HomeMy WebLinkAbout2020-249DIVISION OF
Ron DeSands
Governor
STATE• • I DA
-
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
MANAGEMENT
DIVISION OF EMERGENCY°MANAGEMENT
MITIGATION BUREAU
Jared Moskowitz
Director
REQUEST FOR REVIEW AND APPROVAL
SUB -RECIPIENT:
Indian River County
PROJECT #:
4283-91-R
PROJECT TITLE:
Indian River County, 1920s Bungalow, Elevation Project
CONTRACT #:
H0566
MODIFICATION #:
I NA
SUB -RECIPIENT REPRESENTATIVE POINT OF CONTACT
Beth Powell, Assistant Director
Indian River County
5500 77th Street
Vero Beach, Florida 32967
Enclosed is your copy of the proposed contract between the Indian River County and the
Florida Division of Emergency Management (FDEM).
COMPLETE
This form is required to be included with all Reviews, Approvals, and Submittals
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One (1) Copies printed for Approval
Printed Single -sided (!f your policy is to copy two-sided please contact me and / will
send you one original one-sided copies for signature
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Reviewed and Approved
®
Signed and Dated by Official Representative (blue ink
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Attachment I Federal Ft�ndtnAccoitntab1litand:_T-ransparency Ac FFATA
om ieted`sl ed,_a oda#ed N/A for Modifications
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One signed and dated Original mailed to FDEM — Tallahassee or rte Or:.iginai
�gned, elec�ranically and: ein�iiled to�Gtrants Spec_ �ahs�.
Florida Division of Emergency Management
Mitigation Bureau — HMGP
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Attention — Grant Specialist — Veronica S. Ash, FCCM, Office 330-B
�ErxtatlR%eronica�ast�; em,m � ordaco
yvu nave arty yumavns regaraing inis contract, or wno is authorized to sign it. Please
contact your Project Manager at 850-815-4570 or via -email at Holly.swift(cD-eni.mvflorida.com.
DIVISION HEADQUARTERS Telephone: 850-8154000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.om 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
49reeMe!#Number. H0566 -
Project ,Wtim-ber:'
4W 91'�R
T
FEDERALLYi-FUNDED SUBAWA
RP, ND GRANT AGREEMENT
2 C. F.R.:;§200:92 states that, A u,su4award maybe provided through any form of legal agreement,
including an agreement that the pais -through entity Considers a contract."
As,defih _C.F.R_§20Q1,4,"pass-through
pol;by 2 - - -non-Federal.-enilty that -PrOVides,a
�_pWm,.,anl,'�a
subaward-W a8ub-Redpient to.carfy out part of a.'Federal 1_"ro9ram."
As defined by 2 C.F.R. §200.
93, "Sub -Recipient" means "a non -Federal entity that receives a
subaward, from a pass-through entity to carry out part'of a, federal program."
As difined by 2 C.F.R. §200i3.8, "Fia.deral award" meatis-Federal financial assistance that a non-
Federal- entityreceives ''directly
ftom a Federal awarding agency orindirectlyfrom pass -through -entity."
As defined "d
by 2 C.F.RL. §200.-,92, u6ubawat&.rhearis u,an, award provided by a pass-through entity to a
8, b;'.R66pidrit for the Sub -Recipient to .
carbut part of a award received ,by the pass-through.)
entity..
The-followiri.g;information is provided pursuant to 2C.F.R:.,'&F00.33 'F00.331 a 11):
$0t, RI ipiOnVsriame:
.8 u0i,-Re . dipi 0Vs,-Uhiqqq4nfity identifier.
Federal .,'Award �,,!Opntifidatioh-'Numbbr FAIN
FedprOl-Award nafte-,
Sube.W.ardPe(iod�ofPerformance Start and End Date:
Obligated by this Agreement:Ambuht-017 iaratFunds'o
TotsllAmount -offederal;,Funds ,Obligat6d.tothe,Suit-Recip-ant
.by'-the.,.:pats-throddh entity td,indUde ' this Agreement:
Total Amount ofFederal-Award committed to the Sub-
Rec�pient by he pass-through
F6dera'-i`aw-a'4
..,prqeddescriptio"n (sea FFATA):
Name. of Federd[ awarding- agency:
Name of -pass- through: entity:
Contactinformation for the. pass4hrough entity:
Catilog'of Pdderal Domestic Assistance CFDA) Number and
Name:
Whether the award isv R&D:
Indirect qost,rqtq,for the Federal award:
IN.DlAl*.RIVER COUNTY
rW 40001574
_FEMA
October 14, 2020 _
U
�'000Ox ti'on'thr6ug'hApril,,6;,202.1
$59,235.75
$5.9,235.75
..Elevatim.ftiect. _
FedOral>!Em'orgency.:ManagementAgency_
.
FL Division -.of-:Emergency Management
97.039 Hazard Mitigation Grant Program
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
THIS AGREEMENT is entered into by the, --State of -Florida, Division of Emergency Management,
with head quarters-ln Tallahassee, Florida (hereinafter referred to as the "Division")i and Indian River
County, (hereinafter referred. -to as the "Sub -Recipient"):
Fo(.the_.purposes.of thisAgreement,the Division serves as_ he pass-through entity fora"Federal
award, and the Sub-Rociprent serves asthe recipient of a subaNard.
THIS AGREEMENT IS ENTERED INTO BASED ONITHE FOLLOWING REPRESENTATIONS:
A. The'Sub=Recipient represents that itis fully qualified"and eligible to receive these grant funds
to provide the. services "identified herein;
B. The;;State-of,2Florida received-these,grant fund'Jrom the Federal government, and the
Division has the authority to'sutigrantthese funds=to the Sub -Recipient upon the terms and conditions
outlined below; and;
C. The-Dn'rision'.has.statutory,.authb ty 10,disburseTthe.funds"under this Agreement.
THEREFORE, the:Divrsion and the Sub=Recipient agree. to the.; following:
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1) APPLICATION OF STATE LAW.TO THI6)_ MENT
l c. F,R: §2vU 3o2.provides yENO=state mast expend and account for the Federal award
in.accordance wrfit state -laws -and procedures;for5expendmg:and-accounting for the; state's own funds."
Therefore; _$ection 215 971, Florida Statutes, entitled "Agreements°funded with federal or state
assistance", applies to this Agreement.
2) LAWS RULES, REGULATIONS AND POLICIES_:
a. The :`Sub -Recipient's performance underthis Agreement is subject to 2 C.F.R. Part
200, entitled"Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards "
b. As required "by Sectior1215.974(1), Florida Statutes, this Agreement includes:
i. A provison`specifyrng aacope ofwork that clearly establishes the tasks that
the Suta-Recipienf is requiredto perform.
ii. A:provision dividing the :agreement into quantifiable units of deliverables that
must -be received and accepted in writing,by the Division before payment. Each.deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and:the criteria for evaluating the successful completion of'6ach deliverable:
iii, A provision specifyrng,the financial consequences that apply if the Sub -
Recipient fails to performthe minimumlevel of service required by -the agreement.
IV. A provision specifying that the.Sub=Recipient may expend funds only for
allowable costs resulting from obligations incurred during the specified agreement period.
V. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded_ to the Division.
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J.R. SMITH, CLERK
vi. A provision specifying that-anq=funds paid in excess of the amount to.which
the Sub -Recipient is entitled under the terms andconditions of the agreement must be refunded to the
Division.
c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by
_a11 applicable'State and Federal laws, rules and regulations, including those identified in Attachment B.
Any express. reference in this Agreement to a particular statute; rule, or regulation in no way implies that
no other statute, rule, or regulation applies.
3) ,C.ONTACT
a. In accordance with section 215.9.71 ,2 Florida Statutes, the Division's Grant
Manager shall.be responsible for enforcing ,performance-'ofthis Agreements terms and conditions -and
shall -serve as the Division's liaison with the Sub-Recipient.),tjA&part of his/her duties, the.Grant Manager
for the Division shall:
payment
i. Monitor and document -Sub -Recipient performance; and,
ii. Review anddocu"'merit all deliverables for which the Sub=Recipient requests
b. The Division's Grant Manager for this Agreement is:
Holly M;' Swift, FCCM
Project"Manager
Bureau of Mitigation
Florida Division of Emergency ;Management
2702 Directors Row
Orlando, Florida 32809-5631
Telephone: 850=8154570.
Email Hollyawiffb-'6e t.mvflorida.com.
The Division's:Altemate .Grant Manager for this Agreement is:
Kathleen Marshall
Community Program-Managr
Bureau of Mitigation
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
Telephone: 850=815-4503
Email: Kathleen.Marshall@em.myflodda.com
1. The name and address of the Representative of the Sub -Recipient responsible for the
administration of this Agreement is:
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JR. SMITH, CLERK
Beth Powell, Assistant Director
Indian River County
6500 77th Street
Vero Beach, Florida 32967
Telephone: 772-226-1.01
Email; bpoweli@ircgov.com
2. In the event that different representatives or addr"ses are designated by either party after
execution of this Agreement, notice of the name, bila and address of the new representative will
be -provided to the other, party.
4) TERMS. AND. CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
5) ,EXECUTION
This -Agreement may. be executed in any:number of: counterparts, any one of which may
be taken as an original.
6) tMODIFICATION.
Either party may request modification of.the provisions of this.Agreement. Changes
which are agreed upm shall be valid only when in writing; signed by each of the parties, and attached to
the original of this Agreement.
7) SCOPE-OF;WORK
The Sub -Recipient shall perform the work in accordance with the Budget and Scope of
Work, Attachment A of this Agreement
a
8) :PERIOD. -OF AGREEMENT
i-1
This Agreement shall:begin upon execution :by_ both+ parties and shall end on April 6,
2021, unless terminated,earlierin accordance with the provisions of Paragraph 17) of this Agreement.
Consistent withthe definition of ."period of. performance" contained in 2 C.F.R. §200.77, the term "period
of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out
the work authorized undern this Agreement. In accordance with.2 C F.R. §200:309, the.."SubmRecipient
may receive reimbursement under this, Agreement only :for "allowable costs incurred during the period of
performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend
funds authorized by this Agreement "only for allowable costs -resulting from obligations incurred during"
the period of agreement
9) .FUNDING
a. This is a cost -reimbursement Agreement, subject to the availability of funds.
i;
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J.R. SMITH, CLERK
b. 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 either Chapter 216, Florida Statutes, or the Florida Constitution.
c. The Division will reimburse the Sub -Recipient gall for allowable costs incurred by the
Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount
for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The
maximum reimbursement amount for the entirety of this Agreement is $59,235.75.
d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement
must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient,
which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts "are for the
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purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any
false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal,
civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18,
Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."
e. The Division will review any request for reimbursement by comparing the
documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment A,
that clearly delineates:
I. The required minimum acceptable level of service to be performed; and,
ii. The criteria for evaluating the successful completion of each deliverable.
f. The performance measure required by section 215.971(1 b), Florida Statutes,
remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as
"a target level of performance expressed as a tangible, measurable objective, against which actual
achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R.
§200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments
of the Federal award."
g. If authorized by the Federal Awarding Agency, then the Division will reimburse the
Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal
services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If the Sub -Recipient seeks
reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,
illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C.
§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines
fringe benefits as "allowances and services provided by employers to their employees as compensation in
addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as
the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an
established policy of the Sub -Recipient 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in
the form of regular compensation paid to employees during periods of authorized absences from. the job,
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J,R. SMITH, CLERK
such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave,
administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
I. They are provided under established written leave policies;
ii. The costs are equitably-allocatedto all related activities, including Federal
awards; and,
iii. The accounting basis (cash oraccrual) selected for costing each type of
leave is consistently followed by the non -Federal entity or specified grouping of employees.
h. If authorized by the Federal Awarding -Agency, then the Division will reimburse the
Sub=Recipient for travel expenses -in accordance. with 2 C FR. §200.474. As required by the Reference
Guide for State.Expenditures, reimbursement for travel muat;be in.accordance with section 112.061,
Florida Statutes,.which includes submission of the claim�on-the approved state travel voucher. If the Sub -
Recipient seeks reimbursement for travel costs that exeeed'the amounts stated in section 112.0616 b ,
Florida:?Statutes:($6-for`breakfast, $11 for lunch; and -$1916r dinner), then the Sub -Recipient must provide
documentationAhat:
The costs are reasonable and `do>not exceed charges -normally allowed by
the:Sub=Recipient in its regular operations as as result of -the -Sub=Recipients written travel policy; and,
ii. Participation of the individual.,in. the travel is necessary to the Federal award.
The Division's grant manager, as required by section 215.971 2)(c), Florida Statutes,
shall -reconcile and verify. all.funds ,received.against all fundis expendedduringthe_grant agreement period
and.,produce:a:final reconciliation -report. The final reportmust identify;ai y -funds paid in excess of the
expenditures incurred by the. Sub=Recipient.
j. -As defined,by2,QF R.•.§200:53, the term °improper payment" means or includes:
i. Any --payment that shouldnot have been made or that was made in an
incorrect amount (including overpayments and underpayments) under statutory, contractual,
administrative, or other legally applicable requirements; and,
ii. Any payment to an ineligible party, any -payment for an ineligible good or
service, any duplicate payment, any paymentfor a good or;service not received (except for such
payments where authorized by law), any payment that does not account for credit for applicable
discounts,,and:any.payment where insufficient or lack of -documentation prevents a reviewer from
disceming.whether a payment was proper.
(10 .REQ CORDS
a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General,
the Comptroller General of the United States, and the Division, or any of their authorized representatives,
shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are
pertinent to the Federal award, in order to make audits, examinations,.excerpts, and transcripts. The right
of access also includes timely and reasonable access to the Sub -Recipients personnel for the purpose of
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ii
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J.R. SMITH, CLERK
interview and discussion related to such documents. Finally; the right of access is not limited to the
required retention period but lasts as long -,-
As the records are retained.
b. As required by 2 C:F.R., §200:331 a 5 ); :the Division, the Chief Inspector General of
thettate:of Florida; the: Florida Auditor General, or any of their authorized representatives, shall enjoy the
right of,access to any documents, financial statements, papers, or other records of the Sub -Recipient
s.
which are pertinent to this Agreement, in order to make audlits, examinations, excerpts, and transcripts.
The right of access also includesaimely and reasonable access t6the Sub -Recipients personnel for the
purpose of interview and discussion'related "to such documents.
c. As required by Florida Department=of:State's record retention requirements (Chapter
119;:.Florida Statutes) and by 2 C:F:R §200.333i.the Suf}Recipient shall retain sufficient records to show
its compliance. with the terms of this Agreement, as well as:#he.`compliance of all subcontractors or
consultants,: paid from funds under:this Agreement; -for a periodpifive (5) years from the date of
submission: of -the -final expenditure report. The- following -are the only exceptions to the five (5) year
requirement:
1. If any litigation, claim, or audit is started before the expiration of the 5 -year
period Ahen;the records must -°be retained until all_litigation,:,claims, or audit findings involving the records
have, been resolved and final action taken.
ii. When<the Division or the Sub -Recipient is notified in writing by the Federal
awarding. -agency, cognizant.agency for audit, oversight agency for audit, cognizant agency for indirect
costs, or pass-through entity to extend the retention period;:
M. Records for real property and;equipment acquired with Federal funds,must
i
be retained for 5 years after final disposition. I
iv. When records are transferred to:or maintained by the Federal awarding
agency or pass-through. entity, the_5-year; retention requirement is not applicable to the Sub=Recipient.
V. Records for program incometransactions after.the period of performance. In
some-caset-recipients must report
'program.. income after the_ period. of. performance. Where there is such
a gregd rement, the retention period for-the,records' pertamir g: to ;the earning of the, program income starts
from -the end ofthe.non-Federalentity'sfscal year'in which=the program income is earned.
vi. Indirect cost rate proposals and cost allocations plans. This paragraph
applies to the following types of documents and their supporting records: indirect cost rate computations
or.proposals,, cost allocation plans,, and any similar accounting computations of the rate at which a
particular group -of costs is chargeable (such as computer. usage chargeback rates or composite fringe
benefit, rates).
d. In accordance with 2 G.F.R. §200.334, the Federal awarding agency must request
transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that
the records possess long-term retention value.
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J.R. SMITH, CLERK
e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept
paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies
are submitted, then the Division must not require more than an original and two copies. When original
records are electronic and cannot be altered, there is no need to create and retain paper copies. When
original records are paper, electronic versions may be substituted through the use of duplication or other
forms of electronic media provided that they are subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and remain readable.
f. As required by 2 C.F.R. §200,303, the Sub -Recipient shall take reasonable measures
to safeguard protected personally identifiable information and other information the Federal awarding
agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with
applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality.
g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes)
provides the citizens of Florida with a right of access to governmental proceedings and mandates three,
basic requirements: (1) meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such, meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere'receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that:the Government in the Sunshine Law applies to
the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub -
4
Recipient's governing board or the meetings of any subcommittee making recommendations to the
governing board may be subject to open government requirements. 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, Florida Statutes.
h. Florida's Public Records Law provides a right of access to the records of the state
and local governments as well as to private entities acting on their behalf. Unless specifically exempted
from disclosure by the Legislature, all materials made or received by a governmental agency (or a private
entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However; when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
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J.R. SMITH, CLERK
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
i. The Sub -Recipient shall maintain all records for the Sub -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 - Attachmient A - and all other applicable laws and
regulations.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TOPROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555
Shumard Oak Boulevard, Tallahassee, FL 32399.
(11 AUDITS
a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R.
Part 200, Subpart F.
b. In accounting for the receipt and expenditure of funds under this Agreement, the
Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
c. When conducting an audit of the Sub -Recipient's performance under this Agreement,
the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
d. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Sub -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 (30) days after the Division has notified the Sub -Recipient of such non-
compliance.
e. The Sub -Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(1), Florida Statutes, as "an independent certified public accountant licensed
under chapter 473." The independent auditor shall state that the audit complied with the applicable
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J.R. SMITH, CLERK
provisions noted above. The audit must be received by the Division no later than nine months from the
end of the Sub -Recipient's fiscal year.
f. The Sub -Recipient shall send copies of reporting packages for audits conducted in
accordance with 2 C.F.R. Part 200, by or on behalf of the SOb-Recipient, to the Division at the following
address:
DEMSingle Audit@em.myflodda.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC
to the Federal Audit Clearinghouse by submission online at:
http://harvester.census.gov/fac/collectlddeindex.html
h. The Sub -Recipient shall send any management letter issued by the auditor to the
Division at the following address:
DEMB!ngle—Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(12 REPORTS
a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with
quarterly reports and a close-out report. These reports shall include the current status and progress by
the Sub -Recipient and all 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 fifteen (15) days after the end
of each quarter of the program year and shall be sent each quarter until submission of the administrative
Gose -out report The ending dates for each quarter of the program year are March 31, June 30,
September 30 and December 31.
c. The close-out report is due sixty (60) days after termination of this Agreement or sixty
(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, then the Division may vgi)hhold further payments until they are
completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
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e. The Sub -Recipient shall provide additional program updates or information that may
be required by the Division.
f. The Sub -Recipient shall provide additional reports and information identified in
Attachment F.
(13 MONITORING.
a. The Sub -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.
b. In addition to reviews of audits, monitoring procedures may include, but not be limited
to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the
Division.. In the event that the Division determines that a limited scope audit of the Sub -Recipient is
appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division
to the Sub -Recipient regarding such audit. The Sub -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 Sub -Recipient throughout the contract term to ensure timely completion of all tasks.
(14LIA, BILITY
a. unless Sub -Recipient is a State agency or subdivision, as defined in section
768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out
the terms of this Agreement and, as authorized by section x/68.28(19), Florida Statutes, Sub -Recipient
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, Sub -Recipient agrees that it is
not an employee or agent of the Division, but is an independent contractor.
b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a
state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully
responsible for its negligent or tortious 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 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of
sovereign immunity by any Sub -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.
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(15 DEFAULT
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 terminate and the Division has the option to exercise any
of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments
P
after any Events of Default without waiving the right to exetdise such remedies, and without becoming
liable to make any further payment if.
a. Any warranty or representation made by the Sub -Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub -
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. Material adverse changes occur in the financial condition of the Sub -Recipient at any
time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within
thirty (30) days from the date written notice is sent by the Division;
c. Any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information; or,
d. The Sub -Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(16 �, EMEDIES,.
If an Event of Default occurs, then the Division shall, after thirty (30) calendar days
written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30)
days, exercise any one or more of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty 30)
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 (3 herein;
Agreement;
b. Begin an appropriate legal or equitable action to enforce performance of this
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Sub -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:
Request additional information from the Sub -Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
ii. Issue a written warning to advise that more serious measures may. be taken
if the situation is not corrected,
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if!. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring
costs for any activities in question or
iv. Require the Sub -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.
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 Sub -Recipient, it will not affect, extend or
waive any other right or remedy of the Division, or affect thy, later exercise of the same right or remedy by
the Division for any other default by the Sub -Recipient.
(17 ,TERMINATION -
a. The Division may terminate this Agreement for cause after thirty (30) 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 Sub -Recipient to permit public access to any
document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, 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 Sub -Recipient with thirty (30) calendar day's prior written
notice.
c. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new
obligations for the terminated portion of the Agreement after the Sub -Recipient has received the
notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be
relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The
Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of
set-off until the exact amount of damages due the Division from the Sub -Recipient is determined.
(18 .PROCUREMENT
a. The Sub -Recipient shall ensure that any procurement involving funds authorized by
the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R.
§§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for
Non -Federal Entity Contracts Under Federal Awards").
b. As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain records
sufficient to detail the history of procurement. These records will include, but are not necessarily limited
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to the following: rationale for the method of procurement, selection of contract type, contractor selection
or rejection, and the basis for the contract price."
c. As required by 2 C.F.R. §200.318 b), the Sub -Recipient shall "maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub -
Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors
performing work under this Agreement.
d. The Sub -Recipient agrees to include in the subcontract that 1) 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 Sub -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.
e. As required by 2 C.F.R. §200.318(c)(1i{ the Sub -Recipient shall "maintain written
standards of conduct covering conflicts of interest and governing the actions of its employees engaged in
the selection, award and administration of contracts."
f. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any
procurement under this agreement "in a manner providing full and open competition." Accordingly, the
Sub -Recipient shall not:
business;
companies;
contracts;
Place unreasonable requirements on firms in order for them to qualify to do
ii. Require unnecessary experience or excessive bonding;
iii. Use noncompetitive pricing practices between firms or between affiliated
iv. Execute noncompetitive contracts to consultants that are on retainer
V. Authorize, condone, or ignore organizational conflicts of interest;
vi. Specify only a brand name product without allowing vendors to offer an
equivalent;
vii. Specify a brand name product instead of describing the performance,
specifications, or other relevant requirements that pertain to the commodity or service solicited by the
procurement,
viii. Engage in any arbitrary action during the procurement process; or,
ix. Allow a vendor to bid on a contract if that bidder was involved with
developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for
proposals.
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g. "[E]xcept in those cases where applicable Federal statutes expressly mandate or
encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a
geographic preference when procuring commodities or services under this Agreement.
h. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e.
sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057 1)(a), Florida Statutes.
i. The Sub -Recipient shall conduct any procurement involvingrequests for proposals
(i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1 b),
Florida Statutes.
j. For each subcontract, the Sub -Recipient shall provide a written statement to the
Division as to whether that subcontractor is a minority busiripss enterprise, as defined in Section 288.703,
Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321
("Contracting with small and minority businesses, women's business enterprises, and labor surplus area
firms").
k. If the Sub -Recipient chooses to subcontract any of the work required under this
Agreement, then the Sub -Recipient shall review its competitive solicitation and subsequent contract to be
awarded for compliance with the procurement standards in 2 C.F.R. §§200.318 through 200.326 and
required contract provisions in Appendix II to 2 C.F.R. Part 200. If the Sub -Recipient publishes a
competitive solicitation or executes a contract that is not in compliance with the Federal procurement
standards in 2 C.F.R. §§200.318 through 200.326 or the requirements of Appendix 11 to 2 C.F.R. Part
200, then the Sub -Recipient is on notice that the Division may:
L Terminate this Agreement in accordance with the provisions outlined in
paragraph (13) above; or,
ii, Refuse to reimburse the Sub -Recipient for any costs associated with that
solicitation.
w
I. FEMA has developed helpful resources' for subgrant recipients related to compliance
with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.326 and required contract
provisions in Appendix II to 2 C.F.R. Part 200. These resources are generally available at
https://www.fema.4ov/procurement-disaster-assistance-team.
(19 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:
L Exhibit 1 - Funding Sources
ii. Attachment A — Budget and Scope of Work
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iii. Attachment B — Program Statutes and Regulations
iv. Attachment C — Statement ofAssurances
V. Attachment D — Request for Advance or Reimbursement
vi. Attachment E — Justification of Advance Payment
vii. Attachment F — Quarterly Report Form
viii. Attachment G — Warranties and Representations
ix. Attachment H — Certification Regarding Debarment
x. Attachment I — Federal Fundiiig Accountability and Transparency Act
A. Attachment J — Mandatory Contract Provisions
xii. Attachment K — Certification Regarding Lobbying
(20 , PAYMENTS
a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as
applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-
bearing
nterestbearing account. If an advance payment is requested, the budget data on which the request is based and
a justification statement shall be included in this Agreement as 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. No advance shall be accepted for processing if a reimbursement has been paid prior
to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be
made on a reimbursement basis as needed.
b. Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60)
days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub -
Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement.
c. 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 (9)b. of this Agreement, all obligations on the part of the Division
to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout
report within thirty (30) days of receiving notice from the Division.
(21 .REPAYMENTS
a. All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Division of Emergency Management", and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
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b. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, Sub -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.
(22 .MANDATED CONDITIONS,
a. The validity of this Agreement is subjei t to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement,
in any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials are incorporated
by reference. The inaccuracy of the submissions or any material changes shall, at the option of the
Division and with thirty (30) days written notice to the Sub=Recipient, cause the termination of this
Agreement and the release of the Division from all its obligations to the Sub -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 Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101.et seg.) which protf!bits discrimination by public and private
entities on the basis of disability in employment, public accommodations, transportation, State and local
government services, and telecommunications.
e. 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.
f. Any Sub -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 or affiliates:
Are not presently debarred, suspended, proposed for debarment, declared
ineligible, voluntarily excluded or disqualified from covered transactions by a federal department or
agency; 'j
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ii. 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;
iii. 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
(22) f. ii. of this certification; and,
iv. 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.
g. In addition, the Sub -Recipient shall send to the Division (by email or by
facsimile transmission) the completed "Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion" (Attachment H)i for each intended subcontractor which Sub -
Recipient plans to fund under this Agreement. The form must be received by the Division before
the Sub -Recipient enters into a contract with any subcontractor.
h. The Division reserves the right to unilaterally cancel this Agreement if the Sub -
Recipient refuses to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, which the Sub1Recipient created or received under this
Agreement.
i. If the Sub -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.
j. The State of Florida will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a a [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 Sub -Recipient of the employment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Division.
k. Section 287.05805, Florida Statutes, requires that any state funds provided for the
purchase of or improvements to real property are contingent upon the contractor or political subdivision
granting to the state a security interest in the property at least to the amount of state funds provided for at
least 5 years from the date of purchase or the completion of the improvements or as further required by
�
law. i
I. The Division may, at its option, terminate the Contract if the Contractor is found to
have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
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J.R. SMITH, CLERK
Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have
been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.
(23 LOBBYING PROHIBITION
a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
b. Section 216.347, Florida Statutes, prohibits °any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
c. 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.
d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief.
i. No Federal appropriated fund; have been paid or will be paid, by or on
behalf of the Sub -Recipient, 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.
ii. 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 Sub -Recipient shall
complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities."
iii. The Sub -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 Sub -Recipients shall certify and disclose.
iv. 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.
(24 COPYRIGHT. PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING
UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
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RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER
OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA.
a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -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 Sub -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 Sub -Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Sub -Recipient to the State
of Florida.
c. Within thirty (30) days of execution of this Agreement, the Sub -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 Sub -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 exists. The Division shall then, under Paragraph (24) b., have the right to all
patents and copyrights which accrue during performance of the Agreement.
d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant
to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub -
Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is
inventions made jointly by one or more employees of both parties hereto, each party shall have an equal,
undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully -
paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted
or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida
government purposes.
(25 ;LEGAL AUTHORIZATION.
The Sub -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 Sub -
Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -
Recipient to the terms of this Agreement.
(26 ;EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
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part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
i. The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, sexual
orientation, gender identity, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that
employees are treated during employment,Wthout regard to their race,
color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
iii. The contractor will not discharge or in any other manner
discriminate against any employee or applicant for employment because
such employee or applicant has inquired about, discussed, or disclosed
the compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an
employee who has access to the compensation information of other
employees or applicants as a part of such employee's essential job
functions discloses the compensation of s66h other employees or
applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is
consistent with the contractor's legal duty to furnish information.
iv. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under
this section, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
V. The contractor will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
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vi. The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
vii. In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract qr with any of the said rules,
regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
viii. The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (8) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant
to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency the contractor may request
the United States to enter into such litigation to protect the interests of
the United States.
b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally assisted construction
work: Provided, that if the applicant so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such government
which does not participate in work on or under the contract.
c. The Sub -Recipient agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the
Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and that it will otherwise assist
the administering agency in the discharge of the agency's primary responsibility for securing compliance.
d. The Sub -Recipient further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted
) ,
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construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In
addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the
administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole
or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to
the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory
assurance of future compliance has been received from such Sub -Recipient; and refer the case to the
Department of Justice for appropriate legal proceedings.
(27 COPELAND ANTI -KICKBACK ACT
The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will
incorporate or cause to be incorporated into any contract for construction work, or modification thereof,
the following clause:
I. Contractor. The contractor shall comply with 18 U.S.C. § 874,
40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt: 3 as may be
applicable, which are incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may
by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract
clauses.
iii. Breach. A breach of the contract clauses above may be grounds
for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
(28 .CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department
of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
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that no laborer or mechanic must be required to work in surroundings or under working conditions which
4
are unsanitary, hazardous or dangerous. These requiremdhts do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation.
(29 CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $150,000, then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q
and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387), and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency EPA).
(30 SUSPENSION AND DEBARMENT
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R.
pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to
verify that none of the contractor, its principals (defined at 2 C.F.R. §
180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §
180.935).
ii. The contractor must comply with ZC.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C and must include a requirement to comply
with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon
by the Division. If it is later determined that the contractor did not comply
with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government
may pursue available remedies, including but not limited to suspension
and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements
of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this
offer is.valid and throughout the period of any contract that may arise
from this offer. The bidder or proposer further agrees to include a
provision requiring such compliance in its lower tier covered transactions.
(31 BYRD ANTI -LOBBYING AMENDMENT
If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended).
Contractors who apply or bid for an award of $100,000 or more shall file
the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or
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J.R. SMITH, CLERK
organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the
recipient.
If this subgrant agreement amount is $100,000 or more, the Sub -Recipient, and
subcontractors as applicable, shall sign Attachment K — Certification Regarding Lobbying.
(32 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS.
ENTERPRISES, AND LABOR SURPLUS AREA FIRM§,,
a. If the Sub, -Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
III. Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
V. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs i. through v. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as
°socioeconomic contracting," does not impose an obligation ito set aside either the solicitation or award of
a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out:.and
docs ument the six affirmative steps identified above.
c. The "socioeconomic contracting" requirement outlines the affirmative steps that the
Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
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d. The requirement to divide total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does not authorize the Sub -Recipient to break a single project down into
smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to
utilize streamlined acquisition procedures (e.g. "project splitting").
(33 ASSURANCES,
Attachment C.
The Sub -Recipient shall comply with any Statement of Assurances incorporated as
KI
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
,d•GpUP7 T Y C.
I -RECIPIENT: INDIAN RIVER CO ` TY.
Cc
By:
Ne e d title: Joseph E. Flesc
DjW December 1,2020
FID# 59-6000674
STATE OF FLORIDA
DMSION OF EMERGENCY MANAGEMENT
By:
Name and Title:. Jared Moskowitz, Director
Date:
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APPROVED AS TO FORM
LY- ioR�OP•aj, ANIDI LEGAL StiIWFIGIEI` Y
BY _
DYLAN 1RE1tvG01_0
00UNTY ATTORNEY
27 i"i
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
B
Deputy Clerk
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EXHIBIT —1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS
AGREEMENT:
Federal Program
Federal agency:.. Federal Emergency Management Agency: Hazard Mitigation Grant
Catalog of Federal Domestic Assistance title and number: 97e�039
Award amount: S 5%236.75
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
• 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
• The Robert. T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
• Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by
the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter-
Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264
• 31 CFR Part 205 Rules and Procedures for Funds Transfers
Federal Program:
1. Sub -Recipient is to use funding to perform the following eligible activities:
• Elevation of flood prone structures
• Other projects that reduce future disaster losses
2. Sub -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.
28
STATEMENT OF PURPOSE:
Attachment A
Budget and Scope of Work
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The purpose of this Scope of Work is to elevate historical property in Vero Beach, Indian River County,
Florida, funded through the Hazard Mitigation Grant Program HMGP) DR -4283-91-R, as approved by
the Florida Division of Emergency Management Division) and the Federal Emergency Management
Agency (FEMA).
The Sub -Recipient, Indian River County, agrees to administer and complete the project per the
application submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The
Sub -Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws,
Regulations and Codes.
-PROJECT OVERVIEW:
As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to elevate a historic single-
family residence, located at 7770 Jungle Trail, Vero Beach, Florida, 32963. Coordinates: (27.73482,
-80.39329).
The proposed project shall ensure that the structure will.be elevated one foot above the Base Flood
Elevation (T NAVD 88). A new foundation system consisting of concrete pads and piers shall be
constructed to support the structure. Any enclosed space at grade level shall have hydrostatic vents
and can only be used for storage or parking, in compliance with the Florida Building Code and/or local
floodplain ordinances or any other applicable local regulations.
The project shall provide protection against a 100 -year stof%n event. Activities shall be completed in strict
compliance with Federal, State and Local applicable Rules and Regulations.
TASKS DELIVERABLES'
A) „Ta, sks
1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and
execute a contract with the selected bidder to complete the scope of work as approved by the Division
and FEMA. The Sub -Recipient shall select -the qualified, licensed Florida contractor in accordance
with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All
procurement activities shall contain sufficient source documentation and be in accordance with all
applicable regulations.
The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment,
tools, transportation and supervision and for performing all work per conceptual designs and
construction plans presented to the Division by the Sub -Recipient and subsequently approved by the
Division and FEMA.
The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite
for the duration- of the work The contractor shall maintain all work staging areas in a neat and
presentable condition.
The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended
from participating in federally funded projects. .
The selected contractor shall have a current and valid occupational licenselbusiness tax receipt
issued for the type of services being performed.
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The Sub -Recipient shall provide documentation demonstrating the results of the procurement
process This shall, include a rationale for the :rnethod� Of procurement and selection of contract type,
contractorseleeton and/or rejection and bid tabulationiand listing, and the basis -of contract.price.
The. Sub -Recipient shall provide .an executed °Debarment; Suspension, Ineligibility, Voluntary
Exclusion form for each contractor..-and/or:subcontiactor performing services under this agreement.
Executed contracts with contractors and/or subcontractors shall be provided to the Division by the
Sub=Reclpieht t.
ontractors selected.to perform
-valid. occupational license or
y the selected=
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s
g) Verification that the property located within a SFHA is covered by an NFIP flood insurance policy
to the amount at least equal to the project cost or to the maximum limit of coverage made
available with respect to the particular property, whichever is less.
h) Confirmation that the Sub -Recipient (or property owner) has legally recorded with the county or
appropriate jurisdiction's land records a notice that includes the name of the current property
owner (including book/page reference to record of current title, if readily available), a legal
description of the property, and the following notice of flood insurance requirements:
This property has received Federal Hazard Mitigation Assistance. Federal law requires that
flood insurance coverage on this property must be maintained during the life of the propert
regardless of transfer of ownership of such property, pursuant to 42 U.S.C. §5154a, failure to
maintain flood insurance on this property may prohibit the owner from receiving Federal disaster
assistance with respect to this property in the event of a flood disaster. The property owner is
also required to maintain this property in accordance with the floodplain management criteria of
44 CFR 60.3 and City/County Ordinances."
Archeological Materials — Project affects undisturbed ground — potential for presence of
archeological resources. Projects that involve groundbreaking shall need written verification
from the Sub -Recipient that no archeological materials were discovered during project
construction.
j) Verification letter certifying that work followed the Secretary of the Interior's Standards for
Rehabilitation as codified in 36 CFR 67.7. (Foundation screening via picket will be placed at the
bottom of the house in replica of the existing picket, New foundation piers will mimic existing with
use of concrete/CMU, New front steps will mimic existing concrete stairs, Appropriate foundation
plantings native to the area and reminiscent of those found at historic homesteads to include
hibiscus and other similar shrubs) shall be included.
k) Permit(s) and verification of compliance; if no permit was needed — a letter stating, "No permit
required".
1) Proof of compliance with Project Conditions and Requirements contained herein.
3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement.
Adequate and complete source documentation shall be submitted to support all costs federal share
and local share) related to the project. In some cases, not all project activities may be fully complete
prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a
partial reimbursement may be requested.
The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with
each reimbursement request attesting to the completion of the work, that disbursements or payments
were made in accordance with all agreement and regulatory conditions, and that reimbursement is
due and has not been previously requested.
The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices
are accurate and any contracted services were rendered within the terms and timelines of this
agreement. All supporting documentation shall agree with the requested billing period. All costs
submitted for reimbursement shall contain adequate source documentation which may include but
not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and
invoices, payrolls, time and attendance records, contract and subcontract award documents.
Construction Expense: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted
by the contractors and subcontractors and pay the contractors and subcontractors for approved bills,
invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices,
and/or charges are legitimate and clearly identify the activities being performed and associated costs.
Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as
payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed
information describing tasks performed, hours devoted to each task, and the hourly rate charged for
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JR. SMITH, CLERK
each hour including enough information to calculate the hourly rates based on payroll records.
Employee benefits shall be clearly shown.
The .Division shall review all submitted requests for reimbursement for basic accuracy of information.
Further, the Division shall ensure that no unauthorized work was completed prior to the approved
project start date by verifying;vendor and contractor.invoices. The Division shall verify that reported
costs were,incurred in'the performance of eligible work, that the approved work was completed, and
thatthe mitigation measures are in compliance with the approved scope of work prior to processing
any requests for reimbursement
Review and approval of any third party in-kind services, if applicable, shall be conducted by the
Division in coordination with the Sub -Recipient Quarterly reports shall be submitted by the Sub -
Recipient and received by the Division at the times provided; in this agreement prior to the processing
of any reimbursement.
The:Sub=Recipientshall submit tothe.Division requests;forreimbursement of actual construction and
managerial costs%related to the project as identified, - n the project application, conceptual designs,
and construction plans. The requests for reimbursement shall include:
a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services
performed, description of services. performed, location of services performed, cost of services
performed,.name of service provider and any other, pertinent information;
b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for
invoiced services;
c) Clear identificationof amount of costs being requested for reimbursement as well as costs being
applied against the local match amount.
The Sub -Recipient's final, request for reimbursement shall include the final construction project cost.
Supportingdocumentation shall show that all contractors and subcontractors have been paid.
B) .. R@ ivembles:i.
Mitigation Activities consist of the elevation of a structure in Vero Beach, Florida, to include the
construction of a new foundation system consisting of concrete pads and piers to support the structure
and provide protection to a historic single family residence.
The project shall provide protection against a 100 -year storm event. Activities shall be completed in
strict compliance with Federal, State and Local applicable Rules and Regulations.
Provided Ahe Sub -Recipient performs in accordance with the Scope of Work outlined in this
Agreement; the Division shall reimburse the Sub -Recipient based on the percentage of overall
project completion.
,,PROJECT=CONDITIONS-AND REQUIREMENTS:
C) Engineering:
1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100%
complete and ready for the Division's Final Inspection. of the project.
2) TheSut�-Recipient shall provide.a copy of the Notice of Commencement, and a copy of the Certificate
of Occupancy or any locel offidial Inspection Report and/or Final Approval, as applicable.
3) The Sub -Recipient shall provide a copy of the Elevation Certificate prepared before mitigation, if
available.
4) The Sub -Recipient shallsubmit a copy of the Elevation Certificate prepared after mitigation, showing
the Base Flood Elevation and the elevation of all components.
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5) The Sub -Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards)
satisfying protect requirements on all products utilized.
6) All installations shall be done in strict compliance with the Florida Building Code or any local codes
and ordinances. All materials shall be certifiedto exceed the wind and impact standards of the current
local codes.
7) The Sub -Recipient shall follow all applicable State, Local and Federal Laws, Regulations and
requirements, and obtain (before starting project work) and comply with all required permits and -
approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may
jeopardize federal funding.
8) The Sub -Recipient shall submit a certified letter of completion from Engineer of Record. The Sub -
Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the project
has been completed in conformance with the approved project drawings, specifications, scope, and
applicable codes.
D) Environmental:
1) Sub -Recipient shall follow all applicable stateJocal and federal laws, regulations and
requirements, and obtain (before starting project work) and comply with all required permits
and approvals. Failure to obtain all appropriate federal, state, and local environmental
permits and clearances may jeopardize federal funding. If project work is delayed for a year
or more after the date of the categorical exclusion (CATEX), then coordination with and
project review by regulatory agencies shall be redone.
2) Any change, addition or supplement to the approved Scope of Work that alters the project
(including other work not funded by FEMA, but done substantially at the same time),
regardless of the budget implications, shall require re -submission of the application to
FEMA through the Division for National Environmental Policy Act NEPA) re-evaluation
before starting project work.
3) The Sub -Recipient shall monitor ground -disturbing activities during construction, and if any
potential archeological resources are discovered, shall immediately cease construction in
that area and notify the Division and FEMA.
If human remains or intact archaeological deposits are uncovered, work in the vicinity of the
discovery shall stop immediately and all reasonable measures to avoid or minimize harm to
the finds shall be taken. The Sub -Recipient shall ensure that archaeological discoveries
are secured in place, that access to the sensitive area is restricted, and that all reasonable
measures are taken to avoid further disturbance of the discoveries.
The Sub -Recipient's contractor shall provide immediate notice of such discoveries to the
Sub -Recipient. The Sub -Recipient shall notify the Florida Division of Historic Resources,
the Division's State Environmental Liaison Officer and FEMA within 24 hours of the
discovery. Work in the vicinity of the discovery may not resume until FEMA and the Division
have completed consultation with SHPO, Tribes, and other consulting parties,as necessary.
In the event that unmarked human remains are encountered during permitted activities, all
work shall stop immediately and the proper authorities notified in accordance with Florida
Statutes, Section 872.05.
4) Special Conditions required on implementation of projects:
a) All work must follow the Secretary of the Interior's Standards for Rehabilitation as
codified in 36 CFR 67.7.
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b) Foundation screening via picket will be placed at the bottom of the house in replica of
the existing picket.
c) New foundation piers will mimic existing with use of concrete/CMU.
d) New front steps will mimic existing concrete stairs.
e) Appropriate foundation plantings native to the area and reminiscent of those found at
historic homesteads (to include hibiscus or other similar shrubs) will be included.
5) Unusable equipment, debris and material shall be disposed of in an approved manner and
location. In the event significant items (or evidence thereof) are discovered during
implementation of the project, Sub -Recipient shall handle, manage, and dispose of
petroleum products, hazardous materials and toxic waste in accordance to the requirements
and to the satisfaction of the governing local, state and federal agencies.
6) If any asbestos containing material, lead based paint, and/or other toxic materials are found
during construction activities, the Sub -Recipient must comply with all federal, state and local
abatement and disposal requirements. Upon closeout, the Sub -Recipient must provide
Notice of Demolition or Asbestos Renovation forms and confirmation that any asbestos
containing materials were taken to an authorized landfill for such materials.
7) Construction vehicles and equipment used for this project shall be maintained in good
working order to minimize pollutant emissions.
E) Programmatic:
1) A change in the scope of work must be approved by the Division and FEMA in advance
regardless of the budget implications.
2) The Sub -Recipient must notify the Division 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 costs or earlier completion.
3) The Sub -Recipient must "obtain prior written approval for any budget revision which would
result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA.
4) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to
the expiration date. Therefore, any request for a Period of Performance Extension shall be
in writing and submitted, along with substantiation of new expiration date and a new
schedule of work, to the Division a minimum of! seventy 70) days prior to the expiration
date, for Division processing to FEMA.
5) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other
form of assistance, as required by Section 312 of the Stafford Act, and further clarification
in 44 CFR 206.191.
6) A copy of the executed subcontract agreement must be forwarded to the Division within 10
days of execution.
7) Verification of Flood Insurance, submitted to the Division for Closeout.
8) Special Conditions required on implementation of Project per National Historic
Preservation Act (NHPA):
a) All work must follow the Secretary of the Interior's Standards for Rehabilitation as
codified in 36 CFR 67.7.
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b) Foundation screening via picket will be placed at the bottom of the house in replica of
the existing picket.
c) New foundation piers will mimic existing with use of concrete/CMU.
d) New front steps will mimic existing concrete:stairs.
e) Appropriate foundation plantings native to the area and reminiscent of those found at
historic homesteads (to include hibiscus or other similar shrubs) will be included.
f) If human remains or intact archaeological features or deposits (e.g. arrowheads,
pottery, glass, metal, etc.) are uncovered, work in the vicinity of the discovery will stop
immediately and all reasonable measures to avoid or minimize harm to the finds will
be taken. The Sub -Recipient will ensure that Archaeological discoveries are secured
in place, that access to the sensitive area is. restricted, and that all reasonable
measures are taken to avoid further disturbance of'the discoveries. The Sub -
Recipient's contractor will -provide immediate =riotice of such discoveries to the Sub -
Recipient. The Sub-Recipient;shall contact the Florida Division of Historic Resources
and;FEMi4 within 24 hours. of `tlediscovery. Work in the vicinity of the discovery may
not resume until FEIVIA has ,completed consultation with SHPO, Tribes, and other
consulting parties asnecessary. In the event that unmarked human -remains are
encountered during=permitted.activities,-all4ork shall stop immediately and the proper
authorities notified]n accordance with Florida: Statutes, Section 572.05.
9) Special Conditions required on implementation of Project (per Resource Conservation and
Recovery Act, aka Solid Waste Disposal Act (RC AA):
a) Unusableequipment, debris and material shall be disposed of in an approved manner
and location. Inthe,event significant.items (or evidence thereof) are discovered during
implementation of the ' prpject, Sub -Recipient shall handle, manage, and dispose of
petroleum products, hazardous materials and toxic waste in accordance to the
requirements and to ,the satisfaction of the.governing local, state and federal agencies.
b) If any asbestos -containing material, lead based paint, and/or other toxic materials are
found during construction activities, the Sub -Recipient must comply with all federal,
state and local abatement and disposal requirements. Upon closeout, the Sub -
Recipient must provide Notice of Demolition or Asbestos Renovation forms and
confirmation that any asbestos containing materials were taken to an authorized landfill
for such materials.
This is FEMA project number 4283-91-R. It -is funded ;under HMGP, FEMA -4283 -DR -FL and must
adhere to all program guidelines established for the HMGP in with the PAS Operational
Agreement for Disaster 4283.
FEMA awarded this project on October 14, 2020; with a Pre -Award date of July 1, 2019; this Agreement
shall begin upon execution by both parties, and the Period of Performance for this project shall end on
ApAlf 6 2021.
F) ZINANCIAL_C.ONSEQUENCES
If the Sub -Recipient falls to comply with any term of the award, the Division shall take one or
more of the following actions, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the Sub -
Recipient;
35
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J.R. SMITH, CLERK
2) Disallow all or part of the cost of the activity or action not in compliance;
3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program;
4) Withhold further awards for the program; or
5) Take other remedies that may be legally available.
SCHEDULE OF WORK
State and Local Contracting:
$78,981.00
1 Month
$19,745.25
Construction PlaNTechnical Specifications:
$0.00
1 Month
$0.00
Bidding:
$78,981.00
1 Month
$19,745.25
Construction:
1 Month
Final Inspections:
1 Month
Closeout Compliance:
1 Month
Total Period of Performance:
6 Months
BUDGET
Line Item Budget*
Project Cost
Federal Share
Non -Federal Share
Materials*:
$56,200.00
$42,150.00
$14,050.00
Labor*:
$14,081.00
$10,560.75
$3,520.25
Fees*:
$0.00
$0.00
$0.00
Pre -Award:
$8,700.00
$6,525.00
$2,175.00
Initial Agreement Amount:
$78,981.00
$59,235.75
$19,745.25
***Contingency Funds:
$0.00
$0.00
$0.00
Project Total:
$78,981.00
$59,235.75
$19,745.25
Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's
approval, without an amendment to this Agreement being required, so long as the overall amount of the
funds obligated under this Agreement is not increased.
**This project has a Pre Award,. approved by FEMA in the amount of $8,700. 00 project costs with a start
date of July 1, 2019.
***This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation
Assistance Guidance Part VI, D.3.4 — Contingency funds are not automatically available for use. Prior
to their release, contingency funds must be re -budgeted to another direct cost category and identirted.
Post -award changes to the budget require prior written approval from the Division (FDEM). The written
request should demonstrate what unforeseen condition related to the project arose that required the use
of contingency funds.
Project Management costs are included for this project in the amount of $0.00
Funding Summary
Federal Share:
$59,235.75 75.00%
Non -Federal Share: $19,745.25 25.00%
Total Project Cost: $78,981.00 100.00%
36
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J.R. SMITH, CLERK
Attachment -:B
Program Ztatutewand"Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
1) The Robert T. Stafford Disaster ReliefandEinergency Assistance Act;
2) 44 CFR Parts 7; 9, 10, 13j,14 17, 1.8, 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 Assistance Guidance- February 27, 2015 Update; and
5) All applicable-laws.and,regulations-deli,, in Attachment C of this Agreement.
In addition to the above°statutes arid regulations, Ahe Sub -recipient must comply with the
following:
project, as described., in the
tfi anyApnd gppplicable codes; and standards in performing work.funded `:undertt is
J shalhprovide any appropt`iate'maintenance:and security, for the;project.
velopment permit issued -by, or development:actfvity undertaken by, the -Sub -recipient and
ri i tedTby or.engaged;in:by,the Sub -recipient,` shalhbe:consistent:with the
aocal
plan and°land development regulations prepared_'and adopted p.. u -, to;Chapter 163,
all tie; responsi , e for ensuring at;any de�eloprnent;permit issued and
ise undertaken is,:whert applicable, :also authonzed'`tiy:the Water
)epaitment of Environmental Protection, the Florida Department of
1:Commission,. and: any Federal; .State, or local environmental_ or land
mored The Sub -recipient agrees.that any. -repair or construction shall.
standards of safety,, decen�Cy, and sanity#ion, and m conformity with
:twu�;�:mcau�ns _ aria: sianaaras_
irvision at
required,
f:the hazard mitigation�project deschbed in,Attachment A includes: anacgUidition or relocation
hen the.Sub=recipient-sl `all ensure that, gas a:condition,of funding.under;:this Agreement, -the
,the affected real;propertyshall record rn-the public,records,of:the:county where'it-is: ocatiaothe
co%venants and _restrictions whichshall run innth andsapply to any property acquired; accepted, or
ch -o strvctu're 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 nanagement practices;
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
(2) No newttructure.will,be erected onproperttyot her than:
a. & public f1kility that is open -ondivs-kii,and' functionally related to a designed open
,
b. aretttbom; or
3) A strudtU"afjh!.,DJrec F.e ddrai[AEmergqncy
Management ftency approves in
nq- re comm of.the.co nstrudtion of, the structure;
4) After th6,d*-,'ofthq_-_acquisition ,--,orrelocation pp
.1i on: fbr disaster assistance for any
pprpose,:Ari `be`.rddie'.to any Federal pptit',,10 W, hadisaster assistance, will �be provided for
entity;`and.
ihb_1,p'rq_; P`qorty.'y,Any_ F` ed".l.sourcel-and:
5)lfahy,bfAhdi e,covenantsi,and,restd-1 violated.pythe� owner or by some me third, party
q_ e. ge.,,. shall be
I I _ :. ., I qty.,describ ed herein
with "th , , — -d' if theqWher;k-4de,4frn6 (j,1116 Prope
.0�kn' W11 d
conveyed, d:4,ti6 4ii.6 t` 44 'Im rove i a _T -of
0,�tcrtho,fttr th-1,ptemat . p, m. nt- rust Fund the .9 6,df
'her n6tiqb-464h6ioi"r,'� successors and 'assigns, and the owner, its
Pl6fi&Wth-6 utl ' iirt cc
.'su titld'and"interest in And to the property.
right;
bmit to.the.:regional
�r I eta[ regulations set
'ibo'UMteg�that-,additibng.ora'rne . dre W,10�.a
n
ivi v'byfbliState and -feddraiF.'agehices
Asia xe . minderAhe',SUO-recipient must oblWin..priora0proval4mm the State, 13bf.bre-implemenfing
changes toae approved protect )'
SPPIPIP, o f.Work (SOW) Pir1he.%Umil'brm Administrative. Requirements fbr
Scope
G-r- a nit and, Cooperative 16-t and
�'.Ioca
'grpernpri
Far .,iCo"nstructio n protects,,
,,th4'.graht
btiih.,pdor wnttenapprovaf for any budget
1 3(c));
4f FIR -
revrJs16nWh1dft'rd$6l0
qd6i(4C
2) Aa proved b : FEMA in advance regardless ofthe
y
budgOtAmOicitiok,.j ii d
3) The Sub
-i-te0pleritmust notif�,y.L.,the,�State:at.)lsoon,as significant developments become
known;;such as pa&ers
,aicondIfi6htAhatxnight raise costs or delay- completion,
of lower cost eahiercompletion. A -the'
Any eAerisions,61'
po dd,o-'pe fb mance,musA_ tie submitted, 'i—d.iA
FEMAsixty (60)-d
Pys prior toile project
Tha:Subrecipient assures that itwill,cp ply ,t'
corn ,.with' hefollowing statutes and regulations to the
extent opoc.016:
38
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J.R. SMITH, CLERK
(14) 2 CFR, Part 200 —Uniform Administrative: Requirements, Cost Principles, and Audit
Requirements. for Federal Awards
(15 Uniform 'Relocation Assistance and Rea[Property Acquisitions Act of 1970
16) Title I,,of=the.Omnibus:,Crime.ControUand Safe Streets Act of 1968
17) Juvenile _Justice and Delinquency Prevention Act; or the Victims of Crime Act
(18. Omh us, Crime Control and Safe Streets Act of 1968, as amended
19) victims -of Crime Adt (as appropriate)
(20 Section 504 of the' Rehabilitation Act of 1973, as amended
21) Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990)
22) Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and
Part`39
(23 42 U.S.C. 5154a
Kl!]
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J,R. SMITH, CLERK
Attachment -C
Statement of Assurances
To'the e)cteintlhe;follbvi(ingprovisions apply ',tothis A rda'-m1-t, the Sub -recipient certifies that:
g .,O n
a) It possesses1egalauthority to enter into this Agreement and to carry out the proposed program;
b) Its governing body has duly,adopted Qr,passed,as=anofficial act of resolution, motion or similar
action authoriii6q,th&.exedution of the :h6z
sir rhitigtitioh,a 9.reement with the. Division of
Einergeincy.,MAnagethL-ht-e(btM.,,, including; ilFuhdiars-tandiii'' in it,
and: 9P
Sub -recipient's or designee to actin
Jhe Su recipic
cohniadbdnWth"thes.applic'a'tit)n -and :-tb.,prbvidli§duch"add lonal:ihfbrrhation as may be required;
C)
d)
a)
0
as, and no Resident Commissioner,
fit. No member, officer,, or
rnember of the,govem1% Pody,of
)lic-]Oceilities
locality- &
i -the Otogr.am-dUdhb-.-,hf�-,,lte'nur'e or
,any contract or subco - ntmct, or,the
ziprbv!Wbn prohibiting -any
:urs,isin any
rece!vea,oy.,,,the ,,,§uo-recipient ma Y,"not:
befunded Vith fundsnprovide&underAhis Agreement
unless ,,pr Vj6uii, In wn ngb y,th Div Won. All "Sub -recipient _yjpprov. e. i "S Plant contracts: shall Contain
provisions -fbrAer ., M-1-hation for cause or convenience: and shall provide -for the method of payment
irr such .event;
It will -Comply with:
1) Co'ntf0dtzWbrWHQurs,and Safeit
y-Stiandardt-Act of 1962, 40 U.,S.C. 327 et seq., requiring
that1hbchAhh*and ]aborerd=(iPCIus Ing--wathl hm iqnznd-guards). emp
_16yed'on,faderally
assrstedcontracts'be,paid
"Ps than 0 their he and basic
wage excess -of forty hours in a workweek; and
2) Fe,.d,O-rail".Fair .-Labor .St6ndtirds;Acti.2�OU,8,'.Q.Section 201
-,
at 'seq,,requiring.that
h,at covered
empipyees'bappiwage; aIad t atthd bepai
one
and one=half 'rat6i*-, 91[ho'urs worked in excess�._of the Prescribed
.heilf times their basic Wage
work w6k.
It. Will comply,.With
1) Title�Vlofthe.:Civil
that
provided or'improved withthe aid: of
recipient,. th i,s. aisiuranize:sheill obij9p
such property, any transferee, for the
(P.'IL..,8.8 4-521,and the regulations issued pursuant
1 -ihtd_United States shall, on; the, grounds of race,
rom-'Patticip6tibh-ini-be�deni6d-.th6-�bdhdfi . ts,of, or be
under,iihyp' ro,
_grarn oractivity -forwhidh -the Su'bw
,si th' AndlI'1mmed1aWy1,1tak6.anv
15, rice, kmeiasures
real propert
y ybr structure thereon is
assistance extended - to the Sub-
th
"ub-4ecipient or in -the case-oftransfer of
period during which the real property or structure is
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J,R, SMITH, CLERK
used fora purpose for which :the° Federal f nancial-assistance is extended, or for another
purpgse involvingthe.peovision.ofsimilar-services orbenefits;
2) Any.prohibition: against: discrimination on the basis,of age under the Lige 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 qualifes handicapped individuals as provided in
Section 504-of=the Reba bilitationAct of1.973;.
3) Executnre Order 11246, as amended by Ezecutive�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,ornational origin in all,phases of
employment dunng,th"e p - ff, ance of'federal"or�federaliy assisted`construction
contracts, affirmafive action: -to insure fairtreatment in employment, upgrading, demotion,
or transfer, recruitment or,re' dh itrrient advertising; layofflterminabon, rates of pay or other
forms .Compensation, and electionfor training: and apprenticeship;
g). It will .establWh.safeguards to;prohibit employees.:frohn using, positions;,for a purpose that is or
gives the appearance o(eing motivated by<a desire forprivate gainforthemselves or others,
particularly those with whom they have family, .busine`ss;= or other ties: pursuant to Section 112.313
and Section 112 3135, Ion a Statutes:
h) -It will comply with the Anti -Kickback -Act of°:1;986, 41'-U:S C. Section 51 which outlaws and
present es penalties for:°kickbacks"°ofwage's m federally financed:or,assisted construction
activities;
i) It �will tom. ply with the=provisions of 18',U S C.;59,4,',,'-598; 600'-605 (further known as the Hatch Act)
which=limits the'=political_.activities o"mployees Y
j) It will comply with the flood insurance -purchase and;other requirements of the. Flood Disaster
Protection Act of`1973;. as amended, 42 U SC 4002-4107, including requirements regarding the
pur-chase.offlood insurance in communities*).where9such:insurance is availabl&asz condition for
the receipt0:anylir,ederal fnancial assistance for construction:or acquisition purposes -for use in
any area'having specialflood h'azard5 The phrase °Federal,financial assistance° includes any
form`of loan, grant, guaranty,, insurance payment, rebate .subsidy, disaster assistance loan or
k)
located
the Sub -recipient must -include a
f Propertyina Speciai`Flood Hazard
I the closeout request. verifying that
3ertie& The°Model
... -.. .... ._... ..__M_... tea. _ ..� ...... s.....
lith the
101-1'9.6
The Sub -
1) It,will, nconnection With..its,performance..of.environmenteiVassessments under -the National
Environmental Policy Act,of 1969; comply with Sectipn 1'06 of the National Historic Preservation
Act of 1966 (U:S'C 4:70), =Executive Order 11`593,;24 CFR, Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U:S;C:-469a-1, at seq.) by:
1) Consulting with the State Historic Preservation„Office.to identify properties listed in or
eligible for inclusion-in=the National°Register`ofUstoric`Places that -are subject'to adverse
effects=(see 36 CFR, Section 800:8)' by;the'.;proposed activity; and
41
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J.R. SMITH, CLERK
(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
FederalEmergencyManagement,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 implementingi6ection' 106-d the National Historic Preservation Act
(NHPm), 16: U `&C. 470(f) and implementing regulations in 36 CFR, Part 800.
4) When any ofthe Sub -recipient's K
historicproperty, as defined in 36
Management Agency_ (FEMA) ma
of work in consultation with the St
methods of reaair. or construction
significant
ded under this Agreement may affect a
8W(2)(e), the Federal Emergency
ie. Sub -recipient to review.the eligible scope
r'Preservation Office (SHPO) and suggest
iform with the recommended approaches
irds "for Rehabilitation and Guidelines for
indards), the Secretary of the Interior's
ion (Guidelines):(48 Federal: Register
of Interior standards. If FEMA determines
[no
eological>sites, and.the salvage, storage, and
esi that may otherwise be demolished.
5) The .Sub -recipient agrees to notify, FEMA and the. Division if any project funded under this
Agreement will:involve ground disturbinq-activities, including, but not limited to:
If the
of:
:o be accomplished to av
make recommendations
3vation of footings and foundations, and
;orm'drains, .electrical, gas, leach lines and
restricted solely, to areas previously
airtenance of such -utilities. FEMA will
At:archeological, properties may be present
willadvise: the Sub-reaipient on any
National Register eligibWarcheological
development of a treatment plan for the
or -archeological data from the property.
A
i4ecipient is .unable to avoid the,archeol
°object;
Fal property, develop, in consultation
idelines and take into account the
publication "Treatment of
)rward information regarding the
for review. If the, SHPO and the
rs of -receipt of the<treatment-plan,
treatment plan. ifeitherthe Council
vAth the project until,the objection is
6) The Sub=recipent'shalln otify the,Division and FEMA>as soon as practicable: (a) of any
changes in the<approved scope ofwork.fora:National Register eligible or listed,property;
(bj of all changes to'aproject that may resuit in a supplemental DSR or modify a 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 maybe
eligible;forinclusion in.the•National=Register. or affect a known: historic` property in an
unanticipated manner. The Sub-recipienfacknowledges that FEMA may require the Sub -
recipient o stop construction in:the'vicinity.of the discovery of a previously unidentified
property that, may eligible for inclusion in the National Register or upon learning that
construction may,affegt.A known_histonc property, in an,unanticipated=manner: The Sub -
recipient further acknowledges that FEMA may require the Sub -recipient to take all
42
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CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
reasonable measures°to avoid or minimize harm to such property. until FEMA concludes
consultaiton with the SHPO s,The Sub -recipient also acknowledges that FEMA will
requge, and the Sub -cep ptent`shall eomp y.)Mt, modifications to the "project scope of
work"necessary to implement re commendations;to address;the projectand the property.
7) The Sup -recipient acknowledges that, unless FEMA°specfically:•stipulates otherwise,- it
shall not receive funding for .projects when,_=with intent to,�avoid. the" requirements of the
PA ora a NHPA, the.Sub=recipient=intentionally=and significantly adversely:affects a
F stonc;property; or having the legal:,power #o prevent it, all owed such significant adverse
effect'to occur �I
m) It will cornpty with applicable' provisions of.,the following laws and policies prohibiting
discrimination:
1) Title VI of the',Civil RightiAck)f._I.64, as amended; which prohibits discrimination based
on "race;; colo, or'nat oval origin (including7iirnited English proficiency).
2): Seaton 504 of the Rehabilitation Act of 1973, as.amended; which :prohibits discrimination
based on tltsabihty
3): Title 1X of the Education Amendments Act! of 1972;" as amended; which ,prohibits
discntiimafion tiased:on sex.in education programs.,or activities.
4) Age "Disenminition,Act of 1975, which prolbtts discrimination based on age.
5)U S Department of'Homeland Security rd60atj6n-6 C:F.R. Part 19, which prohibits
discrirninatton tiased on religion in social service <Programs.
n) It,will comply with Title IX of the Education Amendments.of 1972, as amended (20 U.S:C. 1681-
1683 and1685.1686 which,p�ohibitsdiscnminatibn.`on the,basis of"sex;
o)" It,will comply with the Comprehenstve.=Alcohgl Abuse and Alcoholism Prevention, Treatment --and
$q-15' tat' Act of 197,0, (42 U S.C, 4521=45 94)"'relatmgto nondiscrimination on the basis of
alcohol:atiuse or:alcoholis'M,
.
p) It will comply with 523. and:527 ofthe Public„ HealthA�ServiceAct of 9912 (42 U.S.C. 290 dd-3 and
290 ee=3j as arsiended relating:to,confi ent ahty ofalcohol and drug.abuse patient records;
q) It w111�comply month Lead Based Palnt Poison Prevention _Act;(42 U S C. 4821 .et seq.) which
prohibitsthe use':of lead basedapaint;innstruction,of rehabilitation or residential strictures;
r) It will comply with,- Energy Policy and Conservation Act (P.L. 94-163, 42 U.$ C. 6201-6422),
and the,prvvtsions,of.the StateEnergy ConservattonsPlan adopted pursuant thereto;
s) It will comply with the Laboratory Animal Welfare Act of 1966, (7. US.C. '2161 21'59), pertaining to
the care, handling, and `treatment of warm blooded animals held.for. research; teaching; or other
activities=supported by,an ainiad of.ass�stance underthis-Agreement;
t) It will comply with;Tttle VIII "of the Civil Rights Act of 1;968;,(42. U:3.0 2000c and, 42 U.S.C..3601-
3619), as,:amended, relatingsto non=discnmmation inthe `sale, rental; or financirg of housing, and
Title VI of,the Civil RightsAct,of 1964(P.C. 88-352);:which prohibits discrimination on the basis of
race, color or.national origin;
u) It wilf comply wt`tfi ttie Clean ,Air Act of 1955," as,,O*nded; 42 U.S.C. 7401-7642;
V.) It wilhcomply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626
w) it will comply with" the endangered -Species ,Act of 1.973, 16 U- C.1531-1544;
R
43
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
(x) It.VAI.l�com'oiy-,.voth.-!t.he_intbrgoVemnientaI Personnel" -Act of 1970, 42 U.S.C. 47284763;
Y) It:will assist -thi§EiwOr..dingagency 'ih-:;assUnngco,ce
.plian 1he"Nafional Historic Preservation
, with
i2,70,
Act of r' h6hd' 'd ' 6 Ab'
z) it-,will,c6th,oiy4wrath -.environmental
,. , 'gitindards,.whichmay be prescribed pursuant to the National
V6
-tP61i - 6 ' 'C
Enyi, —vital Policy .- 3i
;'81. 4 7
.ap)1t.wi11 assist the awarding 'cy.:-1 with the Preservation of Archeological
agency in,assurihg.tdm0)iince
and, i6toridO[4 on,
Pr6sery Ad-' -A "''
&U09al
et, seq.;
-
bb �'Rehabilitation-.Adt of 1973, Section' 504, 29 U.S.C. 794, regarding non-
thithe
7a,'. On;
6c) -.ltW!Vcomply 'Huth the environmental,standards
,;Wh!6h.maybe prescribed. pursuant to the Safe
Ddh1dhg`WatdT 474 gartkg,the protection of uhd r4round. t
e
r
sources .
Wof
dd)' .11jq0s.,1Lah'dj1lVof the Unifbrm-;Relocabon Assistance and
men
62. 638 Whi
A' 1 khprovid 16fairand
_q
to
P. A
pq_ q ug A970;-�'
Act 42;U X
Ra r'
e a 09 -t -'df -ris,,"displaced br*hb*p-rbp4rty, is acquired as a result offederal or
q4q
Ndprograms;.
ee)
wgra s66) Itwinll"c0rholy, th the ld,--- gdthi6�"Riviam�Adt-,of,l9'68; 161 U S.C. 1271A287, related to
J, ', W1 , ' ; � I : 1. -
and
41 '�ail wild and Scenic i.rivers system;
'Pro' In q9 n 0nation
71
g
It Ai'�,'comply"y-Ah"th -1 -611 -, ke
._, ji Wh E- cutiveDrftlsEO 11:514 (NEPA); EO' 11.738 (violating
facl�t�es) EO 11:988 (Flgodplan Management), 1' W(Witlands); E012898
,- M 9
.Ryii,"tnenta -Jut i0e;;
0g), It:. I#m4.,.Wth.�,,the.C-64stal 0M&,:ReSource§�,')r-of .1'977, 16 U.S.C. 3510;
p
c
t
hh) It -,will assure prqJq _consir6t6ncy Wthj e approved,,State program developed under the Coastal
Zone
on _.Ma644mWActof 1472 46. X451 1441 and
ltwll,c6rn P lyW h-1hd.,.Fldh41hd' 00 hat
t Wildlife:C rdi i6hAct of 1958, 16 U.S.C. 661-666.
demolitionjj)th respect to activitiesitwill
1') Create and make available documentation sufficient to demonstrate,thatthe Sub -
""t" 't -i" havemanpower ah&eqUipm6rit-to
c,!Ont and demolition contractor ' ._
r h"
o igaii'ons,as-o.utl'ined�inthi't.Agreement.
2) Retum-,the'propiBrtyto,,its-naturol,;stitea§--thbugh,nolimprov.ements had ever been
contained erpon. -
3) F Aqlifi,. ed rson"q-1 I
-licenses an,al1qq4jp
ment, necessay to
U&EnVirohmdntdFPr6te
)n.and the, 06uriti Health
4) Pro'.VldiB,-'d6c6rrien.tation,of theInspection results for each structure to indicate:
a. Safety Hazard '
b. Hegl6'Haiards,Pre'sdnt psi
-c.
Haza�dau"s Materials .Present
44
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CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
(5) Provide supervision over contractors oremployees employed by the Sub -recipient to
remoye:asbestos and lead from demolished:or otherwise applicable structures.
6) Leave thedemolished site clean, level :and free: of debris.
7) N. ,Y the Diviiionpromptly pf,any unusuat,6 i6ting condition which hampers the
contracto i4drk.
8) Obtain IVrequired,perrnits:
9) Provndeaddresses and marked maps for each site where water wells and septic tanks
are.;
re to be closed along>wtth the number lls and septic tanks located on each site.
Provid 'Aocun enta'tion c_,_c losures
110 Comply --:.nth mandatory standards and policies, relating to energy efficiency which are
contained in the State Energy Consewatido, Plan -issued in compliance with the Energy
Policy'and ConservationAct (Public: Law 94=163).
(11 Complywith all appUcable standards; orders or requirements issued under Section 112
antl 306of the Clean Air Act:(42 U SC 1857h), .Section 508 of the Clean Water Act (33
U.S C.:1:368) _fxecutiV6 Order 11738, and",theU S. `Environmental -Protection Agency
regulat ons:(40 CFR, :Part 15:and 6.>1;) Thisclause.shalI be added to any subcontracts.
(12 Provide documentation of public notices for demolition activities.
45
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J.R. SMITH, CLERK
At.tachrnentD.
DMSION OF-EMERGENCY—]MANAGEMENT
REQUESTFOR ADVANCE" �,OR',,REIIIWI-BURSEIVIENT OF
HAZARD01,11'dA T -I O'N''A'S'S"Ilbt*CE` Pk GRAM FUNDS
SUB-6RECIPIENT: INDIAN -RIVER COUNTY
REMIT ADDRESS:
CITY: STATE: ZIP CODE:
PROJECT TYPE: Elevation PROJECT M 4283-91-R
PROGRAM: Hazard ,,Mkig aticn;,Gran tProg ra . n
CONTRACTM .-HOON
APPROVED BUDGET: FEDERAL SHARE: MATCH:
. . .. ......
AbVANCE*DR;'ECEIVED: WA
AMOUNT: SETTLED?
Invoice Period: TO Payment M
7
Eli able Amount j Obligated Federal Obligated:Nofi-
Arno
Division Use Only
000/w 'Amount Fetleral
-00%
*qwst)
Current 76. 261.606% Approved I _ -T —Comments
TOTAL CURRENT -REQUEST:
By signing.this •report, I-certify4o the best ofmy,knovAedge,and;'6kef that the report is true, complete, and accurate,
andAh6-6*pendft6i0s dliburiaments and cash =rdceiotsfsre for,1h',purposes and o4joctives set forth 1n,the terms and
conditibris:-6f.iha fed ra
the I am aware -1hat ,.any ,'fbIw i,.fidt idus, orftudulent lnfbrmafi . on, or the omission of. any
0
matenal fad, may subject me to criminal, civil administrative for fraud, false
statements, false claims or
othoftei Sedioh-1 001,afid:TM'e-'Ol,-,'Sedt.i'o'iiO 3729,3730 and 39014812.
SUS-RECIPIENTSIGNATURE:
NAME / TiTLE: DATE:
PROJECT TOTAL $
COST $
FOR PAYMENT $
TO BE COMPLETED BY THE DIVISION
46
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION ASSISTANCE PROGRAM
SUB -RECIPIENT: INDIAN RIVER COUNTY , PAYMENT #:
PROJECT TYPE: Elevation PROJECT #:
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CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
4283-91-R
PROGRAM: Hazard Mitigation Grant Program CONTRACT M H0566
- Recipients inrernai reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #)
3 Date of delivery of articles, completion of work or performance services. (per document)
4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and
name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line
item budget. Provide a brief description of the articles or services. List service dates per each invoice.
47
REF NOZ
DATE
DOCUMENTATION 4
(Check)
ELIGIBLE
AMOUNT
COSTS
100%
1
F,�
3 }y 3x' 'a
c�.f S 3,. �-7P
�' �r ? 3 My 3' x: v" l n y+• � q`� � E• ,.{f M �i �m
5 's .. 3 j �
� 4
y.c 2,5
:�. y...
Jv,'+ ..nZ�4 r°'.,
_
_tr3� u� - r5 .. l:i. e£=# . ,.f= t•;�' 'y f5c5 c=(` -ter". ^'�civS
„; yl
,'Y
2
'�-„i d
k �' T£X T'f
( fi e "-f'f C
;S F t i.: ri 4 }�a: ”. P ,.3 t «E.. £ k'TI,'.
4. tT
2 k-�• _
_:
wit
`3
,
-
5
e
�
- � 3.1 u� a` �*-x L..�`r" Yfr4
�
� `
�
q4r .� ?-� �'-..c��r•�`
�
q'i
�-4rf
E Y
=`
8
Ng
I
]t}F.
9
�x
t ] fh .%;' _
�{ ! tu.:l
3 `y } f : Y _- vs -�• "'� Y '` -
�.
:. d+
r—
C.S' i
`
v1
.,.
This payment represents % completion of the project TOTAL
- Recipients inrernai reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #)
3 Date of delivery of articles, completion of work or performance services. (per document)
4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and
name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line
item budget. Provide a brief description of the articles or services. List service dates per each invoice.
47
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J.R. SMITH, CLERK
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
SUB -RECIPIENT: INDIAN RIVER COUNTY i
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of payments
will be -made on a reimbursement basis. These funds are needed to pay
staff, -award benefits to clients, duplicate forms andpurchase start-up
supplies and equipment. We would not be able .to operate the program
without this advance:
If you are requesting an advance, complete the following chart and line item justification below.
PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for ninety
(90) days. SubmitAttachment'D with the cost share breakdown along with Attachment E and all
supporting, documentation.
.ESTIMATED;EXPENSES
BUDGET-CATEGORY/LINE ITEMS
20_=20_ Anticipated Expenditures for First Three
list applicable line items)
�� Months of Contract
f o.. example
ADMINISTRATIVE• COSTS
(Include Secondary Administration.
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM.JUSTIFICATION For each line item, provide a detailed justification explaining the
need'for the cash advance. The justification must include supporting documentation that clearly
shows the advance will be expended within the.first ninety (90) days of the contract term. Support
documentation should include quotes for purchases;; delivery timelines, salary and expense
projections, etc. to -provide the Division reasonable and necessary support that the advance will
be expended within -the first ninety (90) days of the contract term. Any advance funds not
expended within the first ninety (90) days of the contract term as evidenced by copies of Invoices
and cancelled checks as required by the Budget and, Scope of worts showing 100% of
expenditures for the 90 day period shall be returned -to the Division Cashier, 2555 Shumard Oak
Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest
earned on the advance.
48
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J.R. SMITH, CLERK
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
Instructions: Complete and submit this form to the appropriate Project Manager within fifteen (15) days
of each quarter's end date.
SUB -RECIPIENT: INDIAN RIVER COUNTY
PROJECT TYPE: Elevation
PROGRAM: Hazard Mitigation Grant Program
PROJECT #: 4283-91-R
II
CONTRACT #: H0566
QUARTER ENDING:
Advance Payment Information:
Advance Received ❑ N/A ❑ Amount: $ Advance Settled? Yes ❑ No ❑
Provide reimbursement Projections for this project (projections may change:
Jul -Sep 20_ $ Oct -Dec 20 $ Jan -Mar 20_ $ Apr -Jun 20_ $
Target Dates:
Contract Initiation Date:
Estimated Project Completion Date:
Contract Expiration Date:
Project Proceeding on Schedule? ❑ Yes ❑ No (If No, please describe under Issues below)
Percentage of Work Completed (maybe confirmed by state inspectors: %
Describe Milestones achieved during this quarter:
Provide a Schedule for the remainder of work to project completion: (Milestones from Contract with estimated dates)
Milestone Date
Describe Issues or circumstances affecting completion date, milestones, scope of work, and/or cost:
Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget
Additional Comments/Elaboration:
NOTE. Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at anytime.
Events may occur between quartedy reports, which have significant impact upon your project(s), such as anticipated
oven-uns, 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 sub grant award.
Person Completing Form:
Date Reviewed.
Actions:
— To be completed by Division staff —
Reviewer.
49
Phone:
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CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
Attachment G
Warranties and Representations
Financial Management
The Sub -Recipients financial management system must comply with 2 C.F.R. §200.302.
Procurements
Any procurement undertaken with funds authorized by this Agreement must comply with the
requirements of 2 C.F.R. §200, Part D—Post Federal Award Requirements—Procurement Standards 2
C.F.R. §§200.317 through 200.326).
_Business Hours
The Sub -Recipient shall have its offices open for business, with the entrance door open to the
public, and at least one employee on site, from: 5:00 AM - 5:00 PM, Monday Thru Friday, as
applicable.
Licensing and Permittinq
All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and
permits required for all of the particular work for which they are hired by the Sub -Recipient.
.
Ii
50
a
Attachment -1-1
y
Subcontractor Covered Transactions
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JR, SMITH, CLERK
The prospective subcontractor, of
the Sub -Recipient certifies, by submission of this document, that neither it, its principals, nor affiliates are
presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or
disqualified from participation in this transaction by any Federal department or agency.
SUBCONTRACTOR
By. . Indian, River, County
Signature i i Sub -Recipient's Name
_ Name -and Title
Street Address
City, State, Zip
We
51
H0566
DEM Contract Number
4283.91-R
FEMA Project Number
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i CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
Attachment I
Federal Funding Accountability and Transparency Act
Instructions and Worksheet
PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on
September 26, 2006. The intent of this legislation is to empower every American with the ability to hold
the govemment:accountabfe for each spending decision. The FFATA legislation requires information on
federal awards.(federal assistance and expenditures) be made available to the public via a single,
searchablewebsite, which is http://www.usaspending.gov/.
The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency
Management ("FDEM" or "Division") must use to capture and report sub -award and executive
compensation Aata regarding first-tier sub -awards that obligate $25,000 or more in Federal funds
(excluding. Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment
Act of 2009, Pub. L. 111--5).
Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give
clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below
should be filled out, signed, and retumed to the project manager.
ORGANIZATION AND PROJECT INFORMATION
The following; information must be provided to the FDEM prior to the FDEM's issuance of a sub -
award Agreement) that obligates..$25,000 or more in federal funds as described above. Please
provide the following information and return the signed form to the Division as requested.
PROJECT * 4283-91-R
FUNDING AGENCY: ::Federal Emergency Management Agency.
AWARD AMOUNT: $ 59,235.75
OBLIGATION/ACTION DATE: October 14, 2020
SUBAWARD DATE if applicable
DUNS#. 079208989
DUNS# +4:
52
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J R, SMITH, CLERK
*If your company or organization does not have a DUNS number, you will need to obtain one from Dun &
Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.com/webform . The process to
request a DUNS number takes about ten minutes and is free of charge.
ADDRESS LINE 3:
CITY
STATE ZIP CODE+4**
PARENT COMPANY DUNS# (if applicable):
CATALOG OF FEDERAL DOMESTIC ASSISTANCE CDA# :
DESCRIPTION OF PROJECT Up to 4000 Characters
As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to elevate a historic single-
family residence, looted at 7770 Jungle Trail, Vero Beach, Florida, 32963. Coordinates: (27.73482,
-80.39329).
The proposed project shall ensure that the structure will be elevated one foot above the Base Flood
Elevation 7' NAVD 88): A new foundation system consisting of concrete pads and piers shall be
constructed to support the structure. Any enclosed space at grade level shall have hydrostatic vents
and can only be used for storage or parking, in compliance with the Florida Building Code and/or local
floodplain ordinances or any other applicable local regulations.
The project shall provide protection against a 100 -year storm event. Activities shall be completed in
strict compliance with Federal, State and Local applicable Rules and Regulations.
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1:
ADDRESS LINE 2:..
ADDRESS LINE 3:
CITY
STATE �[� ZIP CODE+4**
"CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE:
**Providing the Zip+4 ensures that the correct Congressional District is reported.
;.EXECUTIVE COMPENSATION INFORMATION:
1. In your business or organization's previous fiscal year, did your business or organization (including
parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your
annual gross revenues from Federal procurement contracts (and subcontracts) and Federal
financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to
the Transparency Act, as defined at 2 CFR 170.320; , (b) $25,000,000 or more in annual gross
63
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J.R. SMITH, CLERK
revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial
assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the
Transparency Act?
Yes ❑ No ❑
if the answer to Question 1 is "Yes," continue to Question 2. if the answer to Question 1 is "No".
move to the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your
business or organization (including parent organization, all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a) or 15(d of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986?
Yes ❑ No ❑
If the answer to Question 2 is "Yes," move to the signature block below to complete the
certification and submittal process. [Note: Securities Exchange Commission information should
be accessible at hftpilwww.sec.gov/answers/oxecomp.htm. Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
appearing below to report the "Total Compensation" for the five (5 most highly compensated
"Executives", in rank order, in your organization. For purposes of this request, the following terms
apply as defined in 2 CFR Ch: 1 Part 170 Appendix A:
"Executive" is defined as "officers, managing partners, or other employees in management positions".
"Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the
most recently completed fiscal year and includes the following:
Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Earnings for services under non -equity incenth(p plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
V. Above -market earnings on deferred compensation which is not tax -qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
54
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JR. SMITH, CLERK
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion
Rank Total Compensation
Highest to Name for Most Recently
Lowest Last First MI Title Completed Fiscal Year
2
3
k
4
I
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCURATE.
SIGNATURE:
NAME AND TITLE:
DATE:
A
55 ii
Attachment J
Mandatory Contract Provisions
Provisions:
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CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in
Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required
provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be
required:'
Appendix 11 to Part 200—Contract Provisions for Non -Federal Entity
Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts
made by the non -Federal entity under the Federal award must contain provisions covering the following,
as applicable.
(A) -Contracts for more than the simplified acquisition threshold currently set at $150,000, which is
the inflation. adjusted amount determined by the Civilian Agency Acquisition. Council and the Defense
Acquisition Regulations Council (Councils) -As authorized by41 U.S.C. 1908; must address
administrative, contractual, or legal .remedies.in instances where contractors violate or breach contract
terms, and provide.for such sanctions-and.pen ' ties_as-appropriate.
(B) All contracts in excess of'$10;000 must. -address termination for cause and for convenience by
the:non-Federal .entity;induding4hengnn6.r by which it will be.affected and the basis for settlement.
(C) Equal Emp"I-
contra
oyment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must
include the -equal opportunity -clause provided under 41 CFR 60-1.4(b), in accordance with Executive
Order 11246, "Equal'Employment Opportunity" (30'FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.
339); as amended by Executive Order 11375, °Amending~Executive Order 11246 Relating to: Equal
Employment Opportunity," and implementing _regulations at 41 CFR part 60, "Office of Federal Contract
Compliance Programs Equal. Employment Opportunity, ,Department of Labor."
(D),:Daws-Bacon Act,::as amended (40 U.S:C. 3141=3148). When required by Federal program
legislation, d1V rime construction contracts in excess. of $2;000 awarded by non -Federal entities must
include a provision"for compliance with the:Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Departmentof.Labor regulations (29 CFR -Part 5, "Labor Standards. Provisions
Applicableto;Contraets:CoveringFederallyFinancedantl Assisted Construction"). In accordance with the
statute;..contractors'must,be'required;to.�p'ay wages to laborers and mechanics:at a rate not less than the
prevailing wagesspecified in -.a wage determination made by. the Secretary of Labor. In addition,
contractors must<be required to pay wages not less than once a week. The non -Federal entity must place
a copy of the current; prevailing wage determination issued by the Department of Labor in each
solicitation. The.decision to award -.a contract or subcontract. must be conditioned upon the acceptance of
the wage determination. The non -Federal entity must reportall suspected or reported violations to the
Federal:awarding agency. Ther contracts must also include:a,provision for compliance with the. Copeland
"Anti=lGckback" Act (40 U:SC. 3145), as supplemented by;Department of Labor -regulations (29 CFR Part
3, "Contractors.and Subcontractors on:'Public; Building or Public.Work Financed in Whole or in Part.by
Loans,or. Grants from the -United States"). The Act-providesthat each contractor or Sub -recipient must be
prohibited from1nducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any part of.the compensation to which he or she is otherwise entitled. The non -
Federal entity must report all suspected or reported violations to the Federal awarding agency.
' For example, the Davis -Bacon Act is not applicable to HMGP subgrants, but sub -recipient can include
the provision.
56
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J,R. SMITH, CLERK
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFk'Part 5). Under 40 U.S.C. 3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable
to construction work and provide that no laborer or mechanic must be required'to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or Sub -recipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that "funding
agreement," the recipient or Sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
(G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non -Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency EPA).
(H) 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 (42
U.S.C. 6201.
(1) Debarment and Suspension (Executive Orders 12549 and 12689 A contract award (see 2
CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in
the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 3 CFR Part 1989
Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
(J) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) --Contractors that apply or bid for an award
of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non -Federal award.
(Iq See § 200.322 Procurement of recovered materials.
FEMA provided the 2019 PDAT Contract Provisions Template for sub -recipients. It is available at
httos://www.fema.gov/media-library-data/1569959119092-
92358d63e00d17639d5db4de015184c9/PDAT ContractNbyisionsTemolate 9-30-19.0
57
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J.R. SMITH, CLERK
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable
to construction work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or Sub -recipient Wishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research worts under that "funding
agreement," the recipient or Sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
(G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non -Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) 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 (42
U.S.C. 6201).
(1) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in
the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989
Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
(J) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
of $100,000 or more must file the required certification, Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non -Federal award.
(K) See § 200.322 Procurement of recovered materials.
FEMA provided the 2019 PDAT Contract Provisions Template for sub -recipients. It is available at
hftps://www.fema.gov/media-library-datall 569959119092-
92358d63eOOdl7639d5db4deOl5l84c9/PDAT ContractProvisionsTemplate 9-30-19.0
57
Attachment k
Certification Regarding•Lobbying
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
0F,FIrwE.
Check the appropnate :box
❑ This Certification Regarding Lobbying is -required because the Contract, Grant, Loan, or
Cooperative Agreement will; exceed;$100 000 pursuant to 2 C.F.R. Part 200, Appendix 11(I); 31
.0
.&C. § 1352, and 44 C.F R Part`18.
❑ fihis Certification Is not.requiredbecause the,Contract; Grant, Loan, or Cooperative Agreement
will'W'Idss;,than$100 000.
APPENDPX 44 CFR., PART 18 - CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative -Agreements
The undersignedcertifies, to the best of,his or her.knowiedgeand belief, that:
4 No Federal5appropnatedfuvds; have been pard orwlll be paid:by or on: -behalf of the_undersigned, to
any person for influencing or attempting to Influence an officer oremployee of in agency; a Member
of Congress, an officer` employee of`Congress, r. an emplgyee:of,a Member of Congress In
connection wrth the awadmg of any Federal'eontra`the-making ofany-Federal grant;'the malting of
anFederal loan, the entenng into of any eoopere _4 agreement; andahe extension, contirWation,
renewal; amendment;,or modification of any. FedeW4ontroct-grant, loan, or cooperative agreement
I
2. If any funds other�thgn-FoOerraliappropOatiDd funds have:.been paid.or will. be paid to any.. person#or
Influencing or attempting:to influence an officenor employeeof:any a agency, Member of.Congress,
an'Acer-or employee of Congress, Oran employee of a Mernber of Congress -in connection with this
Federal contract=grant;loan,,orc�operabve agreement, the undersigned1shall complete and -submit
Standard Form -LLL, °pisdosure Fomiao Repoit.Lotit ying;n`in<aixordance Wthlts instructions.
3.
included.in;the wmrd ,
ants, and contracts under
shall certify;and !disclose
This certification is a material representation of fact upon whicl :reliance was placed when this transaction was
made or entered Into Swtmission of this>cerbfictionis,a preriequisite;for making or entering into this
transaction imposed by se66n!'1352--tit!e 3-1"U'-"", . Code Any personmho fails to file the:required.eertification
shall be sUbio to.a civil penalty of not less.than$10,'000 and not more than $10Q;000 for each such failure.
ne auo-rkeclpient or suoeontractor, certifies or affirms the
vthfulness_ and accuracy of eacH. statement of its certification;and disciosure, if any.. In addition; the Contractor
Inderstands and agrees that the;provlsions of 31 U S C Chap: 38, Administrative Remedies for -False Claims
Ind, Statements; applyao #hts certification and disdosure, if any:
Si nature of $ut�Reci ient/subcontrdc�oi's�AiithonzedOfficia =��-``�
Name and Title of SulrRek:ipient/subiontractor's Authorized.OffioWI
Date - ... .. - ,
58
D.C.