R10-165
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1 RESOLUTION NO. RIO - I ft:,'E)
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, ACCEPTING AND AUTHORIZING THE CITY
5 MANAGER TO EXECUTE A FEDERALLY FUNDED
6 SUBGRANT AGREEMENT BETWEEN THE CITY OF
7 BOYNTON BEACH AND THE STATE OF FLORIDA,
8 DIVISION OF EMERGENCY MANAGEMENT FOR A
9 GRANT IN THE AMOUNT OF $30,022.50 TO CONTRACT
10 FOR THE PREP ARA TION OF A FLOOD PLAIN
11 MANAGEMENT PLAN; AND PROVIDING AN EFFECTIVE
12 DATE.
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14 WHEREAS, the City of Boynton Beach has been awarded a $30,022.50 federally
15 funded grant from the State of Florida Division of Emergency Management to provide funds
16 to contract for the preparation of a Flood Plain Management Plan for the City; and
17 WHEREAS, the acceptance of this grant and execution of the Federally Funded
18 Subgrant Agreement will allow Boynton Beach to draft a Flood Plain Management plan that
19 could enable the City to improve its Community Rating System (CRS) leading to an
20 additional 5% discount on flood insurance for residents within the special flood hazard areas
21 of the City; and
22 WHERAS, the plan will also allow the City to better assess hazards and implement
23 action plans to best mitigate the identified hazards.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission of the City of Boynton Beach hereby accepts and
s \CA\RESO\Reso - Accept Emergency Management Grant 20 I O.doc
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1 authorizes the City Manager to execute a Federally Funded Subgrant Agreement between the
2 City of Boynton Beach and the State of Florida Division of Emergency Management providing
3 for funds in the amount of $30,022.50 to assist the City in contracting for the preparation of a
4 Flood Plain Management plan, a copy of which Agreement is attached hereto as Exhibit "A".
5 Section 3. This Resolution shall become effective immediately upon passage.
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6 PASSED AND ADOPTED this ~ day of November, 2010.
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25 ATTEST:
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2 t M. Prainito, MMC
3 ty Clerk
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S \CA\RESO\Reso - Accept Emergency Management Grant 2010.doc
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Contract Number: 11-FM-4P-1 0-60-02-
CFDA Number: 97.029
FEMA No.: FMA-Pl-04-Fl-2010-005
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and, the City of
Boynton Beach (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution and shall end September 30, 2013, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal OMB Circulars:
States, local governments, and Indian Tribes follow:
. A-a7 for Cost Principles, Relocated to 2 CFR, Part 225
. A-102 for Administrative Requirements, and
. A-133 for Audit Requirements
Educational Institutions (even if part of a State of local government) follow:
. A-21 for Cost Principles, Relocated to 2 CFR, Part 220
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. A-110 for administrative requirements, Relocated to 2 CFR. Part 215, and
. A-133 for audit requirements
Non-Profit Organizations follow:
. A-122 for Cost Principles, Relocated to 2 CFR , Part 230 (362k(
. A-110 for Administrative requirements, Relocated to 2 CFR, Part 215, and
. A-133 for Audit requirements
If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the
Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business
hours of a:oo a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
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(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall
ordinarily mean normal business hours of a:oo a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows
the Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including
Federal resources received from the Division. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMB Circular A-133, as revised.
An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB
Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the
Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB
Circular A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non-Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d),
OMB Circular A-133, as revised, by or on behalf of the Recipient to:
The Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.usl
and
Division of Emergency Management
Bureau of Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by
submission online at:
http://harvester.census. QOV Ifacl collectlddei ndex. htm I
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And to any other Federal agencies and pass-through entities in accordance with Sections 320 (e) and (f
OMB Circular A-133, as revised.
(f) Pursuant to Section .320 (f). OMB Circular A-133, as revised, the Recipient shall send
a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.usl
and
Division of Emergency Management
Bureau of Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General.
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance.
(j) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The
audit must be received by the Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
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(c) The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports and information identified in
Attachment F.
(a) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above,
monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope
audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division or the
Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to
comply with any additional instructions provided by the Division or the Department to the Recipient
regarding such audit. The Recipient further agrees to comply and cooperate with any inspections,
reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General. In addition, the Division will monitor the performance and financial management by the
Recipient throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 76a.2a,
Fla. Stat., agrees to be fully responsible for its negligent or tortuous acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 76a.2a, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT
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If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall. if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11) However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Division may, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. Request additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. Issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. Advise the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4. Require the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
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(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The par ties may agree tot erminate t his Agreement for their mutual convenience
through a written am endment of t his Agreement. The am endment wills tate t he effective dat e of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Project Manager Name: Paiae Johnson
Bureau Name: Mitiaation
Division Name: Florida Division of Emerqencv Manaaement
Address: 2555 Shumard Oak Blvd.
City, State, Zip: Tallahassee. Florida 32399
Telephone Number: (850) 413-9946
Fax Number: (850) 413-9857
Email Address: paiae.iohnson@em.mvflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
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CONTACT NAME Kurt Bressner
RECIPIENT NAME City of Boynton Beach
ADDRESS P. O. Box 310
CITY, STATE, ZIP Boynton Beach , FL 33425-0310
Telephone: 561-742-6621
Fax: 561-742-6357 "--'---
Email: sweeneyk@bbfl.us --
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
fully executed subcontract must be forwarded to the Division within ten days of execution for review and
approval. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the
terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Statement of Assurances
Attachment D - Request for Reimbursement
Attachment E - Justification of Advance
Attachment F - Quarterly Report Form
Attachment G - Warranties and Representations
Attachment H - Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
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(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $30, 022.50,
subject to the availability of funds. All requests for reimbursement of administrative costs must be
accompanied by the back-up documentation evidencing all such administrative costs.
(b) Any advance payment under this Agreement is subject to Section 216.1a1 (16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A-a7, A-11 0, A-122 and the Cash
Management Improvement Act of 1990. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be submitted to the Division Contact in
accordance with Attachment E. Attachment E will specify the amount of advance payment needed and
provide an explanation of the necessity for and proposed use of these funds.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Request for Reimbursement should be submitted at least quarterly and should
include the support documentation for all costs of the project submitted on the Request for
Reimbursement. The supporting documentation must comply with the documentation requirements of
applicable OMB Circular Cost Principles. Attachment D must be completed and signed by an authorized
representative of the recipient. Any Requests for Reimbursement that fails to include Attachment D with
the supporting documentation may be returned or delayed in processing. Final invoice shall be submitted
60 days after the expiration date of the agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the
United States Congress, the federal Office of Management and Budgeting, the State Chief Financial
Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to
make any further payment of funds shall terminate, and the Recipient shall submit its closeout report
within thirty days of receiving notice from the Division.
(1a) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Department of Community Affairs," and mailed directly to the Divisions Contact
listed above.
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the
Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of
the returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
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requirements of this Agreement. All of said information. representations, and materials is Incorporated bv
reference. The inaccuracy of the submissions or any material changes shall, at the option of the Divisior'
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336,42 U.S.C. Section 12101 et seQ.), which prohibits discrimination by public and private entities on
the basis of disability in employment. public accommodations, transportation, State and local government
services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work. may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor. or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
1. Are not presently debarred, suspended. proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. Have not, within a five-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(9)2. of this certification; and
4. Have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
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If the Recipient is unable to certify to any of the statements in this certification, then the
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile
transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And
Voluntary Exclusion" (Attachment H) for each intended subcontractor which Recipient plans to
fund under this Agreement. The form must be received by the Division before the Recipient
enters into a contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
U) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in a U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 27 4A( e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section
2a6.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(0) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
11
1. No Federal appropriated funds have been paid or will be paid. by or on behalt
of the undersigned, to any person for influenCing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract. the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement. and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2, If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into, Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
12
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
(23) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
:~CIPIENT: ~
-
Name and title: KURT BRESSNER
ell Y MANAGER \2--~-IO
Date: BOYNTON BEACH. Fl
FID# 5'\- ~OOO~~~
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY: ~~
Name and Title: David Halstefc;r'Director
Date I hi/II
/
~_MtJ
CITY ATTORNEY
13
EXHIBIT -- 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide
the same information shown below for each Federal program and show total Federal resources
awarded.
Federal Program: Federal Emergency Management Agency, Flood Mitigation Assistance Grant
Program
Catalog of Federal Domestic Assistance Number: 97.029
Amount of Federal Funding:
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown
below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities; include mitigation
projects that will result in protection of public or private property from natural hazards.
Eligible projects include, but are not limited to:
. Acquisition of hazard prone properties
. Retrofitting of existing buildings and facilities
. Elevation of flood prone structures
. Infrastructure protection measures
. Storm water management improvements
. Minor structural flood control projects
. Relocation of structures from hazard prone areas
. Retrofitting of existing buildings and facilities for shelters
. Vegetative management/soil stabilization
. Mitigation Planning Project
. Other projects that reduce future disaster losses
2. Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding
agency may elect to use language that requires the Recipient to comply with the requirements of
applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the
language may state that the Recipient must comply with specific laws, rules, or regulations that pertain to
how the awarded resources must be used or how eligibility determinations are to be made. The State
awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to.
NOTE: Section AOO(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Recipient.
14
t .~. Depanment uf lIomeland ~urit,
FEMA Region 1\
]tMIJ ('hambl('t' Tucker Rlllld
3 \illlDtlI, GA 30341
FEMA
" ~,
f',
....cptcmber :, 20 I (J
Mr. David Halstead. Director
Florida Division of Emergency Managemenl
2555 Shumard Oak Boulevard .')
lallahasscc. F1orid<l :nWQ.21 00 '.
"
AttcllIlon. Miles Anderson -
Rclcrcnce Flood Mitigation Assislance gran! program I FMA I prolect approval ~
FMA-PL-04-FI -20 I 0-00;; Cit~ of Boynton Be-deb "'
0
Dear MrHalstead:
It is my pleasurc 10 confirm that the following piannmg :>ub-grant has b(""Cll approved through lh.:
Flood Mitigation Assistance (FM A.) grant program pursuant to the Congressional appropriation
for Fiscal Y car 20 I O.
FMA Plalmtrl~J Grant Approvalisl Feeler" < Share Non-Federal Total Project
Share Cost
I FMA-PL-04-FL.2010..o05 I
City of Boynton Beach Flood Plam $30.022.50 $10.0075 , $40,030.00 I
1
_.~Management Plan ._--~~._~ ----,.._-~.-....~---- '~__'_'_..._._u_..... ,.,'-,'----
The Seopt.' of Work and Budgl:l submiucd by the State for lhi~ FM A. Planning ~ubgram i"
approved. subject to the f(lllowing conditions:
. Funds shall only be used to support the Hood ha:.card portion of State, 'I ribal. or
local multi-hazard mitigation plan:-- to meet the criteria specified in 44 eFR Pan
':';01
. All Local Multi-Hazard Mitigatinn Plan:" approved h} FEMA alter Octoher i. 200X !11l/.\f
cmnpl) WIth the LtJealMalJi-Hazard Mitigation Planning Guid/wee issued Jul:- !,
2008. This Guidance is available lor download at
I
. The lAical Multi-Hazard Mitigatitm PJatwing Guidanci' expands nil previou~l) released
guidance by addressing issues related hI plan updates. incorporating lessons learned over
tht: past several years. and prm iding gUldanc.: on the nc\\, regulator: n:quir.:mem". rllt
t\l.'O DC"\\' regulator: rClluirements ti:lr Im:alltlltigalioll plans arc:
;)201.61<.:)(2)( ii I addres" NFlP insured structures that ha'll: been rcpctiIlVl:I.\
damaged h;. flllods: and
Ii f h h.'IP;n i if'
Ul'l;.l
.. drall plan cIOC'wll,,'ni '. u tilll rth. j 1 ,~
I.
:,.:t HlnnCIH at k~asi h
Dc madc' p:'1 u ~,
" n~ dl };...unll'lH i~lh,l
ntH Ii !Ii', " rhl' l~_.!hHi IJ;
:lppl 1\ if nm...1 'liu
~ I III mil , i'lpa;III'-
iH;'it1,th.,. , Uk \n\lla! jl;n'k'lpani
,n! i', \I l"k Ii; ~
iii idle: \!!.;jIW!;,:, pn'g1ilmmil'li .,ppl.)'. \ iiwcl ....awjri; ;~\{...'a:,l'.
...,hiilllc',,' , IIf/L'n I! "ur h~Hn~~;.,,\ dk lfi! d >\ ard allu di Idlll1Cnlal
II .,upp. ,n I ! ~Jppn 1\:H " ri!~ ..1\\.1; !
llnd. lIm ~ ' "
1',~.dlt.:\J Lit .1i
he kim. aliti 'Iilll'hf" III Hit,. dl\.1 :t!"... Ui\_ 'irth, jl~ l'~ ,jJz..'L lhr\
H,tnb ll\ :", :"vl\.."../~'(l':"l' f}lJ;..:a,~.l" iJ.b-Hk lill }1' ii,
lht j, !'\\ lilt: Imcill
.. ill ',Iml \ 1.:'~ '~'..~ L.... ; ~ .h1\
dppf' r'edt:rai "'itl;tn_' pri 1\, L.h:;.: ,II, milf;Jtamn: ; /;
llw l ill\;, hen\ ,'LT 1 h', ;'djhk'j I" lU;ld, rh:.. "'tUhLI dnh.:.'<
.. tnaIh':lai and Ph)~L:TanHnal;l pr ~~re~~;,,--. 1't'Pi ! 1.~ ft,unLTHrH ~1J\ f'j,,:qon,,>. "
progfes> l1.:pon \\ illmellllk ..,\l!li\.:ienl nmi'al.!\ ( h:lt:rmlnc lliL
hil:', heen ilnd th~ t'\tnniih.'\ \!H', 'lMI1l'l'l
rq), 'I"!:., ;llld ..,unniltkl II' f;'~'lll;
. lilt :-'l.alt.' mUSl t lbtalll pnnl appn.\ al I rulli 'vb l\ih;fo.,LlU:-.L and \\11' "tliL't.. 11\.'!\1! t..' Hllph:lllcllllm
....hull!..!c... lil lhc appnyved planning grant \....Opl 01 VI elf!.. (S( )\~ i. \ ....h;m!!t. in the '-,1 lV,' : lIlll...t he
h\ Fl. !\:1 ,\ in mh tmcc tj tHe hin"
t I 1\1 ' beT.11ll;! Llh1\\H -'lULl;
:\ ~ ; If Li'^ 'lLl!1It.' ~ \!Hl1t h ,n
h)\\Ct <> C;1f!i:.',
. 1.!ompkll\l!i II tht.: plmmllJ!2 '\1\.'C: ll..'ut\ n.:qum':d. \\l' 1l~l\1lC:',:
Ult" il'Ci ,mmc'IIU;l1li \I; he ~llhnlltle"
.>t~ji,,,,\. h)( r't:\ It..:\. "': ~ H 1\: t }n',--"n,,~'..- prj;. tJ r~~ 1 n HjUr-.,:t~n 1 (.,:r 1; J :",..d~.'r:ti ... n:..:Hi!
nrd(tC~ \.:dsL--., a-. done Ii)' l LJZ~lnj 1\.'1 UJ(!Ui h)n IranlPrl. ~L:ran ~
" \\ ilhm ')(i .., alkr lt1t..' ""pH'all.>! Ht:.'JL[,ih'
',uhnli~ .:di faltHh:u:d. ,nl>.:"
.:i Ii d 111\, ,It, H'
ietter ~ ,l r~~q\lt,;:"! I _:iuv", 11\1". pr'lJect pr', !l.. h:I\(:l \ ,j IrL!UOZ- H~
>iiO\\fl!C the dal\. \\cd, ,'fi ilK ,X,'W':! \\il:' lulh tn\".. dati;: t!t.,: \.Ii'<ml\.:,~ 'IIK\
H.~\\ and a...,ccPianCt:: j\t rlh;gr:tiH 11Lldui.'r..,. {he i1nai I)r~ql'\..1 ..\_}~t 1., t..:'den'! :~Lan;.,; ;j11
-'( !md\:lTUli. and g endjL{Hh~L lhtH "'}L~, en IlkWT(,'I; ir tl!c }rn'!..lili..,:' iL.dk.,;
',\ "~rho Ihallh,' appr' '\ ,.d \\. '. alld Illil: iil(,' ,LJI;.; d'c
:, ,mplialh:c \\ i(l1lllt, prm i,.ld!h \ ruele kilt
. iill: ....HUt! \\ill allnccc"'~:l"\ d, 'Ht; nn iL'llInrc' ,'kl j c~itllr',_'
:ii,.,.,:I."Ht,' 1Hn~'th~na and ;T\
rh: tJ'~'>rH tfj ..~t Pl~rj; lnlUHh';;. !II!' ~ ilfc:'.. \. \. !
.:' ;l;.,:'['t I' ; !'!1
correspondence submitted to this olTiCl' L:um.:eming the sllhgranl. in addition to tht: quarterly
report~
Thanh you for submitting an application to the FY 2009 FMl\ grant program~ If you hUH:' any
questions. please contact Gabriela V i go of Tn) sta IT at (2::!l) I 225-4546.
">incerely ~
'-'i;_~
l'layton L Saucier. Chief
Ilaz.ard Mitigatioll Assistance Branch
Mitigation DiviSion
Attachment A
Budget and Scope of Work
Name: City of Boynton Beach Floodplain Management Plan
Recipient Address: 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435
The Scope of Work for this project is to be undertaken in phases.
Phase I: Planning Process
1.) Organize.
2.) Involve the public.
3.) Coordinate.
Phase II: Risk Assessment
1.) Assess the hazard.
2.) Assess the problem.
Phase III: Mitigation Strategy
1.) Set goals.
2.) Review possible activities.
3.) Draft an action plan.
Phase IV: Plan Maintenance
1.) Adopt the Plan
2.) Implement, evaluate, revise.
The completed work shall comply with all Federal, State and Local Rules and Regulations.
Fundina Summary
Federal Share: $ 30,022.50 (75%)
Local Share: $ 10,007.50 (25%)
Total Project Cost: $ 40,030.00 (100%)
The Division of Emergency Management (DEM) shall reimburse eligible costs for this project up to
$30,022.50, (federal share).
The recipient shall be required to adhere to the following Programmatic Conditions as part of the
award:
. Funds shall only be used to support the flood hazard portion of State, Tribal, or local
multi-hazard mitigation plans to meet the criteria specified in 44 CFR Part 201.
. All Local Multi-Hazard Mitigation Plans approved by FEMA after October 1, 2008 must
comply with the Local Multi-Hazard Mitigation Planning Guidance issued July 1, 2008.
This guidance is available for download at:
http://www.fema. qov/li brartv/viewRecord. do ?id =3 336.
. The Local Multi-Hazard Mitigation Planning Guidance expands on previously released
guidance by addressing issues related to plan updates, incorporating lessons learned
over the past several years, and providing guidance on the new regulatory requirements.
The two new regulatory requirements for local mitigation plans are:
0 ~201.6(c)(2)(ii) address NFIP insured structures that have been
repetitively damaged by floods; and
15
0 S201.6(c)(3)(ii) address the jurisdiction's participation in the NFIP, and
continued compliance with NFIP requirements, as appropriate.
. Complete draft plan documents must be submitted to the State and FEMA for review and
comment at least 6 months prior to completion of the grant such that any necessary
revisions may be made prior to adoption and within the approved Period of Performance.
. The final plan documents must be submitted to the State and FEMA for review and
approval prior to the end of the Period of Performance of the sub-grant, and FEMA
approval must b e approved prior to sub-grant closeout.
. The plan must be adopted by the governing body by all of the participating jurisdictions
within six (6) months of the initial FEMA final approval, in order for participants to obtain
eligibility for application to the State for FEMA mitigation grant programs.
Eli~1ible Expenditures
The categories outlined below are generally considered eligible for reimbursement under the
Flood Mitigation Assistance Program. Only reasonable eligible expenses may be reimbursed. The
Recipient shall provide the Division with a detailed listing of project expenditures, classified according to
the listed categories, as part of any request for payment. Any expenditure that does not clearly fall under
the specified categories shall be submitted to the Division for review and determination of funding
eligibility under the Flood Mitigation Assistance Program.
Preliminary cost estimates for this project have been provided to the Division, and those costs
that are eligible have been incorporated into the categories outlined below.
The amounts set forth below are estimates, and the Recipient may allow the Property Owner to
exceed the estimates and be reimbursed for 100% of expenditures in a category, provided that the total
reimbursement shall not exceed $30,022.50, (federal share).
Eligible Cost Item Total Cost Federal Local
Share Share
~ 7501c J(.t(~5% J(.f
Coordination and Administration $2,030.00 $1,522.50 $507.50
Contract for Plan Development $30,000.00 $22, 500.00 $7,500.00
Supplies and Printing $500.00 $375.00 $125.00
Public Hearings, Planning and $4.000.00 $3000.00 $1,000.00
Implementation
Data Development and Analysis $3.500.00 $2, 625.00 $875.00
TOTAL COST $40,030.00 $30,022.50 $10,007.50
16
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the safety of
inhabitants before, during or after a natural or man made disaster.
The funding provided by the Division of Emergency Management (OEM) under this subgrant is only
intended to pay for the materials and labor for the installation of storm shutters and/or other hardening
activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the damage that
might otherwise occur from severe weather or other hazards. The funding of this project by the Division
in no way confers or implies any warranty of use or suitability for the modifications made or installed. The
State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including
but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a
particular purpose, merchantability, or merchantable quality
This project has not been evaluated as meeting the standards of the Department of Homeland Security,
Federal Emergency Management Agency (FEMA) as outlined in the guidance manual, FEMA 361-Design
and Construction for Community Shelter. It is understood and agreed by the Division and the Recipient
that the building has vulnerabilities due to age, design and location which may result in damage to the
building even after the installation of the mitigation measures funded under this Subgrant Agreement. It is
further understood and agreed by the Division and the Recipient that this mitigation project is not intended
to make the building use able as a shelter for the Recipient's staff or any other citizens in the event of any
natural or man-made disaster.
17
AttachmentB
Program Statutes and Regulations
The parties to this Agreement and the FEMA Hazard Mitigation Assistance Programs 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, 1a, 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 C of this Agreement
In addition to the above statues and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A (Budget and Scope of Work) 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 funded under this Agreement, and shall
provide any appropriate maintenance and security for the project.
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 federal, state, or 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.
Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms with the approved plans and specifications
and will furnish progress reports and such other information to the State as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the
affected real property shall record in the public records of the county where it is located the following
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:
1. The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
1a
2. No new structure will be erected on property other than.
(a) a public facility that is open on all sides and functionally related to a
designated open space
(b) a restroom: or
3. A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
4. 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
5. If any of these covenants and restrictions is 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.
The HMA Contract Manager will evaluate requests for cost overruns and submit to the Regional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to an
HMA Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in
the NEPA process. For HMGP projects, you are reminded that no construction may occur in this phase
that a full environmental review must be completed prior to funding Phase II.
As a reminder, the Recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
1. For construction projects, the grantee must "obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13 (c));
2. A change in the scope of work must be approved by FEMA in advance regardless of the
budget implications; and
3. The Recipient must notify the State as soon as significant developments become known,
such as delays or adverse conditions that might raise costs or delay completion, or favorable
conditions allowing lower cost or earlier completion. Any extensions of the period of
performance must be submitted to FEMA 60 days prior to the project expiration date.
ADDITIONAL REGULATIONS
The Recipient assures that it will comply with the following statues and regulations, to the extent
applicable:
1 ) 53 Federal Register a034
2) Federal Acquisition Regulations 31.2 and 0931.2
3) Section 1352, Title 31, US Code
4) OMB Circulars A-21, A-a7, A-110, A-122
5) Chapter 473, Florida Statutes
6) Chapter 215, Florida Statutes
7) Section 76a.2a, Florida Statutes
8) Chapter 119, Florida Statutes
9) Section 216.181(6), Florida Statutes
10) Cash Management Improvement Act Of 1990
11) American with Disabilities Act
12) Section 112.061, Florida Statutes
13) Immigration and Nationality Act
14) Section 2a6.011, Florida Statutes
15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
2a CFR, Part 66, Common rule,
16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
17) Title I of the Omnibus Crime Control and Safe Streets Act of 1968.
19
1a) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
19) 2a CFR applicable to grants and cooperative agreements
20) Omnibus Crime Control and Safe Streets Act of 196a, as amended,
21) 42 USC 37a9(d), or Victims of Crime Act (as appropriate);
22) Section 504 of the Rehabilitation Act of 1973, as amended;
23) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
24) 2a CFR Part 42, Subparts C,D,E, and G
25) Department of Justice regulations on disability discrimination, 2a CFR Part 35 and Part 39.
20
Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Recipient certifies that:
(a) It possesses legal authority to enter into this Agreement, and to carry out the proposed program:
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (OEM), including all understandings and assurances contained in it,
and directing and authorizing the Recipient's chief administrative officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner.
shall receive any share or part of this Agreement or any benefit. No member, officer, or
employee of the Recipient or its designees or agents. no member of the governing body of the
locality in which the program is situated, and no other public official of the locality or localities who
exercises any functions or responsibilities with respect to the program during his tenure or for one
year after, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds, for work be performed in connection with the program assisted under this Agreement.
The Recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose state above:
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for
eligible contract work completed prior to the date the notice of suspension of funding was
received by the Recipient. Any cost incurred after a notice of suspension or termination is
received by the Recipient may not be funded with funds provided under this Agreement unless
previously approved in writing by the Division. All Recipient contracts shall contain provisions for
termination for cause or convenience and shall provide for the method of payment in such event:
(e) It will comply with:
(1 ) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring
that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half
times their basic wage rates for all hours worked in excess of forty hours in a work week:
and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work-week.
(f) It will comply with:
(1 ) Title VI of the Civil Rights Act of 1964 (P.L. aa-352), and the regulations issued pursuant
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the
Recipient receives Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance extended to the
Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 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
21
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 120a6, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoffltermination, rates of payor other
forms of compensation; and election for training and apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to
Section 112.313 and Section 112.3135, FS;
(h) It will comply with the Anti-Kickback Act of 19a6, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities;
(i) It will comply with the provisions of 1a USC 594, 59a, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
U) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
(k) It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6
for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The
Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(I) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (U .S.C. 470), Executive Order 11593, 24 CFR Part aoo, 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 aoo.a) by the proposed activity;
and
(2) Complying with all requirements established by the State to avoid or mitigate
adverse effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among
the Federal Emergency Management Agency, the Florida State Historic
Preservation Office, the Florida Division of Emergency Management and
the Advisory Council on Historic Preservation, (PA)" which addresses roles
and responsibilities of Federal and State entities in implementing Section 1 06 of
the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
regulations in 36 CFR part aoo.
(4) When any of Recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR aoo. (2)(e), the Federal Emergency
22
Management Agency (FEMA) may require Recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and
suggest methods of repair or construction that will conform with the
recommended approaches set out in the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992
(Standards), the Secretary of the Interior's Guidelines for Archeological
Documentation (Guidelines) (48 Federal Register 44734-37). or any other
applicable Secretary of Interior standards. If FEMA determines that the eligible
scope of work will not conform with the Standards, Recipient agrees to
participate in consultations to develop, and, after execution by all parties. to
abide by, a written agreement that establishes mitigation and recondition
measures, including but not limited to, impacts to archeological sites, and the
salvage, storage, and reuse of any significant architectural features that may
otherwise be demolished
(5) Recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation for footings and
foundations; and installation of utilities (such as water, sewer, storm drains,
electrical, gas, leach lines and septic tanks) except where these activities are
restricted solely to areas previously disturbed by the installation, replacement or
maintenance of such utilities, FEMA will request the SHPO's opinion on the
potential that archeological properties may be present and be affected by such
activities. The SHPO will advise Recipient on any feasible steps to be
accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the
recovery of archeological data from the property.
If Recipient is unable to avoid the archeological property, develop, in consultation
with the SHPO, a treatment plan consistent with the Guidelines and take into
account the Advisory Council on Historic Preservation (Council) publication
"Treatment of Archeological Properties". Recipient shall forward information
regarding the treatment plan to FEMA, the SHPO and the Council for review. If
the SHPO and the Council do not object within 15 calendar days of receipt of the
treatment plan, FEMA may direct Recipient to implement the treatment plan. If
either the Council or the SHPO object, Recipient shall not proceed with the
project until the objection is resolved
(6) Recipient shall notify the Division and FEMA as soon as practicable: (a) of any
changes in the approved scope of work for a National Register eligible or listed
property; (b) of all changes to a project that may result in a supplemental DSR or
modify an HMGP project for a National Register eligible or listed property; (c) if it
appears that a project funded under this Agreement will affect a previously
unidentified property that may be eligible for inclusion in the National Register or
affect a known historic property in an unanticipated manner. Recipient
acknowledges that FEMA may require Recipient to stop construction in the
vicinity of the discovery of a previously unidentified property that may be eligible
for inclusion in the National Register or upon learning that construction may
affect a known historic property in an unanticipated manner. Recipient further
acknowledges that FEMA may require Recipient to take all reasonable measures
to avoid or minimize harm to such property until FEMA concludes consultation
with the SHPO. Recipient also acknowledges that FEMA will require, and
Recipient shall comply with, modifications to the project scope of work necessary
to implement recommendations to address the project and the property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when, with intent to avoid the requirements
of the PA or the NHPA, Recipient intentionally and significantly adversely affects
a historic property, or having the legal power to prevent it, allowed such
significant adverse affect to occur
23
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 16a1-
16a3 and 16a5 - 16a6) which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(0) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4a21 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the state Energy Conservation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Animal Welfare Act of 1966,7 U.S.C. 2131-2159, pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of
the Civil Rights Act of 1964 (P.L. aa-352), which prohibits discrimination on the basis of race,
color or nation origin;
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(v) It will comply with the Endangered Species Act of 1973,16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970,42 U.S.C. 472a-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966,16 U.S.C. 469a, et seq;
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-463a, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs;
(dd) It will comply with the Wild and Scenic Rivers Act of 196a, 16 U.S.C. 1271-12a7, related to
protecting components or potential components of the national wild and scenic rivers system;
(ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 1173a (violating
facilities); EO 119aa (Floodplain Management); EO 11990 (Wetlands); and EO 12a9a
(Environmental Justice);
24
(ff) It will comply with the Coastal Barrier Resources Act of 1977.16 U.S.C. 3510:
(gg) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464: and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient
and its demolition contractor have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement
2. Return the property to its natural state as though no improvements had ever been
contained thereon.
3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos
and lead in accordance with requirements of the U.S. Environmental Protection Agency,
the Florida Department of Environmental Protection and the County Health Department.
4. Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Division promptly of any unusual existing condition which hampers the
contractors work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
Provide documentation of closures.
10. Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
11. Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1a57 (h), Section 50a of the Clean Water Act (33
U.S. 136a), Executive Order 1173a, and the U.S. Environmental Protection Agency
regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
25
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
FLOOD MITIGATION ASSISTANCE GRANT PROGRAM FUNDS
RECIPIENT NAME: City of Boynton Beach
ADDRESS: 100 East Boynton Beach Blvd.
CITY, STATE, ZIP CODE: Boynton Beach, Florida 33435
PAYMENT No: DEM Agreement No: 11-FM-4P-1 0-60-02-
FEMA Tracking Numbers: FMA-PL-04-FL-2010-005 Invoice Period: to
Eligible Obligated Obligated DEM Use Only
Amount Federal Non-Federal Previous Current
100% 75% 25% Pavments Request Approved Comments
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the above accounts are correct, and that all
disbursements were made in accordance with all conditions of the Division agreement and payment is
due and has not been previously requested for these amounts.
RECIPIENT SIGNATURE
NAME AND TITLE DATE:
TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
26
Attachment 0
(continued)
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
FLOOD MITIGATION ASSISTANCE GRANT PROGRAM
Applicant: City of Boynton Beach Disaster No. FMA 2010
DEM Agreement No: 11-FM-4P-1 0-60-02 FEMA Tracking # FMA-PJ-04-FL-2010-005
Applicant's Date of delivery DOCUMENT ATION Applicant's
Reference No. of articles, List Documentation (Applicant's payroll, material out of Eligible Costs
(Warrant, Voucher, completion of applicant's stock, applicant owned equipment and name 100%
Claim Check, or work or of vendor or contractor) by category and line item in the
Schedule No.) performance approved project application and give a brief description
services. of the articles or services.
I
I
I
1
i
[
I
I
;
i
l
i
!
TOTAL I
27
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is
requested, budget data on which the request is based must be submitted. Any advance payment under this
Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed
the expected cash needs of the recipient within the initial three months.
U NO ADVANCE REQUESTED U ADVANCE REQUESTED
No advance payment is requested. Advance payment of $ is requested. Balance of
Payment will be solely on a payments will be made on a reimbursement basis. These funds
reimbursement basis. No additional are needed to pay staff, award benefits to clients, duplicate forms
information is required. and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet.
(A) (B) (C) (D)
DESCRIPTION FFY FFY FFY Total
2010-2011 2011-2012 2012-2013
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 bv line 1.)
1First three months expenditures need only be provided for the years in which you requested an
advance. If you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $ =
Cell D3 HMGP Award MAXIMUM
(Do not include match) ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
U Recipient has no previous HMGP contract history. Complete Estimated Expenses chart
and Explanation of Circumstances below.
U Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances
below. Attach additional pages if needed.
2a
ESTIMATED EXPENSES
I -
2010-2011
BUDGET CATEGORY Anticipated Expenditures for First Three Months of
Contract
--._._--_.~----,-".- -..-.,..-..--------..
ADMINISTRATIVE COSTS ;
,
..-..
PROGRAM EXPENSES :
TOTAL EXPENSES
-,
Explanation of Circumstances:
29
.
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
RECIPIENT: City of Boynton Beach Project Number # FMA-PJ-04-FL-2010-005
PROJECT LOCATION: 100 East Bovnton Beach Blvd. Boynton Beach. FL 33435
DEM ID #: 11-FM-4P-1 0-60-02- QUARTER ENDING:
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July-Sep, 20_$ Oct-Dee, 20_$ Jan-Mar, 20_$ Apr-June, 20_$
July-Sep, 20_$ Oct-Dec, 20_ $ Jan-Mar, 20_ $ Apr-June, 20_$
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 L ] Under Budget Ll Over Budget
Additional Comments/Elaboration:
NOTE: Division of Emergency Management (DEM) staff may perform interim inspections andlor 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 the Division as
soon as these conditions become known, otherwise you may be found non-compliant with your subgrant
award.
Name and Phone Number of Person Completing This Form
30
Attachment G
Warranties and Representations
Financial ManaQement
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all such assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation..
Com petition.
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated. has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from a:oo a.m. to 5:00 p.m., local time, Monday through Friday.
Licensinq and Permittinq
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
31
Attachment H
I ~al~~~ I
~~:i1'..,~.....~~"
.MCI.c\1QlfmtalyStC1uSiOn
Contractor Covered Transactions
(1 ) The prospective contractor of the Recipient, ' certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
By
Signature Recipient's Name
Name and Title Division Contract Number
Street Address
City, State, Zip
Date
32