R99-003RESOLUTION NO. R99-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CiTY CLERK TO EXECUTE DISASTER RELIEF
FUNDING AGREEMENTS BETWEEN THE CITY OF
BOYNTON BEACH AND THE STATE OF FLORIDA,
DEPARTMENT OF COMMUNITY AFFAIRS, FOR THE
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
RESULTING FROM HURRICANE GEORGES; AND
PROVIDING AN EFFECTIVE DATE,
WHEREAS, the serious and imminent threat of Hurricane Georges resulted in
the declaration of a State of Emergency by the Governor; and
WHEREAS, Hurricane Georges and its remnants produced disastrous
weather conditions which had a devastating impact upon Florida; and
WHEREAS, the President of the United States has concurred and has
declared an emergency (FEMA - 3131-EM-FL) for several counties in Florida; and
WHEREAS, FEMA, as a result of that Presidential Declaration, has made
available .federal funds for disaster relief activities; and
NOW, THEREFORE, BE I'T RESOLVED BY THE C'rTY COMMI'SSI'ON OF
THE CI'TY OF BOYNTON BEACH, FLOR.I~DA THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, hereby
authorizes and directs the Mayor and City Clerk to execute a Disaster Relief Funding
Agreement between the City of Boynton Beach and the State of Florida, Department
of Community Affairs, which Agreement is attached hereto and made a part hereof.
Section 2: That this Resolution shall become effective immediately upon
passage.
1999.
PASSED AND ADOPTED this
A-I-FEST:
City~'Clerk
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CITY OF BOYNTON BEACH, FLORIDA
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Cog~iss]oner
Commissioner
DISASTER RELIEF FUNDING AGREEMENT
DCA AGREEMENT NO.
FEMA PROJECT APPLICATION NO. 099-07875
This Agreement is between the State of Florida, Department
of Community Affairs (Grantee) and Bo?nton Beach (Subgrantee). In
support of the Agreement, the parties state:
WHEREAS, the serious and imminent threat of Hurricane
Georges resulted in the declaration of a State of Emergency by
the Governor: and
WHEREAS, Hurricane Georges and its remnants produced
disastrous weather conditions which had a devastating impact upon
Florida; and
WHEREAS, The President of the United States has concurred
and has declared an emergency (FEMA-3131-EM-FL) for several
counties in Florida; and
WHEREAS, the Federal Emergency Management Agency (FEMA), as
a result of the Presidential Declaration, has made available
federal funds for disaster relief activities in FEMA-3131-EM-FL;
and
WHEREAS, the FEMA-State Agreement, defined herein below,
governing the use of those funus, and Chapter 98-46, Laws of
Florida, in specific appropriation 1230, both require State and
local governments and eligible private non-profits to share in
the total costs eligible for federal assistance; and
WHEREAS, Sections 252.35, 252.36, 252.37, and 252.38,
Florida Statutes, authorize the relationship described herein.
NOW THEREFORE, the parties agree as follows:
1. DEFINITIONS: unless otherwise indicated, the following
terms shall be defined as stated herein.
a~ "Eligible emergency assistance 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");
and Title 44 CFR, Part '206~ and applicable Federal Emergency
Managemen~ Agency or State guidance documents.
b. "FEMA-State Agreement" shall mean that agreement
between FEMA and the State of Florida, for the Hurricane Georges
Emergency Declaration, FEMA-3!3!-EM-FL and all modifications
thereto.
c. "Emergency Assistance" shall be defined as that
assistance authorized in Title V of the Stafford Act and 44 CFR
206 subpart C.
d. "Project" shall be defined as stated in 44 CFR
206.201(i).
e. "Large Project" and "Small Project" shall be defined
as indicated in 44 CFR 206.203(c).
f. "Permanent Work" shall be defined as in 44 CFR
206.201(g).
g. "Emergency Work" shall be defined as in 44 CFR
206.201(b).
2. APPLICABLE STATUTES, RULES and AGREEMENTS: The parties
agree to be bound by all terms of the FEMA-State Agreement and
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all applicable s%ate 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 (100% for
eligible emergency assistance provided during a FEMA specified
72-hour period, and 75% for all other eligible emergency and
debris removal work) of those costs. Contingent upon an
appropriation by the Florida Legislature, the Grantee agrees to
provide one-half of any non-Federal share (12~% 9f total eligible
costs outside any FEMA specified 72-hour emergency period). 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 (!2~% of total eligible costs outside any FEM~
specified 72-hour emergency period).
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.
Permanent Work is not eligible for reimbursement under this
Agreement.
4. DUPLICATION 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 ~uplicate 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
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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 ENVIRONMENTAL, 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. ~he 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
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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.
Sub~rantee 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. REQUIRED 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 rep6rts, 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
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 wasperformed 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 98-46, Laws of Florida, Specific Appropriation 1230.
PW(s) document the total eligible costs and the total Federal
share (75%, or 100% for eligible emergency assistance provided
during a FEMA specified 72-hour period) of those costs. The
Grantee agrees to provide one-half of the non-Federal, share (t2~%
of total eligible costs outside the FEMA specified 72-hour/100%
period). As a condition o~ receipt of this funding, the
Subgrantee similarly agrees to provide one-half of the non-
Federal share (12~% of total eligible costs outside the FEMA
specified 72-hour/100% period). 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. PAYMENT OF CLAIMS:
a. SMALL PROJECTS: The Grantee shall make payment' to
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 %, 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. ADVANCES: 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
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(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 reimbursement basis.
Subgrantees shall promptly, but at least quarterly, remit
interest earned on advances (if any) to the Grantee for remittance
to FEMA.
d. WIT~OLD!NG OF FUNDS: The Grantee may, in'its sole
discretion, withhold a percentage of funding (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 determinations by FEMA regarding previously
authorized or disbursed grant funds.
9. FINAL PAYMENT: The final payment will be made only after
project completion, submission of all required documentation,
final inspection (Large Projects), review of P.4 Project Listing
and/or inspection (Small Projects), and a request for final
reimbursement.
10. RECORDS MAINTENANCE: The Subgrantee agrees to maintain
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 FEM,, its employees
and agents.
ll. RECOVERY OF FIYNDS: 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.
!2. ~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 Organizations, Programs, Activities and
Functions, and generally accepted auditing standards established by
the American Institute of Certified Public Accountants. The aqreement
number of this qrant must be identified with the audit submitted.
Such audit shall also comply with the requirements of Sections !1.45,
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 !984, as amended, 31 USC 7501 through 7507, and
OMB Circular A-133, as revised June 24, 1997, or thereafter. If the
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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 adoptedpursuant
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 reliabil%ty 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.
13. NONCOMPLIANCE: If the Subgrantee violates any of the
conditions of disaster relief assistance under the Robert T.
Stafford Act of 1988, Pubi~c 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
11
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 2'06.tl. 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 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. TIME FOR PERFORFiA/~CE: All activities funded under this
Agreement shall be timely performed and completed. In accordance
12
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 work is not
authorized under this Agreement. 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 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 contra~t. 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 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 fo~ 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
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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 warran5s 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. S~bgrantee further 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 circums=ances 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
15
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.
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.
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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
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
~mployment 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
17
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 wish
a public entity for the construction or repair of.a public building
or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with a
public entity, and may not transact business with any public entity
in excess of Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
22. TERM: This'Agreement shall begin upon the date last signed
and shall end upon receipt of official closing documentation from
FEMA un!ess 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
work shall be completed within six months of the date of the
Emergency declaration (September 25, 1998) or prior to such deadline
as established by the GAR or 'the FEMA, whichever is later.
23. NOTICE AND CONTACT: All notices under this Agreement shall
be in writing, delivered either by hand delivery or certified mail
to the representative and address below:
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FOR TEE GRANTEE:
Joseph F. Myers, GAR
State Public Assistance
2555 Shumard Oak Blvd
Ta!lahassee, Florida 32399-2100
FOR THE SUBGR3uNTEE:
24. DEFAULT~ 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 Agreemenc or any previous agreement with the
Grantee and has not cured suc~ in timely fashion, or is unabte 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
19
adverse change within thirty (30) days from the time the date wri~zen
notice is sent by the Grantee;
3. If any reports required by this Agreement have 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 remediesw 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
20
but not be limited to, requesting additional information from the
Sub~rantee 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
Subgrantee_ to suspend, discontinue or refrain from incurring costs for any
activities inquestion or requiring the Subgrantee to reimburse the Grantee
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 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 !20, F__S, as amended. Notification of. suspension or
termination shall include notice of administrative hearing rights and time
frames. However, any deoblig~tion of funds or any other determination made
by FE~A shall be addressed as provided in 44 CFR 206.206.
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
21
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 Subgran~ee is
determined. In the event the FEMA deobligates funds previously authorized
under this Agreemenzt or under any other FE¥~ 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.
(25) 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
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Program Statutes and Regulations
Lobbying Prohibition/'Cert i ficat ion
Statement of Assurances
Request for Advance or Reimbursement
Summary of Documentation
Florida Public Assistance Quarterly
Report
Quarterly Report Schedule and
Instructions
22
26. DESIGNATED AGENT: The Subgrantee hereby authorizes:
~,~ l%~e~ as its primary designated agent, and ~, ~ ~4W,~
as its alternate designated agent, to
execute Requests for Reimbursement, necessary certifications, and other
supplementary documentation.
IN WITNESS HEREOF, the Grantee
Agreement;
FOR THE SUBGP~ANTEE:
(Signature
(Print or Type Name)
Date:
(Title)
and Subgrantee have executed this
FOR THE GRANTEE:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
By:
(Signature)
JoseDh F. Myers
(Print or Type Name)
Governor~ s Authorized Representative
Date:
Subgrantee's Federal
Federal Domestic Assistance # 83.544
Employer Identification No.
23
ATTAC~IMENT A
PROGRAM STATUTES AND REGULATIONS
The parties to this Agreement and the Public Assistance and Fire
Suppression Grant Programs are generallz 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)
Ail applicable laws and regulations delineated in
Attachment C of this Agreement.
A-1
ATTACFJZEA~ C
STATEMENT OF ASSUR3%NCES
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 adooted or passed as an official acc
a resolution, motion or similar action authorizing the execusion
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)
Ail 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 S~bgrantee
for eligible contrac~ 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 wi~h 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;
(e) It will comply with:
(i)
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
C - 1
(f)
in excess of forty hours in awo~k~ week; and
(2)
Federal Fair Labor Standards Act, 29 U.S.C. Section 201
et seq., requiring that covered employees be paid az
least the minimum prescribed wage, and also that they
be paid one and one-half times their basic wage rates
for all hours worked in excess of the prescribed work-
week.
It will comply with:
(i)
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;
(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 2ederal or
federally assisted construction contracts; affirmative
action to insure fair treatment in employment,
upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff/termination, rates of
pay or other forms of compensation; and election for
training and apprenticeship;
The Subgrantee agrees to comply with the Americans With
Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et
seQ.), where applicable, which prohibits discrimination by public
C 2
~ (h)
(j)
(k)
and private entities on the basis of disability in the areas ef
employment, public accommodations, transportation, State and
local government services, and in telecommunications;
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 112.3!3 and section 112.3135, FS ;
it will comply with the Anti-kickback Act of !986, 41 U.S.C.
Section 51 which Outlaws and prescribes penalties for "k~ ~
~ ~-c~backs"
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 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 zn 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 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 co
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 (i6 U.S.C. 469a-!, et seq.) by:
(i)
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
C-3
(2)
~Ccmp!yin~ with all requirements established by the State to
avoid or mitigate adverse effecss upon such propernies.
(3)
(4)
(5)
~iding 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.
When any of Subgrantee's projects funded under this
Agreement may affect a historic property, as defined in 36
CFR 800.(2) (e), the FEM~ 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 and Guidelines for
Rehabilitating Eistoric 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.
Subgrantee agrees to notify FEM_A and the Department if any
project funded under this Agreement will involve ground
disturbing activities, including, but non 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.
FE¥~ 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 archeologica! data from the property. If
Subgrantee is unable to avoid the archeological property,
C-4
(n)
(o)
develop, in consultation with the SHPO, a treanment 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 FEM,, the SHPO and the Council for review. If the
SHPO and the Council do no object within 15 calendar days of
receipt of the treatment plan, FEMA may direcn Subgrantee to
implemen5 the ~reanment plan. If either the Council or the
SHPO object, Subgrantee shall not proceed with the project
until the objection is resolved.
(6)
Subgrantee shall notify the Department and FE~A 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 minimiz~ harm to such property until FEIMA
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 AEqPA, Subgrantee intentionally and ~ignificantly
adversely affects a historic property, or having the legal
power to prevent it, allowed such significant adverse affect
tO occur.
It will comply with Title IX of the Education Amendments of 1972,
as amended (20 U.S.C.: 1681-1683 and !685-1686) which prohibits
discrimination on the basis of sex;
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-5
(p)
(q)
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;
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 2!31-2159;
(t)
It will comply with the Civil Rights Act of !968, 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)
(x)
It will comply wi~h the Davis-Bacon Act, 40 USC 276a;
It will comply with the Endangered ~pecies 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 cf
1966, 16 USC 270;
(aa) It will comply with tha National Environmental Policy Act of
1969, 42 USC 4321-4347;
(bb) It will comply with the.Preservation of Archeotogical and
Historical'Data Act of 1966, i6 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;
(fl) ~t will comply with the Wild and Scenic Rivers Act of 1968, 16
USC 1271-1287; and
C-6
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).
(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, i6
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 mak~ 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, ticences
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 connractors work.
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.
C-7
!0. Comply with mandatory szandards an~ policies relating to
energy efficiency which are contained in the Sta~e energy
conservation plan issued in compliance with the Ener_cy
Policy and Conservation Act ( Public Law 94 -i6.3).
!1. 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. Enviror~nental
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-8
SUBGRANTEE NAME:
ATTACH.MENT D
FLOR. IDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
Request for Advance or Reimbursement for
Public Assistance Funds
DEC NO: FEMA-
ADDRESS: PA ID NO:
-FI,
PAYMENT NO: DCA AGREEMENT NO:
DSR DCA USE ONLY
ELIGIBLE PREVIOUS CURRENT
AMOUNT PAYMENTS REQUEST APPROVED
FOR PAYMENT COMMENTS
DSR#
CATEGORY.
% COMPLETE
DSR#
CATEGORY
% COMPLETE
DSR#
CATEGORY
% COMPLETE
I DSR#
CATEGORY
% COMPLETE
DSR# '
CATEGORY
% COMPLETE
TOTAL CURRENT REQUEST $
I certify that tho the best of my 'kno~vledge and belief thc above account~ arc correct and that all disbur~cmen~ were made in accordance ~th all
condition~ of the DCA agreement and payment is due and ha~ not been previously requested for these amoun, ta.
H
SUBGRANTEE SIGNATURE
NAME AND TITLE
DATE:
TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS (DCA)
APPROVED FOR PAYMENT
ADMINISTRATIVE COST
TOTAL PAYMEI~IT
GOVERNOR'S AUTHORIZED REPRESENTATIVE
DATE
D-1
PAGE OF
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK
PAGES
Applicant Disaster No.
FEMA- 1249 -DR-FL
FEMA-3131 -EM-FL
DCA Agreement No. PA ID No. DSR No.
ApplicanI's Reference No. Dclivary Date of DOCUMEN'rAT~ON Amounts
(Warrant. Voucher, Claim articles or List Documentation (Applicant's payroll, material out of applicant's stock, Applicant' £tigibl¢ '
or Schedule No.) pcrformanca scradces, applicant owned equipment and name of vendor or conu'actor) by category and Costs
linc item in ~hc approved project application and give a bricf description of aha
~ articles or sarviccs.
TOTAL
GRAND TOTAL - PAGES OF PAGES
separate form will be prepared for each DSR.
E-1
ATTACHMENT G
FLORIDA DEPAItTMENT OF COBfMUNITY AFFAIRS
DI~,rlSION OF EMERGENCY 5L4aNAGEMENT
QUA_RTEP~LY IIEPOttT SCHEDULE AND INSTRUCTIONS
Quarterly Progress Reports are required by thc Disaster Funding Agreements fcr all subgrantees m~til ali
their Damage Survey Repo~ 0DSR) projects are completed. Subgrantee report'_, are re,dewed by the Grants
Manager, then consolidated by disaster event (declar. ation number) and fonvarded to FEMA R. egion [IV as
rcquh'ed by the FEM.ATState Agreement for each disaster. The Slate reports arc duc 'to FEMA Region Ix,.' lhh-,a-
(30) days after thc end of th, reporting quarter. Reporting quarters ,-xnd submission dates ~,re listed bclov,-
for your informaiion a:t~d compliance.
QUAIITEtlS
DUE TO STATE BY
STATE SUBhflSSION TO ]FEMA
JanuaD'-M arch
April 15'~ (or 1't work da}, ~fter)
Not Later Than - April 30
April-Jun e
Jnly 15'~ (or 1" work day after)
Not Later Than - July
July-S ep femb er
October 15"' (or 1't work da)' :after)
Not Later Than - October
O ctob er-D e cemb er
Januar).' 15"' (or 1~ work day after)
Not Lalcr Than - January 31"
Subgrantces involved in their "first" or a "new" dis,~ster grant 'will be ,-advised of the date rcc/uircd
for lhe submission of their tirst Quarterly Repot! for thai disaster. All subsequent Quarterly Iici)crt
submissions will follow the schedule outtincd above.
Subgrantecs involved in more than one open disaster grant must sul)mit separate reports for each
disaster lhat has outslanding DSR projects. Please be mvare, 'the Depar.tment will withhold payment of
an',' disaster funds due if the reportis no! snbmitted on time.
Subgr,'mtees should contact their Grm~t M,'mager for guidance in preparing 'their "first" Quarterly
Progress Report for an)' disaster. If you have an): questions, contact your specific Gr~,.nt Manager.
G-t
ATTACP-~M. ENT B
LOBBYING PROHIBITION
The undersigned certifies, to the best of his cr her knowledge
and belief, that:
(a)
(b)
(c)
Kc Federal appropriated funds have been paid or will be
paid, by cr on behalf of the undersigned, :o any person
for influencing cr 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
en~ ring into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
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.
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 $iQ0,000~for each such failure.
By: / GERALD TAYLOR, MAYOR
Sig~atu_e' ~/ TYPed Name and Title
B - 1