Minimum Home Repair funds, and
other Federal, State and private funding. Allowable costs shall be reduced by the amount
of duplicate sources available. The Recipient shall be liable to the Department to the
extent that the Recipient or ultimate beneficiary receives duplicate benefits from any
other source for the same purposes for which the Recipient or ultimate beneficiary has
received payment from the Department. The Recipient shall immediately remit to the
Department any duplication of benefits payment received by the Recipient. In the event
the Department determines a duplication of benefits has occurred, Recipient hereby
authorizes the Department or the Comptroller of the State of Florida to take offset action
against any other available funding due the Recipient. The Comptroller is authorized to
pay such offset to the Department upon written notice from the Department. In addition,
Recipient shall ensure, as a condition of funding under this Agreement, that all required
Privacy Act releases and Duplication of Benefit paperwork is completed.
• (4) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and Federal
lays, rules and regulations, including but not limited to those identified in Attachments
B, C, and D.
(5) PERIOD OF AGREEMENT
This Agreement shall begin upon the date last signed and shall end twenty -four (24)
months after signature, unless terminated earlier in accordance with the provisions of
paragraphs (9) of this Agreement.
(6) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed
by each of the parties hereto, and attached to the original of this Agreement. However,
modification to include additional finds and additional projects shall be accomplished as
provided in paragraph (2), above.
• 4
DCA Agreement 99MI- 7W- 10 -60 -15 -003
• Village of Tequesta
(7) RECORD KEEPING
(a) Recipient's performance under this Agreement shall be subject to 44 CFR Part 13,
"Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments" and OMB Circular No. A -87, "Cost Principles
for State and Local Governments."
(b) All original records pertinent to this Agreement shall be retained by the Recipient
for three years following the date of termination of this Agreement or of
submission of the final, close -out report, whichever is later. However, if any
litigation, claim or audit is started before the expiration of the three year period
and extends beyond the three year period, the records will be maintained until all
litigation, claims or audit findings involving the records have been resolved.
(c) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the
Budget and Scope of Work - Attachment A (Award Letter(s) and Obligation
Report(s))- and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants
• to be paid from funds provided under this Agreement, shall allow access to its
records at reasonable times to the Department, its employees, and agents.
"Reasonable" shall be construed according to the circumstances but ordinarily
shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on
Monday through Friday. "Agents" shall include, but not be limited to, auditors
retained by the Department.
(8) REPORTS
(a) The Recipient shall provide quarterly progress reports to the Department, using
the attached Quarterly Report Form, Attachment F. The first report is due on the
first day of the federal quarter, after the date of execution of this Agreement and
quarterly thereafter until the work has been completed and approved through final
inspection. Therefore, reports shall be due on January 1, April 1, July 1, and
October 1. 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 Recipient prior to the final inspection and may be requested by
the Department based on information supplied in the quarterly reports. The
Department may require additional reports as needed. The Recipient shall, as
soon as possible, provide any additional reports requested by the Department. The
• 5
DCA Agreement 991Pv1- 7W- 10 -60 -15 -003
• Village of Tequesta
Department contact will be the state hazard mitigation officer for all reports and
requests for reimbursement.
(b) Recipient shall provide the Department with a close -out report on forms provided
by the Department. The close -out report is due no later than sixty (60) days after
termination of this Agreement or upon completion of the activities contained in
this Agreement.
(c) If all required reports and copies are not sent to the Department or are not
completed in a manner acceptable to the Department, the Department may
withhold further payments until they are completed or may take such other action
as set forth in paragraph (11). The Department may terminate the Agreement with
a Recipient if reports are not received within thirty (30) days after written notice
by the Department. "Acceptable to the Department" means that the work product
was completed in accordance with generally accepted principles and is consistent
with the Budget and Scope of Work, Attachment A.
(d) Upon reasonable notice, the Recipient shall provide such additional program
updates or information as may be required by the Department.
• (9) MONITORING
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Budget and Scope of Work is being accomplished
within specified time periods, Recipient is complying with all terms and conditions of
this Agreement, and other performance goals are being achieved. Such review shall be
made for each function, or activity set forth in Attachment A and each term and condition
established herein.
(10) LIABILITY
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this
agreement, and shall save the Department harmless against all claims of whatever
nature by third parties arising out of the performance of work under this
agreement. For purposes of this agreement, Recipient agrees that it is not an
employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
FS, agrees to be full) responsible for its own negligent acts or omissions or
tortious acts. Nothing herein is intended to serve as a waiver of sovereign
immunity by any Recipient to which sovereign inununity applies. Nothing herein
0 6
DCA A;reement 99HNI- 7W- 10 -60 -15 -003
Villa .ge of Tequesta
shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(11) DEFAULT: REMEDIES: TERIMINATIO\T
(a) If any of the following events occur ( "Events of Default "), all obligations on the
part of the Department to make any further payment of funds hereunder shall, if
the Department so elects, terminate, and the Department may at its option exercise
any of its remedies set forth herein, but the Department may make any payments
or parts of payments after the happening of any Events of Default without thereby
waiving the right to exercise such remedies, and without becoming liable to make
any further payment:
1. If any warranty or representation made by the Recipient in this Agreement
or any previous Agreement with the Department shall at any time be false
or misleading in any respect, or if the Recipient shall fail to keep, observe
or perform any of the terms or covenants contained in this Agreement or
any previous agreement with the Department and has not cured such in
timely fashion, or is unable or unwilling to meet its obligations thereunder;
• 2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial
condition revealed in any reports filed or to be filed with the Department,
and the Recipient fails to cure said material adverse change within thirty
(30) days from the time the date written notice is sent by the Department;
I If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or
insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any
of the services required under the Budget and Scope of Work hereto as
"Attachment A ".
5. 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 Department may, at its
option, upon written notice to the Recipient and upon the Recipient's failure to
timely cure, exercise any one or more of the following remedies, either
• concurrently or consecutively, and the pursuit of any one of the following
7
• DCA Agreement 99HN1- 7W- 10 -60 -15 -003
Village of Tequesta
remedies shall not preclude the Department from pursuing any other remedies
contained herein or otherwise provided at law or in equity;
1. Terminate this Agreement, provided that the Recipient is given at least
fifteen (15) days prior Nvritten 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 (12) herein;
2. Commence an appropriate legal or equitable action to enforce performance
of this Agreement; t
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited
to, requesting additional information from the Recipient to determine the
reasons for or the extent of non - compliance or lack of performance,
issuing a written warning to advise that more serious measures may be
taken if the situation is not corrected, advising the Recipient to suspend,
discontinue or refrain from incurring costs for any activities in question or
• requiring the Recipient to reimburse the Department for the amount of
costs incurred for any items determined to be ineligible; and
5. Exercise any other rights or remedies which may be otherwise available
under law.
(c) The Department may terminate this Agreement for cause upon such written notice
as is reasonable under the circumstances. Cause shall include, but not be limited
to, 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 Recipient 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 Department action under Chapter 120,
ES, as amended. 'Notification of suspension or termination shall include notice of
administrative hearing rights and time frames.
(e) The Recipient shall return funds to the Department if found in non - compliance
with laws, rules, regulations governing the use of the funds or this Agreement.
• (f) This Agreement may be terminated by the written mutual consent of the parties.
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DCA Agreement 991-I,N1- M- 10 -60 -15 -003
Village of Tequesta
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The
Department may, to the extent authorized by law, withhold any payments to the
Recipient for purpose of set -off until such time as the exact amount of damages
due the Department from the Recipient is determined. In the event the Federal
Emergency Management Agency (FEMA) deobligates funds previously
authorized under this Agreement, or under any other FEMA funded agreement
administered by the Division, then Recipient shall immediately repay said funds to
the Department. If Recipient fails to repay said funds, then Recipient authorizes
the Department to recoup said Rinds from funding otherwise available under this
Agreement or under any other grant Agreement with Recipient administered by
the Department.
(12) NOTICE AND CONTACT
(a) All Notices provided under or pursuant to this Agreement shall be in writing,
either by hand delivery, or first class, certified mail, return receipt requested, to
the representative identified below and said notification attached to the original of
this Agreement. `'Notices" shall mean communications regarding the addition of
funding or projects, and the implementation of any action under paragraph (11).
All correspondence other than Notices should be addressed and delivered by
regular US mail to the respective contact.
(b) The name and address of the Department contract manager for this
Agreement is:
Ms. Kathleen Marshall, Planning Manager
Bureau of Recovery and Mitigation
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mr. Allan Oslund, Coordinator
Stormwater Utility and Capital Projects
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469 -0273
• (d) In the event that different representatives are designated by either party after
9
DCA Agreement 99ELM- 7W- 10 -60 -15 -003
Village of Tequesta
execution of this Agreement, notice of the name, title and address of the new
representative will be rendered as provided in (12)(a) above.
(13) OTHER PROVISIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the
Recipient, in the Application, in any subsequent submission or response to
Department request, or in any submission or response to fulfill the requirements
of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes
shall, at the option of the Department and with thirty (30) days written notice to
the Recipient, cause the termination of this Agreement and the release of the
Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If
any provision hereof is in conflict with any applicable statute or rule, or is
otherwise unenforceable, then such provision'shall be deemed null and void to the
extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure
to insist on strict performance by the Recipient shall affect or extend or act as a
waiver of any other right or remedy of the Department hereunder, or affect the
subsequent exercise of the same right or remedy by the Department for any further
or subsequent default by the Recipient. Any power of approval or disapproval
granted to the Department under the terms of this Agreement shall survive the
terms and life of this A as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(14) AUDIT REQUIREMENTS
(a) Subgrantees shall submit an Audit of Agreement Compliance to the Grantee as
provided herein. If the Subgrantee expends 5300,000 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 Organizations, Programs, Activities and Functions, and
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DCA Agreement 99ELM -7 W- 10.60 -15 -003
• Village of Tequesta
generally accepted auditing standards established by the American Institute of
Certified Public Accountants. The agreement number of this grant must be
identified with the audit submitted. Such audit shall also comply with the
requirements of Sections 11.45, 216.349, and 216.3491, Florida Statutes 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 U.S.C. 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
5300,000 in Federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A -133 is not required, bu an audit may
otherwise be required under Section 216.349 1, 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 Agreement.
(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.
(15) SUBCONTRACTS
(a) If the Recipient subcontracts any or all of the work required under this Agreement,
the Recipient agrees to include in the subcontract that the subcontractor is bound
by the terms and conditions of this Agreement with the Department.
(b) The Recipient agrees to include in the subcontract that the subcontractor shall
hold the Department and Recipient harmless against all claims of whatever nature
arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed by law.
(c) If the Recipient subcontracts, a copy of the executed subcontract must be
forwarded to the Department within five (5) days of the Department's request.
(d) Contractual arrangements shall in no way relieve the Recipient of its
responsibilities to ensure that all funds issued pursuant to this grant be
• administered in accordance with all state and federal requirements.
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DCA Agreement IIHN1- M- 10 -60 -15 -003
• Village of Tequesta
(16) TERMS AND CONDITIONS
The Agreement contains all the terms and conditions agreed upon by the parties.
(17) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be
controlling, but only to the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Attachment A Award Letter(s) and Obligation Report(s)
Attachment B Program Statutes and Regulations
Attachment C Lobbying Prohibition/Certification
Attachment D Statement of Assurances
Attachment E Request for Advance or Reimbursement
Attachment F Quarterly Report Form
• (18) FUNDING /CONSIDERATION
(a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed
quarterly for costs incurred in the satisfactory performance of work hereunder in
an amount not to exceed the amounts listed in Attachment A, subject to the
availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(14),
FS. The amount which may be advanced may not exceed the expected cash needs
of the Recipient within the first three (3) months, based upon the funds being
equally disbursed throughout the contract term. For a federally funded contract,
any advance payment is also subject to 44 CFR Part 13, Federal OMB Circulars,
A -87 and the Cash Management Improvement Act of 1990. If an advance
payment is requested, the budget data on which the request is based and a
justification statement shall be submitted to the Department contract manager
using Attachment E. Recipient shall specify the amount of advance payment
needed and provide an explanation of the necessity for and proposed use of these
Rinds. All funds shall be deposited in an interest bearing account. Any interest
earned must be promptly, but at least quarterly, remitted to the Department.
(c) All funds shall be requested on forms provided by the Department for that purpose
•
12
DCA Agreement 991IM- M- 10 -60 -15 -003
. Milne of 'requests
which accompany this Agreement.
(19) STANDARD CONDITIONS
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any
modification in accordance with Chapter 216 and Chapter 252.37, FS or the
Florida Constitution.
(b) If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months
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 set forth in the Agreement for completion of the Agreement is
due to events beyond the control of the Recipient.
(c) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre -audit and post -audit thereof.
• (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with Section 112.061, FS.
(e) The Department of Community Affairs reserves the right to unilaterally cancel
this Agreement for refusal by the Recipient to allow public access to all
documents, papers, letters or other material subject to the provisions of Chapter
119, FS, and made or received by the Contractor/ Recipient in conjunction with
the Agreement.
(20) STATE LOBBYING PROHIBITION
No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official
action by the Florida Legislature or any state Department.
Refer to Attachment C for additional terms and provisions relating to lobbying.
(21) LEGAL AUTHORIZATION
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the fiends to be provided under this Agreement and that, if applicable, its
•
13
DCA Agreement 99HM -7 W- 10 -60 -15 -003
Village of Tequesta
governing body has authorized, by resolution or otherwise, the - execution and acceptance
of this Agreement with all covenants and assurances contained herein. The Recipient
also certifies that the undersigned possesses the authority to legally execute and bind
Recipient to the terms of this Agreement.
(22) ASSURANCES
The Recipient shall comply with the Statement of Assurances incorporated as Attachment
D.
(23) SPECIAL CONDITIONS
Failure of the Recipient to comply with the program statutes and regulations in
Attachments B and D of this Agreement shall be cause for the immediate suspension of
payments or the immediate termination of this Agreement.
•
• 14
DCA Agreement 991-1- 7W- 10 -60 -15 -003
Village of Tequesta
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed by their undersigned officials as duly authorized.
RECIPIENT
BY:
Name and Title:
Date:
Federal Employer I.D.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
Name and Title: Joseph F. Myers, Director, Division of Emergency Management
Date:
•
15
�YO ME lV�.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
LAWTON CHILES JAMES F. MURLEY
Governor September 1, 1998 Secretary
Mr. Allan Oslund, Coordinator
Stormwater Utility and Capital Projects
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469 -0273
Dear Mr. Oslund:
The Department of Community Affairs is pleased to inform you that the Federal Emergency
Management Agency (FEMA) has awarded fiends for the Hazard Mitigation Grant Program
(HMGP) project number 1074 -0003 (Dover Ditch stormwater improvement project). The total
eligible amount approved for the project is S 95,000 with a federal share of 571,250 and a state
• match of S 23,750. In addition, up to S 2,850 in subgrantee administrative funds have been awarded
for this project.
Furthermore, four copies of the proposed agreement modification between the Village of
Tequesta and the Department of Community Affairs are enclosed. The official representative of the
Village will need to sign and return all four copies of the agreement to the department for full
execution. We will return one fully executed copy to the Village for its files. Should you have
questions regarding the agreement, please contact Gustavius Smith, Planner IV, at (850) 922 -5629
or Kathleen Marshall, Planning Manager, at (850) 922 -5944.
Sincerely,
Joseph F. Myers Director
Division of Emergency Management
JFM:jhp
Enclosures
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:// v % vw.stite.fl.us/comaff /dca.htmi
FLORIDA KEYS CREE.N S'WX%AP SOUTH FLORIDA RECOVERY OFFICE
�.-u of Cncal State Concem Field Office kea of CrEt:ca1 State Concern Field OFrce P.O. Box ,022
279i O.rseas High. y, Suite 212 1 S East Sumrerlin 8600 N.W. 366 5!•ee!
aa'ltcn, Flwda 33050.2227 8aaow, Flcrlda 31330 -4641 ASami, Florida 33159.4022
• HMGP Project 1074 -0003
Village of Tequesta
Dover Ditch Stormwater Improvement Project
Approved Scope of Work:
The Village of Tequesta will improve two existing stormwater drainage systems by purchasing
1,640 linear feet of 48 -inch reinforced concrete pipe (RCP). The Village will install 1,500 feet of
RCP on the north side of Tequesta Drive, in a dredged and back - filled trench, from Seabrook
Road to Norfolk Avenue and install two 70 -foot lengths of RCP under Tequesta Drive. The
installed RCP will connect the Dover Ditch drainage system with the Tequesta Drive drainage
system. The project includes the grading of one -foot deep stormwater- collection swales over the
buried RCP and the construction of 17 raised inlets in the swales to feed the installed RCP. The
project will reduce flood elevations in the project area. The Village will obtain all the necessary
deeds and easements for the project and maintain the completed facilities. The Hazard
Mitigation Grant was applied for to provide funds for the 1,640 feet of 48 -inch RCP.
Conditions:
The following conditions must be met as part of this project. Failure to comply with all of these
• conditions may jeopardize FEMA funding for this project.
1. The Village will obtain all necessary federal, state, and local permits before starting
construction, and will meet all requirements of these permits.
2. The Village will obtain a Florida Department of Environmental Protection Stormwater
Discharge Permit and meet all requirements of the permit.
I The Village will obtain a Surface Water Management Permit and meet all requirements
of this permit.
4. The Village will meet all requirements of their Environmental Resource Permit from the
South Florida Water Management District.
5. The Village will provide public notice for all final design plans, with at least ten working
days for public review and comment, and will send copies of all public comments to
FEMA Region IV for further consideration.
6. The applicant will use suitable erosion and sediment control measures during project
construction.
• 7. Construction will stop immediately upon discovery of archeological or historical artifacts
A -2
. 1074 -0003
Village of Tequesta
in or in the immediate vicinity of the work site. Construction will be suspended in the
affected area until the satisfactory completion of further coordination with the State
Historic Preservation Office (SHPO).
S. The project's construction and operation activities must meet specified water quality
criteria for the stormwater drainage system's out -fall because of the Loxahatchee River's
classification as a Class II Water Body, an Aquatic Preserve, and an Outstanding Florida
Water. The anti - degradation criteria of Chapter 62 -4, F.A.C., must be met in addition to
specific criteria that pertain to the Loxahatchee Aquatic Preserve.
9. The project's construction activities must abide by the Standard Manatee Construction
Conditions.
10. The Nationwide permit verification is specifically conditioned by the State of Florida
with the following language, "Projects qualifying for this nationwide permit must be
individually reviewed by the State of Florida and receive water quality certification and
coastal zone consistency as well as any authorization required for the use of submerged
lands."
•
Funding Summary
Total Eligible Amount S90,000
Federal Share $ 67,500
State Share S23,750
Subgrantee Administrative Allowance up to $ 2,850
3
A -3
C GY M.1 h
�= Federal Emergency Management Agency
ReglonlV
}�+ 3003 Chamblee- TuckerRd
j 1
�= Atlanta, GA 3031
Yo O
August 174 1.998.._..
Mr. Joseph F. Myers, Director
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Dear Mr. Myers:
The Hazard Mitigation Grant Program (HMGP) project number
1074 -0003 for the City of Tequesta has been approved for a
total net eligible. project cost of $95,000 and a Federal
share of $71,250. Grantee administrative expenses of $741
and Subgrantee administrative expenses of $2,850 are
included in the total obligation of $74,851.
Enclosed please find copies of the following items for your
project file:
1. ADAMS HMGP Project Application Report;
2. Categorical Exclusion Memorandum
(or EA Fri a Finding of No Si gnifi cant Impact) ;
3. Allocation Request; and
4. Obligation Report.
All funds are available for [ %i thdrawal from Smartlink on
subaccount number 944107473. If you have any questions,
please contact David C. Thomas at (770) 220 -5376.
Sincerely,
Clayton E. Saucier, Chief
Hazard Identification and
Risk Assessment Branch
Mitigation Division
Enclosures
A -4
)ATE: 08/17/93 FEDERAL EMERGENCY M_aVAGE' 7: AGENCY REPORT #b 06 PAGE 1
'IM 03:02PM SC.`MARY PRO<7EC"i A?PLICATION DISASTER NO. 1074
7 INAL CLAIM DATE(DIS.): FAZA2D MITIGATION GR = PROGRA`^. PROJECT NO. 0003
FINAL CLAIM DATE(PROJ.):
PART I - MITIGATION PROJECT DESCRIPTION
IPS CODE: 099 -71525 COUNTY: PA7—M BEACH
UBG?A:CTE3 NA0 TEQfT'STA REGION: 04
STATE: FL
ROJECT TITLE: STOR%fnATER IYPROVEME ?.1 PROJECT
ROJECT LOCATION: VILLAGE OF TEQUESTA - DOVER DITCH
ROJECT DESCRIPTION: CONSTRUCTION OF P. STORM DRAIN INTERCONNECT BETWEEN THE DOVER DITCH OUSFALL
AND THE TEQUEST DRIVE OUTFALL AT THE INTERSECTION OF SEABROOK DRIVE A-\D
TEQUESTA DRIVE. THIS IhiERCONNECT WILL DIVERT DRAINAGE FROM THE DOVER DITCH
WHICH IS OVER CAPACITY AM THEREFORE REDUCE THE RISK OF FLOODING.
PROJECT COST ESTIK%TE:
MAINTENANCE OF TRAFFIC $2,500
48 -IN RCP $80
DRAINAGE STRUCTURES $5,000
UTILITY RELOCATION $5,000
SEED /MJLCH /SOD $1,500
TOTAL $95,000 / $71,250 FEDERl S' 7 -
PART II - ELIGIBILITY AN"D FUNDING ACTIVITY
,OJECT ELIGIBILITY: Y
ACTH COST A -M0UN1 P. {OU:T (TO BE) !;FED SUPP 4SET ASIDE OBLIG ENTERED
ELIG ESTIMATE ELIGIBLE SET PSIDE OBLIGATED St=RE NO. / ELIGIBLE DATE DA
Y 95,000 95,000 71,250 71,250 75.0 18 75.0 07/16/93 07/20/98
P RT III - PROJECT SCHEDULE
LESTO::ES / PROJECT SCHEDULE Dlia DATE REVISED DATE COX_LETION DATE
OJECT COMPLETION DATE:
PA.R IV - b!ITIGATION PROJECT STATUS
P LY
PORT DATE STATUS COS: CODE & DESCR. COP ?LNTS
A -5
)ATE: 08/17/96 FEDERAL EMERGENCY VA-NAGE�IENT AGENCY REPORT k 06 PAGE 2
'IM?: 03:02PM Su7^'1RY PROJECT APPLICATION DISASTER NO. 1074
7 INAL CLAIM DATE(DIS.): FAZARD MITIGATION GRA_- PROGRAM! PROJECT NO. 0003
•
:0"•_NiS TO PROJECT: 11/26/96 - Initial entry of fO GP application received or. 11119196 by letter
dated 1115196.
05/22/97 - Engineering review completed on this date.
06/30/96 - As a resat of comleting an Environmental Assessment, a Finding
of No Significant Impact (FONSI) was conditionally approved on this date.
Project specific conditions of the FONSI will be identified in the approval
letter.
06/30/93 CURN ACTH 0 - Project was determined to be cost - effective and is
herein approved for funding.
0-_:?NTS TO SUBGR�';TEE:
0I•.E'TTS TO GRANTEE:
•
•
A -6
3: 07/02/98
3: C1:21PM PAGE: 1
FEDER? EMERGENCY MAWGE 1E \T AGENCY
Y.AZAB.D MITIGATION GRA. \T PROGRAM
ALLOCATION REQUEST REPORT
DISASTER NO.: 1074
?LEMENP NJMBER: 18
CODE: 099 -71525 TEQUESTA
- RCT ACTION PROJECT PROJ AMT FED Sc'.A.RE AMOUNT TO BE 4 FED
ELIG COST EST ELIGIBLE SET ASIDE ALLOCAT2D SH.kRE
0 Y 95,000 95,000 71,250 71,250 75.0
PROJECT TITLE: STOR :IWATER I`iPROVSMENT PROJECT
ID 099 -71525
PROD 55,000 95,000 71,250 71,250 75.0
MGMT
3GR. ADMIN 2,850
W RO ??L 5: E:.T
J 95,000 95,000 71,250 71,250 75.0
MG-1 1 "T
,22 AD 1I:; 741
!GR. ADMIIN 2,850
TOTAL 95,C00 95,000• 71,250 74,E41
ALLO(2:TION A -'.OU` i : 74,P41
_ATION REQUEST DATE: 07/02/98
)`.ED BY:
•
A -7
REPORT 9 CS
IZ Oa :25AM
FEDS?AL EMERGENCY ;,ST
I'LkZ;.n M:TIGATIC.': G?ANT PRQG?;
• CBLIGATION P-TPORT, SUPPLEMENT NUMBER is
DISASTER No.: 1074
,IGATION DATE: 07/16/93 ;2kloulll
ELiGIBLE OBLIGATED P-DX.
Is COOT- ;.?PLICANT ITAXT- 100 % cosT
-71525 TE:QU-- C - cjC:D 95 71,250 2,950
DISASTER NO.: 1074
FIPS COD- coo-c000s
SUPPLEMENT NUMBER: IP
PROJ OBLIGATZD: 71,250
ST MG:.I.T 02LIGA.TZD:
GR.4IIT ADMIN: 741
SUBI-R-ANTEE 2,
OBLIGATED: 74,841
IEN'TS:
�� ^
BY:
PT-O*-�z*j: VINA.SvR
7
0 LBU GATED lFWS'
DATE Z ��5
I N'ITIALS
A-8
65/36/15'33 16:31 77622654 FEhIA P,4 Mi HYP.A PA 05
•
Federal e
a Em Management Agency
Region IV Mitigation Division
3003 Chamblee - Tucker Road
Atlanta GA�0341
. J
Fllti'D ING OF NO SIGNIFICANT IMPACT (FONSI)
1 AZ ARD MITIGATION PROJECT
VILLAGE OF TEQTJESTA, PALM BEACH COUNTY, FLORIDA
HGMP #1074 -0003
Background
The Village of Tequesta, Palm Beach County, Florida (Vi]la5e) will improve two existing storm
water drainage systerns by purchasing 1,640 linear feet of 48 -inch reinforced concrete pipe
(RCP). The Village will install 1,500 feet of RCP on the north side of Tequesta Drive, iii a
• dredged and back- filled trench from Seabrook Road to Norfolk Avenue an.d install two 70 - foot
lengths of RCP under Tequesta Drive. The installed RCP will connect the Dover Ditch drainage
system with the Tequesta Drive drainage system. The project includes the grading of one -foQt
deep stormwater- collection swales over the buried RCP acid the constriction of 17 raised inlets in
the swales to feed the installed RCP. The project will reduce flood elevations in the project area-
The Village will obtain all the necessary deeds and easements for the project and maintain the
completed facilities. The Village plans additional improvements to the existin storm - water
draisiage system not included in the 14NIC3P project. The additional improvements include the
replacement of 1,054 feet Qf 30 -inch Reinforced Concrete Pipe (RCP) from the Tequesta Drive
Gutfall, at the Nest End of Tequesta Drive, to the East Side of Norfolk Avenue tivith 48 -inch
RCP.
The Villa ,ge applied for Federal Emergency Management Agency (FEMA) Hazard Mitigation
Cimzit Program (HMGP) partial funding to purchase 1 feet of 48 -inch RCP for the project.
FENIA prepared an Environmental Assessment (EA) of the affects the considered alternatives
Would hay e on the human environment as required by the National Environmental Policy Act
(NTFPA). The EA contains information obtained from the Village's 1LMGP application, an
on -site inspection, and consultation responses from interested State and Federal agencies.
Findings
FF_tiIA trade the following determinations from information and conclusions in the EA:
The project complies vrith all applicable cultural preservation laws and all applicable Federal and
State protected species laws.
66!36/1998 16:31 77022054 FEMA R4 W HIRA PAGE 06
FONSI • '
V111380 of Tequesta, Palm Beach County, Florida
HMGP #1074 -OW3
Pago 2 of 4
The project complies with 44 CFR § 10 (FEMA NEPA Regulations), Executive Order (EO)
11985 (Floodplains) and LO 11990 (Wetlands).
The Village has a South Florida Water Management District (SFWMD) Environmental Resource
Permit for the Modification of a'Surface Water Management System. The SFWNID permit
waived the requitement for State Water Quality Certification. The project's construction and
operation activities must meet specified water quality criteria for the stormwater drainage
system's outfall because of the Loxahatchee River's classification as a Class H Water Body, an
Aquatic Preserve, and an Outstanding Florida Water.
The project complies with all applicable federal and state protected species statutes.
The project meets the consistency requirements of the Florida Coastal Management Program
(Coastal Zone Management Act, 16 U.S.C., Section 1451 et seq).
The project complies v ith all applicable cultural reSOuf06 Statutes.
The project will not adversely impact on low income or minority populations and complies with
EO 12898 (Environmental Justice).
Public Notice regarding this project vras published in the Palm Beach Post and the Villa e of
Tenuesta Smoke Si--
als (per telephone conversation, Kevin Caughman 5/29198).
Conditions
The following conditions must be met as part of this project. Failure to comply v. th all of these
conditions may jeopardize FEMA funding for this project:
1. The Village NNU obtain all necessary federal, state, and local permits before starting
: ,zi3nction, and will meet all requirements of these permits.
2. The Village will obtain a Florida Department of Environmental Protection Stormwater
Discharge Permit and meet all requirements of the permit.
3. The Village will obtain a Surface Water Management Permit and meet all requirements of this
permit.
4. The Village will meet all requirements of their Environmental Resource Permit from the South
Florida Water Management District.
A -10
e6/30/159a 16:31 77022054 FEMA P.4 MT HIRA PAGE 07
Village of Tequesta, Palm Beach County, Florida
Y-1hfGP #1074 -0003
Page 3 of
5. The Village will provide public notice for all final design plans, with at least ten working days
for public review and comment, and will Send copies of a11 public comments to T�EMA Region
IV for further consideration.
6. The applicant Swill use suitable erosion and sediment control measures during project
construction.
7. Construction will stop immediately upon discovery of archeological or historical artifacts in or
in the immediate vicinity of the work site. Construction will be suspended in the affected area
until satisfactory completion of further coordination with SHPO.
S. The project's construction and operation activities must meet specified water quality criteria
for the stormwater drainage system's out -fall because of the Loxahatchee Ri
classification as a Class H Water Body, an Aquatic Preserve, and an Outstanding Florida
Water. The anti - degradation criteria of Chapter 62-4, F.A-C. must be met in addition to
specific criteria that pertain to the Loxahatchee Aquatic Preserve.
9. project's construction activities must abide by the Standard Manatee Construction
Conditions.
• 10. The Nationwide permit verification is specifically conditioned by the State of Florida with the
following language, "Projects qualifying for this nationwide permit must be individually
reviewed by the State of Florida and receive water quality certification and coastal zone
consistency as well as any authorization required for the use of submerged lands."
Conclusions
The actions identified in this project application have been reviewed, and to the best of our
krio do rot ha`•e potential for signif cant cumulative effects when the proposed action is
combined with other past, present and reasonably foreseeable future actions in accordance with
44 CFR Part 10.8(d)(3)(x).
FEMA IL%IGP funding of this hazard mitigation project will benefit the Village by reducing flood
response costs and improving access for project -area residents. FF has determined, based on
the Et, that the proposed project qualifies as a major Federal action that will not significantly
,affect the quality of the human environment. Therefore, FEMA has made a Finding of No
Significant Impact (FONSI) and Mf not prepare an Environmental Impact Statement (44 CFR §
A -11
0�l3fl(1998 16:31 7702205:, FEMA R4 MT HIR: PAGE 08
Village of Tequesta, Palm Bcach County, Florida '
HMGP #1074 -0003
Page 4 of 4 "
Recommended:
Dawn S. Whiteside Date
Lead Environmental Specialist
Approved:
William R. Straw Date
Regional Environmental Officer
A =12
• DCA Agreement 99M%1- 7w- 10 -60 -15 -003
Village of Tequesta
Attachment B
PROGRAM STATUTES AND REGULATIONS
This parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other
applicable FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long -term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment D of this
Agreement.
•
B -1
DCA Agreement 991 Lv1- M- 10 -60 -15 -003
Village of Tequesta
Attachment C
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 fiends 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 S 10,000 and not more than S 100,000 for each such failure.
RECIPIENT
BY:
Signature
Type Name and Title
C -1
DCA Apeement 11FL 1 -7 W- 10 -60 -15 -003
village of Tequesta
Attachment D
STATEMENT OF ASSURANCES
To the extent the following provisions apply to the award of assistance in this Agreement, as
determined by the awarding agency, the 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 ADMINISTRATIVE officer or designees 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 purpose state 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 os
suspension or termination is received by the Subgrantee may not be funded with fiends
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;
(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
D -1
DCA Agreement 111P 11 -60 -15 -111
Village of Tequesta
on federally assisted contracts be paid wages of not less than one an 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
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;
(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, sec 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 apprenticeship;
(g) The Subgrantee agrees to comply with the Americans With Disabilities Act (Public aw
101 -336, 42 U.S.C. Section 12101 et seq .), where applicable, which prohibits
discrimination by public and private entities on the basis of disability in the areas of
employment, public accommodations, transportation, State and local government
• services, and in telecommunications;
D -2
DCA Agreement 11M1 -7 W- 10 -66 -15 -003
Village of Tequesta
(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 112.3 135, FS;
(i) It will comply with the Anti - Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws
and prescribes penalties for "kickbacks" of wages in federally financed or assisted
construction activities;
(j) It will comply with the provisions of 18 USC 594, 598, 600 -605 (further known as the
Hatch Act) which limits the political activities of employees;
(k) It will comply with the flood insurance purchase and other requirements of the Flood
Disaster Protection Act of 1973 as amended, 42 USC 4002 -4107, including requirements
regarding the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any Federal financial assistance for construction
or acquisition purposes for use in any area having special flood hazards. The phrase
"Federal financial assistance" includes any form of loan, grant, guaranty, insurance
payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or
indirect Federal assistance;
(1) It will require every building or facility (other than a privately owned residential
structure) designed, constructed, or altered with funds provided under this Agreement to
comply with the "Uniform Federal Accessability 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 Office to identify
properties listed in or eligible for inclusion in the National Register of
Historic Places that are subject to adverse effects (see 36 CFR Section
800.8) by the proposed activity; and
(2) Complying with all requirements established by the State to avoid or
mitigate adverse effects upon such properties.
• D -3
DCA Agreement 991 M- 10 -60 -15 -003
Village of Tequesta
(n) It will comply with Title IX of the Education Amendments of 1972, as amended (20
U.S.C.: 1681 -1686) which prohibits discrimination on the basis of sex;
(o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521 -4594) relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;
(p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290
dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse
patient records;
(q) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.)
which prohibits the use of lead based paint in construction of rehabilitation or residential
structures;
(r) It will comply with the Energy Policy and Conservation Act (P.L. 94 -163; 42 U.S.C.
6201 - 6422), and the provisions of the state Energy Conservation Plan adopted pursuant
thereto;
(s) It will comply with the Laboratory Animal Welfare Act of 1966,7 U.S.C. 2131 -2159,
pertaining to the care, handling, and treatment of warm blooded animals held for
research, teaching, or other activities supported by an award of assistance under this
agreement;
(t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42
3601 -3619, as amended, relating to non - discrimination in the sale, rental, or financing of
housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88 - 3 52), which prohibits
discrimination on the basis of race, color or nation origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 -7642;
(v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419 -7626;
(w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531 -1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728 -4763;
(y) It will assist the awarding agency in assuring compliance with the l"'ational Historic
Preservation Act of 1966, as amended, 16 U.S.C. 270;
(z) It will comply with environmental standards which may be prescribed pursuant to the
National Environmental Policy Act of 1969, 42 U.S.C. 4321 -4347;
• D -4
DCA Agreement 99FLIA- M- 10 -60 -15 -003
Village of Tequesta
(aa) It will assist the awarding agency in assuring compliance with the Preservation of
Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
(bb) It will comply with the Rehabilitation act of 1973, Section 504, 29 U.S.C. 794, regarding
non - discrimination;
(cc) It will comply with the environmental standards which may be prescribed pursuant to the
Safe Drinking Water Act of 1974, 42 U.S.C. 300f -300j, regarding the protection of
underground water sources;
(dd) It will comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621 -4638, which
provide for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or federally assisted programs;
(ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271 -1287,
related to protecting components or potential components of the national wild and scenic
rivers system;
(ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738
• (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and
EO 12848 (Environmental Justice);
(gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(hh) It will assure project consistency with the approved State program developed under the
ZD
Coastal Zone Management Act of 1972, 16 U.S.C. 1451 -1464; and
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661 -666.
D -5
DCA Agreement 99I-Lv1- 7W- 10 -60 -15 -003
Village of Tequesta
Attachment E
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
Request for Advance or Reimbursement of
Hazard Mitigation Grant Program Funds
SUBGRANTEENAME: Village ofTequesta DECLARATION No: FEMA -DR- 1074 -DR -FL
ADDRESS:
CITY, STATE, ZIP CODE
PAYMENT No: DCA Agreement No: 99HM- 7W- 10 -60 -15 -003
FEMA Tracking Number: 1074 -0003
Eligible Obligated Obligated Previous Current DCA Use Only
Amount FEMA State Match Payments Request
100% 75% Approved Comments
TOTAL CURRENT REQUEST S
I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were
made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested
for these amounts.
SUBGRANTEE SIGNATURE
NAME AND TITLE DATE:
TO BE COMPLETED BY DEPARTMENT OF CONIML NITY AFFAIRS
APPROVED PROJECT TOTAL
ADMINISTRATIVE COST S GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT
DATE
E -1
DCA Agreement 99F NI-7W- 10 -60 -15 -003
Village of Tequesta
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK THE
HAZARD MITIGATION GRANT PROGRAM
Applicant: Village of Tequesta Disaster No.: 1074
DCA Agreement No.: 99HM- 7W- 10 -60 -15 -003 FEMA Tracking #: 1074 -0003
Applicants Reference No. Date of delivery of DOCUMENTATION Applicant's
(Warrant, Voucher, Clasp articles, completion List Documentation (Applicants payroll, nuterial out of applicant's stock, Eligible Cass
Check, or Schedule No,) of work or applicant owned equipment and name of vendor or contractor) by category and 100
performance services. lint item in the approved project application and give a brief description of the
articles or services.
TOTAL
s
E -2
DCA Agreement 99H,%1- 7W- 10 -60 -15 -003
Village of Tequesta
Attachment F
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
QUARTERLY REPORT FORM
SUBGRANTEE: Village of Tequesta Project Number #: 1074 -0003
PROJECT LOCATION: Dover Ditch DCA ID #: 99HM- 7W- 10- 60- 157003
DISASTER NUMBER: FEMA -DR- 1074 -FL QUARTER ENDING:
Percentage of Work Completed (may be confirmed by state inspectors):
Project Proceeding on Schedule: [ ] Yes [) No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status: [) Cost Unchanged [ ] Under Budget [ ] Over Budget
Additional Comments/Elaboration:
NOTE: Department of Community Affairs (DCA) staff may perform interim inspections and /or audits at any time. Events
may occur between quarterly reports which have significant impact upon your project(s), such as anticipated overruns,
changes in scope of work, etc. Please contact DCA as soon as these conditions become known, otherwise you may be found
non - compliant with your sub -rant award.
Nam 1
Dame and Phone Number of Person Completing This Form n p
F -1.