HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-083Temp. Reso. No. 12983
July 12, 2017
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017 -�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA ACCEPTING AND EXECUTING
THE GRANT AGREEMENT IN THE AMOUNT OF $194,000
FROM THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT HURRICANE LOSS MITIGATION
PROGRAM FOR FISCAL YEAR 2017-2018 ATTACHED
HERETO AS EXHIBIT 1"; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A GRANT
AGREEMENT BETWEEN THE FLORIDA DIVISION OF
EMERGENCY MANAGEMENT AND THE CITY OF
TAMARAC IN THE AMOUNT OF $194,000 TO PROVIDE
MITIGATION RETROFIT IMPROVEMENTS FOR
RESIDENCES IN THE CITY OF TAMARAC; PROVIDING
FOR CONFLICTS; PROVIDING, FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida. Division of Emergency Management, Hurricane Loss
Mitigation Program (HLMP) provides grant funds for projects to improve wind resistance
of single unit residences; and
WHEREAS, the City of Tamarac Community Development Department provides a
housing assistance program to its residents for storm mitigation through its various housing
grant programs; and
WHEREAS, the City is a prior recipient of HLMP formerly known as the Residential
Construction Mitigation Program (RCMP) grant and desires to expand the funding
available to provide increased assistance for storm mitigation for Tamarac residences;
and
WHEREAS, the City Manager and the Director of Community Development
recommend acceptance of grant funds and execution of the grant agreement between
the Florida Department of Emergency Management and the City of Tamarac; and
Temp. Reso. No. 12983
July 12, 2017
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WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to accept grant funding to
improve wind resistance of residences in the City of Tamarac and authorizes the
appropriate City officials to execute a Florida Division of Emergency Management HLMP
grant agreement in the amount of $194,000, attached as Exhibit 1.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA that:
Section 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All Exhibits attached hereto are incorporated herein and made a specific part
of this Resolution.
Section 2: The City Commission of the City of Tamarac HEREBY accepts the
Hurricane Loss Mitigation Program (HLMP) grant award and authorizes the appropriate
City officials to execute an HLMP grant program agreement between the City of Tamarac
and the Florida Department of Emergency Management in the amount of $194,000.
Section 3: All Resolutions or parts of Resolutions in conflict herewith are HEREBY
repealed to the extent of such conflict.
Section 4: If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
Temp. Reso. No. 12983
July 12, 2017
Page 3 of 3
Section 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS ! ,-)- DAY OF 1 , 2017.
e
C r
r.
HARRY IJRESSLER, MAYOR
H. DRESSLER
M. BOLTON
M. GOMEZ
J. FISHMAN
D. PLACKO
ATTEST:
PATRICIA TEUFEL,
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
SAMUEL S. GOREN,
/CITY ATTORNEY
Agreement Number: 18HL-AG-11-16-02-XXX
Project Number: HLMP2018-026
STATE -FUNDED GRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and City of Tamarac,
(hereinafter referred to as the 'Recipient').
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) LAWS, RULES, REGULATIONS AND POLICIES
a. As required by Section 215.971(1), Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that
the Sub -Recipient is required to 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 each deliverable.
iii. A provision specifying the financial consequences that apply if the Sub -
Recipient fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the 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.
vi. A provision specifying that any funds paid in excess of the amount to which
the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the
Division.
b. In addition to the foregoing, the Recipient and the Division shall be governed by all
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.
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(2) CONTACT
a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant
Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and
shall serve as the Division's liaison with the Recipient. As part of his/her duties, the Grant Manager for
the Division shall:
payment.
i. Monitor and document Recipient performance; and,
ii. Review and document all deliverables for which the Recipient requests
b. The Division's Grant Manager for this Agreement is:
George Williams, Project Manager
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: 850-815-4515
George.Williamsiuu-em.myflorida.com
c. The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mr. Michael C. Cernech
City Manager
7525 NW 88 Ave #206
Tamarac, Florida 33321
Telephone: 954-597-3539
Email: Coleen.Christiena.tamarac.org
d. In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided to the other party.
(3) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(4) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(5) MODIFICATION
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(6) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
OA
(7) PERIOD OF AGREEMENT
This Agreement shall begin July 1, 2017 and shall end on June 30, 2018, unless
terminated earlier in accordance with the provisions of Paragraph (16) of this Agreement. 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.
(8) FUNDING
a. This is a cost -reimbursement Agreement, subject to the availability of funds.
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 Recipient only for allowable costs incurred by the
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 $ 194,000.00.
d. 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.
e. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the grant agreement period
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Recipient.
f. For the purposes of this Agreement, the term "improper payment" means or includes:
i. Any payment that should not 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 payment for 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
discerning whether a payment was proper.
(9) RECORDS
a. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of
the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the
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right of access to any documents, financial statements, papers, or other records of the Sub -Recipient
which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts.
The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the
purpose of interview and discussion related to such documents.
b. 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 -
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.
c. 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
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.
d. 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
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and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and
regulations.
(10) AUDITS
a. 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)."
b. 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."
c. 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 days after the Division has notified the Sub -Recipient of such non-
compliance.
d. The Sub -Recipient shall have all audits completed by an independent auditor, which
is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant
licensed under chapter 473." The independent auditor shall state that the audit complied with the
applicable provisions noted above. The audit must be received by the Division no later than nine months
from the end of the Sub -Recipient's fiscal year.
e. The Sub -Recipient shall send copies of reporting packages required under this
paragraph directly to each of the following:
The Division of Emergency Management
DEMSingle Audita-em.mvflorida.com
DEMSingle—Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
ii. The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
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(11) REPORTS
a. The Recipient shall provide the Division with quarterly reports and a close-out report. These
reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
b. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of
the program year and shall be sent each quarter until submission of the administrative close-out report.
The ending dates for each quarter of the program year are March 31, June 30, September 30 and
December 31.
c. The close-out report is due 60 days after termination of this Agreement or 60 days after
completion of the activities contained in this Agreement, whichever first occurs.
d. If all required reports and copies are not sent to the Division or are not completed in a manner
acceptable to the Division, the Division may withhold further payments until they are completed or may
take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the
work product was completed in accordance with the Budget and Scope of Work.
e. The Recipient shall provide additional program updates or information that may be required by
the Division.
f. The Recipient shall provide additional reports and information identified in Attachment D.
(12) MONITORING.
a. The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
b. In addition to reviews of audits conducted in accordance with paragraph (6) above,
monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope
audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division determines that
a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
M
(13) LIABILITY
a. Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat.,
the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and
shall hold the Division harmless against all claims of whatever nature by third parties arising from the
work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not
an employee or agent of the Division, but is an independent contractor.
b. Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.,
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, Fla. Stat. Nothing herein is intended to serve as a
waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall
be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(14) 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, if the Division elects, terminate and the Division has the option to
exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or
partial payments after any Events of Default without waiving the right to exercise such remedies, and
without becoming liable to make any further payment:
a. If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to
keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement
with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations
under this Agreement;
b. If material adverse changes occur in the financial condition of the Recipient at any time
during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days
from the date written notice is sent by the Division.
c. If any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete or insufficient information;
d. If the Recipient has failed to perform and complete on time any of its obligations under this
Agreement.
(15) REMEDIES.
If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to
the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of
the following remedies, either concurrently or consecutively:
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a. Terminate this Agreement, provided that the Recipient is given at least thirty days prior
written notice of the termination. The notice shall be effective when placed in the United States, first class
mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph
(13) herein;
b. Begin an appropriate legal or equitable action to enforce performance of this Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Recipient refund to the Division any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
i. request additional information from the 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,
iii. advise the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
iv. require the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
f. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Division from pursuing any other remedies
in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any
other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(16) TERMINATION.
a. The Division may terminate this Agreement for cause after thirty days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure
to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or
other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
b. The Division may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further
expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
c. The 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 Recipient will not incur new obligations for
the terminated, portion of the Agreement after the Recipient has received the notification of termination.
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The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the
termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division
because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law,
withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the
Division from the Recipient is determined.
(17) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval before it is executed by the
Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the
terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of worts under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to whether
that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(18) ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this Agreement and
the attachments, the language of the attachments shall control, but only to the extent of the conflict or
inconsistency.
c. This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A — Budget and Scope of Work
Attachment B — Program Statutes and Regulations
Attachment C — Statement of Assurances
Attachment D — Request for Reimbursement of Funds
Attachment E — Justification of Advance Payment
Attachment F — Quarterly Reports
Attachment G — Warranties and Representations
Attachment H -- Certification Regarding Debarment
(19) REPAYMENTS
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:
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Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(20) MANDATED CONDITIONS
a. The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later
submission or response to a Division request, or in any submission or response to fulfill the requirements
of this Agreement. All of said information, representations, and materials is incorporated by reference.
The inaccuracy of the submissions or any material changes shall, at the option of the Division and with
thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the
Division from all its obligations to the Recipient.
b. This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be
null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
d. This Agreement may be executed in any number of counterparts, any one of which may be
taken as an original.
e. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-
336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the
basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
f. Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with a public entity, and may not transact business with any public entity in excess of $25,000.00
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for a period of 36 months from the date of being placed on the convicted vendor list or on the
discriminatory vendor list.
g. Any Recipient which is not a local government or state agency, and which receives funds
under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it
and its principals:
i. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
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 19(g)2. 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.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
h. The State of Florida's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature, and subject to any modification in accordance with
Chapter 216, Fla. Stat. or the Florida Constitution.
i. All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
j. Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla.
Stat.
k. The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses
to allow public access to all documents, papers, letters or other material subject to the provisions of
Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
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If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,
any interest income shall either be returned to the Division or be applied against the Division's obligation
to pay the contract amount.
m. The State of Florida will not intentionally award publicly -funded contracts to any contractor
who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")].
The Division shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
n. The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla.
Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any
subcommittee making recommendations to the governing board. All of these meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the
public in accordance with Chapter 119, Fla. Stat.
o. All expenditures of state financial assistance shall be in compliance with the laws, rules and
regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for
State Expenditures.
p. The Agreement may be charged only with allowable costs resulting from obligations incurred
during the term of the Agreement.
q. Any balances of unobligated cash that have been advanced or paid that are not authorized to
be retained for direct program costs in a subsequent period must be refunded to the State.
(21) LOBBYING PROHIBITION
a. No funds or other resources received from the Division under this Agreement maybe used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
b. The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
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
12
with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit
Standard Form-LLL, "Disclosure of Lobbying Activities."
iii. The Recipient shall require that this certification be included in the award documents
for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(22) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
a. If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
b. If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery
or invention to the Division for a determination whether the State of Florida will seek patent protection in
its name. Any patent rights accruing under or in connection with the performance of this Agreement are
reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are
produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the
performance under this Agreement are transferred by the Recipient to the State of Florida.
c. Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could
give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing
intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The
Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during
performance of the Agreement.
(23) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. The
Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
13
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment C.
14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
By. 1 � --> J > I v v
Name and title: ^
Date: 7 — /� 171
FID# 59-1039552
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
Bryan W. Koon, Director
oam .
15
APPROVED AS C77,01, TO LEGAL F RNI
tfV
0 OF TH CITY ATTORNEY
DATED.
EXHIBIT —1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project — Residential Construction Mitigation Program
State awarding agency: Division of Emergency Management
Catalog of State Financial Assistance title: Residential Construction Mitigation Program
Catalog of State Financial Assistance number: 31.066
Amount of State Funding: $ 194,000.00
Attachment A
Budget and Scope of Work
HISTORICAL BACKGROUND
In 1993, the Legislature created the Florida Hurricane Catastrophe Fund ("Cat Fund"). Codified in section
215.555, Florida Statutes, the Cat Fund: (1) provides a form of reinsurance for residential property
insurers; and, (2) authorizes the expenditure of certain moneys to support programs that mitigate
hurricane losses.
Section 215.555 requires that each insurance company pay premiums into the Cat Fund; those premiums
are calculated based on actual catastrophic exposure. Initially, the Cat Fund collected from both
"Participants" and "Non -Participants." The term "Participants" refers to insurers who provide residential
policies and small business commercial policies covering structures and contents; the term "Non -
Participants" refers to insurers who provide property and casualty coverage. The latter is broader than
the former; and, the former falls under the broader category of the latter. In other words, "Non -
Participant" coverage includes "Participant" coverage; but, "Non -Participant" coverage also includes other
types of insurance.
The State Board of Administration oversees the Cat Fund, which qualifies as a trust fund under state law.
In 1994, the Internal Revenue Service ("IRS") issued a letter addressing the status of the Cat Fund for
Federal income tax purposes. Recognizing that Participant contributions to the Cat Fund make the Fund
look like a taxable, reinsurance program, the IRS nonetheless concluded that revenue earned by the Cat
Fund qualifies as tax-exempt. In reaching this conclusion, the IRS focused on two, key components of
the program: (1) the Non -Participant contributions; and, (2) the fact that the "State will appropriate
moneys from the Fund each year and expend such moneys for specified purposes which are unrelated to
its obligations under the Contracts." Thus, in finding the Cat Fund tax exempt, the IRS relied at least in
part on the mandatory use of some Cat Fund moneys for the public purpose of hurricane loss mitigation.
For fiscal year 1997-1998, the Legislature appropriated the $10 million from the Cat Fund and split that
appropriation into three categories: $4.1 million to match grants from the Federal Emergency
Management Agency; $3.1 million going to the Residential Construction Mitigation Program under the
Department of Community Affairs; and, $2.8 million for sand dune restoration.
Citing policy considerations, Governor Chiles vetoed the $2.8 million appropriation for sand dune
restoration. In his veto message, Governor Chiles stated that "[f]unding of these projects from these
funds would set the wrong precedent; these funds should be for the purpose of enhancing residential
mitigation."
Despite the IRS' reliance on Florida's assertion that it would annually appropriate at least $10 million in
Cat Fund moneys for hurricane loss mitigation programs, Governor Chiles' decision to veto the sand dune
appropriation reduced that year's overall mitigation appropriation down to $7.2 million.
In 1999, the Florida Legislature passed the "Bill Williams Residential Safety and Preparedness Act" ("the
Act"). With an effective date of July 1, 2000, the Act created the Hurricane Loss Mitigation Program
("HLMP") as outlined in section 215.559, Florida Statutes.
The House of Representatives staff analysis describes the purpose of the Act as follows: "This bill
creates the Hurricane Loss Mitigation Clearing Trust Fund ("HLMCTF") to receive transfers from the
Florida Hurricane Catastrophe Fund ("Cat Fund") to provide funding for hurricane mitigation programs."
Addressing the concern that another line item veto could threaten the tax exempt status of the Cat Fund,
the analysis goes onto state: "The creation of the HLMCTF assures that the $10 million will be
appropriated from the Cat Fund, thus making it less likely that a line item veto will jeopardize the tax
exempt status of the Cat Fund."
17
PRESENT SITUTATION
Currently, the Legislature annually appropriates $10 million from the Florida Hurricane Catastrophe Fund
to the Florida Division of Emergency Management ("Division") for the Division to administer the HLMP.
By statute, that $10 million is allocated as follows:
• $3.5 million to "to improve the wind resistance of residences and mobile homes, including loans,
subsidies, grants, demonstration projects, and direct assistance; educating persons concerning
the Florida Building Code cooperative programs with local governments and the Federal
Government; and other efforts to prevent or reduce losses or reduce the cost of rebuilding after a
disaster."
• $3 million "to retrofit existing facilities used as public hurricane shelters"
• $2.8 million "to inspect and improve tie -downs for mobile homes"
• $700,000 "to the Florida International University center dedicated to hurricane research"
Previously, the Division allocated $3.5 million for the Residential Construction Mitigation Program
("RCMP"), which provided grant funding to governmental entities, nonprofit organizations, and qualified
for -profit organizations as a means to improve the resiliency of residential structures within their
communities. The RCMP utilized a benefit -cost analysis (BCA) for each of the submitted projects in
order to determine whether the mitigation retrofits were cost-effective.
Presently, the Division seeks to expand the $3.5 million HLMP appropriation beyond just the RCMP.
Going forward, the Division will allocate $3.5 million for construction mitigation efforts that will "prevent
or reduce losses or reduce the cost of rebuilding after a disaster" — provided that the construction:
• Involves a structure; and,
• Does not supplant any other mitigation grant program funded by or through the Division.
Current mitigation grant programs funded by or through the Division that involve structures include:
• Elevating residential structures; and,
•Tearing down residences and converting the real property into perpetual greenspace;
Therefore, no HLMP construction mitigation proposal shall duplicate either of the two mitigation grant
programs outlined above.
The Recipient will provide mitigation retrofit improvements as identified in RFP-DEM- 16-17-048 on as
many qualified structures as possible during the period of performance for this Agreement and
within the awarded amount. The Division of Emergency Management's (Division) Property
Information Sheet (PIS) will be the controlling document that monitors expenditures for the approved
mitigation properties.
All structures shall be located in the geographical boundaries of the State of Florida and be approved
by the Division. The Recipient shall focus on a comprehensive approach that ties together all aspects
of mitigation.
The Recipient shall be responsible for the implementation, management, coordination, and
facilitation of all aspects related to the mitigation retrofit projects approved under this RFP.
After the execution of a State -Funded Grant Agreement, the Recipient shall conduct an inspection of
properties and identify a group of properties eligible for mitigation retrofit improvements. The Recipient
shall submit a list of those properties to the Division within forty-five days of the signed and
executed contract. The Recipient shall submit property information and the estimated mitigation costs
on a 2018 Property Information Spreadsheet (PIS) pdf provided by the Division at the time of award
18
or contract execution. Color photographs of the structures (four elevations, all openings to include
doors, roof pictures at least level with the roof, condition of the soffit and fascia, interior attic pictures,
and any other visual documentation for additional mitigation) are required with the submission of the
PIS. Color photographs are to be sent in jpeg form to the Division for review. The Recipient may
identify additional properties over the course of the fiscal year until all awarded funds are expended
(see table 1).
Authorized mitigation retrofit improvements include
a) Replacement of roof sheathing;
b) Replacement of roof covering;
c) Strengthening of roof deck attachment;
d) Installation of secondary water barrier;
e) Installation of hurricane straps;
fl installation of window and door opening protection;
g) Installation of hurricane resistant windows and doors;
h) Brace bottom chord gable end;
i) Anchoring of wall or floor units to the foundation; and,
j) Other mitigation construction efforts involving structures provided that the construction does
not supplant any other mitigation grant program funded by or through the Division.
The intent of the program is to mitigate a structure comprehensively. Comprehensive mitigation takes
into account as many facets of mitigation as can be achieved given the Recipient's budget for an
identified structure. Where a comprehensive approach cannot be implemented, the Recipient must
clearly justify (i.e., structure has already been partially mitigated or structure does not otherwise
require certain measures) the reasons for the deviation. All awarded funds must be directly related to
mitigation improvements.
The Division will conduct a benefit -cost analysis (BCA) for each of the submitted properties to
determine if the mitigation retrofits are cost-effective. The BCA results in a numerical ratio
expression of the cost-effectiveness of a mitigation project and is calculated as: total project
mitigation benefits divided by total project mitigation costs. A property with a BCA ratio of one or
greater has more benefits than costs and is therefore considered cost-effective. Some of the
submitted properties may receive a BCA ratio of less than one (1). However, if the combined BCA
ratio for the submitted group of properties is equal to one (1) or greater the group of properties
may be approved. Specific properties may be added or withdrawn if necessary in order to
achieve a combined BCA of one (1) or greater.
Upon the Recipient receiving a BCA score of (1) or greater, the Division will alert the Recipient to begin
the processing of open bidding for construction services. It is important to note that no construction
shall be started prior to the Division's approval of the mitigation improvements.
The HLMP grant is a reimbursable grant. Therefore, no Pre -award costs are authorized. Further, the
19
Recipient should secure funding in order to ensure maximum performance. The Division expects that
each Recipient will fully spend their awarded grant amount. The Division retains the right to review
Recipient performance and take corrective action at any time. The following Tasks and Deliverables will
be achieved in order for the Recipient to be reimbursed.
Task 1 (Identification and inspection): The Recipient shall identify structures for possible
mitigation improvements. Then, the Recipient shall conduct a comprehensive mitigation inspection of
all identified structures. The mitigation inspection shall be performed by a state certified mitigation
inspector or local building official. The inspector shall identify any previous mitigation improvements
as well as any mitigation deficiencies. The inspector shall further ensure that all necessary information
is given to the Recipient (i.e. measurements, counts, and applicable notes). Additionally, the inspector
shall opine whether the structure can be retrofitted to effectively improve structural survivability.
Task 2 (Submission of the PIS): The Recipient shall submit to the Division a PIS for each
s t r u c t u r e identified for possible mitigation retrofits. The Recipient will provide all the
requested information for each structure, to include color photographs. The electronic PIS will be
provided to the Recipient by the Division. The original document should not be altered in any way. As
part of the submission, the Recipient shall identify whether:
a) the structure is on grade or not;
b) any unpermitted work has occurred at the structure; and,
c) , if any outstanding liens or judgments are attached to the structure or its underlying
property.
Task 3 (Scope of work development): The Recipient shall develop a Scope of Work (SOW) for
each property approved by the Division. The SOW shall be based on all the mitigation retrofit
measures identified on the PIS and approved by the Division. If required by the local building
official, certified drawings will be developed for mitigation improvements and approved by a State of
Florida Registered Professional Engineer or Florida Registered Architect as required. The Recipient
shall select a Qualified, Licensed Florida Contractor in accordance with the Recipient's procurement
policy to complete the SOW for each Division approved structure.
Task 4 (Construction): Upon completion and approval of Tasks 1 through 3 by the Division, the
construction phase shall commence. The Recipient, or its Subcontractors, shall complete all mitigation
retrofit measures as approved by the Division that have been identified on the PIS. The minimum
level of required service includes, but is not limited to the completion of all or some of the mitigation
retrofit measures identified the PIS. All construction work shall be completed by a Qualified and
Licensed, Florida Contractor.
Task 5 (Final inspection): Upon completion of the mitigation retrofit improvements, a post
inspection must be performed by the Recipient and a member of the Division's Technical Unit t o
ensure that all activities on the scope of work have been properly completed in compliance with
issued building permits, as well as, any and all applicable Florida Building Codes, local building
codes, industry standards and Manufacturer's Specifications.
Requests for reimbursement: During the course of the Fiscal Year, the Recipient is required to
submit, at a minimum quarterly, Request for Reimbursements (RFR). The recipient is required
to submit a quarterly report on the progress of the overall project. T h e q u a r t e r l y r e p o r t
is due no later than 15 calendar days past the end of the quarter
( s e e t a b I e 1 ) . Documentation is required to support each RFR, Examples of supporting
documentation are provided below for both construction expenses and administrative expenses. In
some cases, all the mitigation retrofit improvements may not be fully completed; however, a
partial reimbursement request may be submitted. Additional documentation in the form of an
Affidavit signed by the project manager attesting to the completion of the work identified in RFR is
20
required
Construction expenses (Direct): The Recipient will pre -audit bills, invoices, and/or charges
submitted by the subcontractors and pay the subcontractors for approved bills, invoices, and/or
charges. Recipient will submit Reimbursement Requests (Attachment D) to the Division with
copies of Subcontractor's bills, invoices, and/or charges and Proof -of -Payment by the Recipient in
the form of cancelled checks, payroll records, electronic payment verification, etc. The Recipient
shall ensure that the Contractor's Invoice clearly identifies each mitigation item installed.
Administrative expenses (Indirect): The Recipient shall provide 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 each hour
including enough information to calculate the hourly rates based on payroll records. Employee benefits
must be clearly shown. Ten percent of the amount completed in pursuit of direct activities may be
claimed for administrative expenses. The Recipient is eligible to claim up to $19,400 in a total indirect
rate if the Recipient expended all $194,000.
DEL IVERABL E&
Deliverable 1 (Identification and inspection): The Recipient will provide to the Division a copy of the
mitigation report provided by a certified mitigation inspector or building official.
Due Date: Mitigation reports identifying the recipients selected structures are due within forty-five (45)
days of the final contract execution date. The Recipient may continue to identify additional properties for
addition to the project until April 15, 2018 at which no additional properties will be considered for
mitigation activity.
Reimbursement: Provided the expenses do not exceed the amounts authorized by this Agreement, the
Division will reimburse the Recipient for the Administrative expenses (at a rate of 10% of the direct
activities billed) and expenses associated with property identification, plan development, and inspection
services.
Deliverable 2 (Submission of the PIS): Based on the work described in Tasks 1 and 2, the
Recipient shall submit, in an electronic format, the completed Initial Property Information Spreadsheet
(PIS). All the requested information identified by the PIS is required and shall be provided,
including multiple color photographs provided in digital format. The color photographs may be sent by
email, one structure per email, or via the Division's File Transfer Protocol (FTP) site. The HLMP
Project Number and property owner name must be in the subject line of an email. In the FTP method,
each property shall be in a separate file. The file names need to be short but identifiable. File
names such as last name and address number (jones1234), or recipient's tracking number on the
PIS. Approval of individual properties will be based on a combined BCA ratio.
Due Date: Initial PIS is due within forty-five (45) days of the final contract execution date. Recipient
requested addition or deletion of properties is due by April 15, 2018.
Reimbursement: Provided the expenses do not exceed the amounts authorized by this Agreement,
the Division will reimburse the Recipient for the Administrative expenses (at a rate of 10% of the direct
activities billed) and Construction Expenses associated with property identification, plan
development, completion, and submission of the initial Division's Property Information Spreadsheet
(PIS).
Deliverable 3 (Scope of work development): Based on the work described in Task 3, the
21
Recipient shall submit, in an electronic format, a spreadsheet that contains the following information:
a) Recipient Name and HLMP Project Number;
b) Property Owner's Name;
C) Selected Contractor's Name and date of Contractor selection for each mitigation
measure;
d) Detailed description of mitigation activities to be implemented on each structure that
includes unit count, measurements, material and labor costs; and,
e) Florida Product Approval Code for each mitigation product to be installed.
Due Date: Within fourteen days of Contractor selection.
Reimbursement: Provided the expenses do not exceed the amounts authorized by this Agreement,
the Division will reimburse the Recipient for the Administrative Expenses (at a rate of 10% of the direct
activities billed) associated with each approved Property's SOW, bidding process, or Contractor
selection and creation of detailed spreadsheet.
Deliverable 4 (Construction): Based on the work described in Task 4, the Recipient shall provide
a Request for Reimbursement (RFR) Package that includes the following information:
a) Recipient's Invoice, to include;
1. The Period of Performance;
2. A breakdown of material and labor cost;
3. Description of Work Performed; and,
4. Payment amount requested for reimbursement.
b) Request for Reimbursement; (Attachment D)
1. Signed and dated Summary Page with relevant Detail Pages;
2. Sub -Contractor's Invoice:
a. Sub -Contractor Name;
b. Property owner name and address;
C. Date work performed;
d. Exact mitigation measure completed; and,
e. Amount requested for each mitigation measure,
3. Copies of Canceled Checks or Electronic Funds Payment Verification;
22
4. Quarterly Report; and,
5. Affidavit of Partial Competition (if applicable).
Due Date: Deliverable 4, is due on a regular basis, but shall be submitted at least quarterly,
starting with the first quarter after the final Agreement execution date and every quarter thereafter. It
shall include the quarterly report. The quarterly submission is due fifteen (15) calendar days after the
close of the quarter.
Reimbursement: Provided the expenses do not exceed the amounts authorized by this Agreement,
the Division will reimburse the Recipient for the Administrative Expenses (at a rate of 10% of the direct
activities billed) and Construction Expenses associated with all the mitigation retrofit improvements.
The mitigation retrofit improvements may not be fully completed; however, a partial
reimbursement request may be submitted.
Deliverable 5 (Final inspection): Based on the work described in Task 5, the Recipient shall
provide a Final Close -Out Package digital media device that will include the following:
a) Request for Final Inspection, which may be sent ahead of the storage device to expedite
scheduling of final inspection, on agency/company letter head identifying the HLMP
Project number, contract number and must include the following statements:
1. The project is 100% complete;
2. Scope of Work for each structure has been completed; and,
3. All relevant building Codes and Standards have been satisfied.
b) A digital media device that contains electronic folders for each individual property.
The folders must have PDF formatted documents for each of the following:
1. Approved PIS;
2. Scope of Work;
3. Color Photographs, in digital format, documenting mitigation work (pre and
post);
4. Building Permit;
5. Post -Inspection Reports/Certificates of Completion for each structure;
6. Florida Approved Product Codes, Miami -Dade Approval Codes, Notice of
Acceptance/Product Approvals; and,
7. All applicable Lien Waivers.
C) An Electronic Spreadsheet to include;
1. Homeowner's Name;
2. Homeowner's Address;
23
3. Pre and Post Inspection Dates;
4. Retrofit Measures Completed; and,
5. Retrofit Cost;
Due Date: A request for closeout is to be received by the Division on or before June 15, 2018.
Reimbursement: Provided the expenses do not exceed the amounts authorized by this Agreement,
the Division will reimburse the Recipient for the Administrative Expenses and Construction Expenses
associated with Final Closeout preparation, final inspections, and any additional mitigation
performed as required by final inspection. The "Final Reimbursement Request" must be
submitted by August 15, 2018.
Financial Gonseguences: If the recipient fails to comply with any term of the award, the
Division shall take one or more of the following actions, as appropriate in the circumstances:
a) Temporarily withhold cash payments pending correction of the deficiency by the recipient;
b) Disallow all or part of the cost of the activity or action not in compliance;
C) Wholly or partly suspend or terminate the current award for the recipient;
d) Withhold further awards for the program; or,
e) Take other remedies that may be legally available.
Key Deliverable Dates: The key deliverable dates are designed to aid the Recipient in fully expending
the awarded grant funding. The Division will monitor the Recipient's performance by using the following
dates as markers. Should the Recipient fall off this schedule, the Division will reach out to the Recipient
and work towards an appropriate correction. The Division retains the right to review all Recipients for
performance. Further, should the Recipient need additional time, the Recipient need only to demonstrate
a work plan to the Division. These dates assume blue sky conditions throughout the life of the grant.
Should the Division or the Recipient be impacted by disaster, event, or incident, the deliverable dates
would be altered.
24
KEY ACTIVITY
DUE DATE
COMMENT
Deliverable 1:
No later than
Additional structures may be
Identification and Inspection
30 days post contract
considered for mitigation until April
execution.
15, 2018.
Deliverable 2:
No later than 45 days
Submission of the PIS
post contract execution.
Deliverable 3:
No later than 14
Scope of Work
business days after
Development
vendor selection.
Deliverable 4:
To be completed by
Completion of all mitigation retrofit
Construction
June 1, 2018.
work.
Deliverable 4:
No later than August
Cannot be released until the Division
Final Invoice
15, 2018.
receives recommendation to close
out the project by the Technical Unit.
Deliverable 5:
No later than June 15,
Final Inspection
2018.
BUDGET: The Budget is designed to account for HLMP Awarded Funds. Each invoice and request
for reimbursement should clearly identify the amount of HLMP funds requested and provide
supporting documentation.
This is RCMP Project Number HLMP18-026, City of Tamarac., The Period of Performance for this
project shall start July 1, 2017 and ends June 30, 2018.
RFP-DEM-16-17-048
EXPENDITURE
AWARD
CATEGORIES
Salary &
Benefits
Other
Personnel /
Contractual
Services
Administrative
$19,400
Expenses
174,600
$
Expenses
$194,000
Totals
25
Attachment B
Program Statutes and Regulations
Section 215.559, Florida Statutes
Hurricane Loss Mitigation Program
Section 215.422, Florida Statutes
Payments, warrants, and invoices; processing time limits;
dispute limitation; agency or judicial branch compliance
Section 215.97, Florida Statutes
Florida Single Audit Act
Section 215.971, Florida Statutes
Agreements funded with federal and state assistance
Section 216.347, Florida Statutes
Disbursement of grant and aids appropriations for lobbying
prohibited
Section 216.3475 Florida Statutes Maximum rate of payment for services funded under General
Appropriations Act or awarded on a noncompetitive basis
Section 287.056, Florida Statutes Purchases from purchasing agreement and state term contract
Section 287.057, Florida Statutes Procurement of commodities or contractual services
CFO MEMORANDUM NO. 04 (2005-06)Compliance Requirements for Agreements
Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Recipient certifies that:
(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action
authorizing the execution of the hazard mitigation agreement with the Division of Emergency
Management (DEM), including all understandings and assurances contained in it, and directing
and authorizing the Recipient's chief administrative officer or designee to act in connection with
the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit. No member, officer, or
employee of the Recipient or its designees or agents, no member of the governing body of the
locality in which this program is situated, and no other public official of the locality or localities
who exercises any functions or responsibilities with respect to the program during his tenure or
for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds, for work be performed in connection with the program assisted under this Agreement.
The Recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose stated above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain
language to provide for termination with reasonable costs to be paid by the Recipient for eligible
contract work completed prior to the date the notice of suspension of funding was received by the
Recipient. Any cost incurred after a notice of suspension or termination is received by the
Recipient may not be funded with funds provided under this Agreement unless previously
approved in writing by the Division. All Recipient contracts shall contain provisions for termination
for cause or convenience and shall provide for the method of payment in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that
mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half times their basic
wage rates for all hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work -week.
(f) It will comply with
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the
Recipient received Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
27
provided or improved with the aid of Federal financial assistance extended to the
Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of
1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of
age or with respect to otherwise qualifies handicapped individuals as provided in Section
504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other
forms of compensation; and election for training and apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives
the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties pursuant to Section 112.313
and Section 112.3135, Florida Statutes;
(h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes
penalties for "kickbacks" of wages in federally financed or assisted construction activities;
(i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
(j) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
For sites located within Special Flood Hazard Areas (SFHA), the Recipient must include a FEMA Model
Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA
Grant Funds executed by the title holder with the closeout request verifying that certain SFHA
requirements were satisfied on each of the properties. The Model Acknowledgement can be found at
www.fema.gov/governmenta/grant/sfha_conditions.shtm
(k) It will require every building or facility(other than a privately owned residential structure) designed,
constructed, or altered with funds provided under this Agreement to comply with the "Uniform
Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for
general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The
Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(1) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR, Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
28
(1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible
for inclusion in the National Register of Historic Places that are subject to adverse effects
(see 36 CFR, Section 800.8) by the proposed activity; and
(2) Complying with all requirements established by the State to avoid or mitigate adverse effects
upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal
Emergency Management Agency, the Florida State Historic Preservation Office, the
Florida Division of Emergency Management and the Advisory Council on Historic
Preservation, (PA)" which addresses roles and responsibilities of Federal and State
entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16
U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800.
(4) When any of the Recipient's projects funded under this Agreement may affect a historic
property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management
Agency (FEMA) may require the Recipient to review the eligible scope of work in
consultation with the State Historic Preservation Office (SHPO) and suggest methods of
repair or construction that will conform with the recommended approaches set out in the
Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's
Guidelines for Archeological Documentation (Guidelines) (48 Federal Register
44734-37), or any other applicable Secretary of Interior standards. If FEMA determines
that the eligible scope of work will not conform with the Standards, the Recipient agrees
to participate in consultations to develop, and after execution by all parties, to abide by, a
written agreement that establishes mitigation and recondition measures, including but not
limited to, impacts to archeological sites, and the salvage, storage, and reuse of any
significant architectural features that may otherwise be demolished.
(5) The Recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation of footings and foundations, and
installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and
septic tanks) except where these activities are restricted solely to areas previously
disturbed by the installation, replacement or maintenance of such utilities. FEMA will
request the SHPO's opinion on the potential that archeological properties may be present
and be affected by such activities. The SHPO will advise the Recipient on any feasible
steps to be accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the recovery or
archeological data from the property.
If the Recipient is unable to avoid the archeological property, develop, in consultation with
SHPO, a treatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council) publication "Treatment of
Archeological Properties". The Recipient shall forward information regarding the
treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the
Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may
direct the Recipient to implement the treatment plan. If either the Council or the SHPO
object, Recipient shall not proceed with the project until the objection is resolved.
(6) The Recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes
in the approved scope of work for a National Register eligible or listed property; (b) of all
changes to a project that may result in a supplemental DSR or modify 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 may be eligible for
inclusion in the National Register or affect a known historic property in an unanticipated
manner. The Recipient acknowledges that FEMA may require the Recipient to stop
construction in the vicinity of the discovery of a previously unidentified property that may
29
eligible for inclusion in the National Register or upon learning that construction may affect
a known historic property in an unanticipated manner. The Recipient further
acknowledges that FEMA may require the Recipient to take all reasonable measures to
avoid or minimize harm to such property until FEMA concludes consultation with the
SHPO. The Recipient also acknowledges that FEMA will require, and the Recipient shall
comply with, modifications to the project scope of work necessary to implement
recommendations to address the project and the property.
(7) The Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not
receive funding for projects when, with intent to avoid the requirements of the PA or the
NHPA, the Recipient intentionally and significantly adversely affects a historic property, or
having the legal power to prevent it, allowed such significant adverse affect to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683
and 1685-1686) which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which prohibits
the use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and
the provisions of the State Energy Conservation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the
care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this Agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.0 2000c and 42 U.S.C. 3601-
3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and
Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of
race, color or national origin;.
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626
(v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act
of 1966, as amended, 16 U.S.C. 270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and
Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.;
30
(aa)lt will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
(bb)lt will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs;
(dd)lt will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting
components or potential components of the national wild and scenic rivers system;
(ee)lt will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities);
EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental
Justice);
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(gg)It will assure project consistency with the approved State program developed under the Coastal Zone
Management Act of 1972, 16 U.S.C. 1451-1464; and
(hh)lt will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
(1) Create and make available documentation sufficient to demonstrate that the Recipient and its
demolition contractor have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
(2) Return the property to its natural state as though no improvements had ever been contained
thereon.
(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in the Recipient's jurisdiction to detect the presence of asbestos
and lead in accordance with requirements of the U.S. Environmental Protection Agency,
the Florida Department of Environmental Protection and the County Health Department.
(4) Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazard Present
b. Health Hazards Present
c. Hazardous Materials Present
(5) Provide supervision over contractors or employees employed by the Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
(6) Leave the demolished site clean, level and free of debris.
(7) Notify the Division promptly of any unusual existing condition which hampers the contractor's
work.
(8) Obtain all required permits.
(9) Provide addresses and marked maps for each site where water wells and septic tanks are to
be closed along with the number of wells and septic tanks located on each site. Provide
documentation of closures.
31
(10)Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
(11)Comply with all applicable standards, orders, or requirements issued under Section 112 and
306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR, Part 15 and 61). This clause shall be added to any subcontracts.
(12)Provide documentation of public notices for demolition activities.
32
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM FUNDS
RECIPIENT NAME: CITY OF Pompano Beach
ADDRESS: 7525 NW 88 Ave #206
CITY, STATE, ZIP CODE: Tamarac, FL 33321 Project Number: HLMP18-026
PAYMENT No: DEM Agreement No: 18HL-AG-1 1-1 6-02-XXX
Eligible
Amount
100%
Obligated
Federal
%
Obligated RCMP
100%
Previous
Payments
Current
Request
DEM Use Only
Approved
Comments
N/A
TOTAL CURRENT REQUEST: $
I certify that to the best of my knowledge and belief the above amounts are correct, and that all
disbursements were made in accordance with all conditions of the Division agreement and payment is
due and has not been previously requested for these amounts.
RECIPIENT SIGNATURE
NAME AND
TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT
APPROVED PROJECT TOTAL $,
I ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
33
Attachment D
(Continued)
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE WORK UNDER THE
RESIDENTIAL CONSTRUCTION MTIGATION PROGRAM
RECIPIENT: CITY OF Tamarac PROJECT #:
H LM P2018-026
CONTRACT# 18HL-AG-11-16-02-XXX FEMA TRACKING #: N/A
Applicant's
Reference No.
(Warrant,
Voucher, Claim
check, or
Schedule No.)
Date of delivery
of articles,
completion of
work or
performance
services.
DOCUMENTATION
List documentation (applicant's payroll, material out of
applicant's stock, applicant owned equipment and name of
vendor or contractor) by category and line item in the
approved project application and give a brief description of
the articles or services.
Applicant's
Eligible Costs
100%
TOTAL
34
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT: CITY OF Tamarac
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 and
purchase 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.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS
20_-20_ Anticipated Expenditures for First Three Months
(list applicable line items)
of Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
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 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)
35
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM
QUARTERLY REPORT FORM
RECIPIENT: CITY OF Tamarac Project Number: HLMP2018-026
PROJECT LOCATION: DEM ID #: 18HL-AG-11-16-02-XXX
QUARTER ENDING:
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July -Sep, 20_$ Oct -Dec, 20_$ Jan -Mar, 20_$ Apr -June, 20_$
July -Sep, 20_$ Oct -Dec, 20_$ Jan -Mar, 20_$ Apr -June, 20_$
Percentage of Work Completed (may be confirmed by state inspectors): %
Project Proceeding on Schedule: [ ] Yes [ ] No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status: [ ] Cost Unchanged [ ] Under Budget [ ] Over Budget
Additional Comments/Elaboration:
NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at
any time. Events may occur between quarterly reports, which have significant impact upon your
project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as
soon as these conditions become known, otherwise you may be found non -compliant with your sub -grant
award.
Name and Phone Number of Person Completing This Form
36
Attachment G
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
37
Codes of Conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
Financial Management
Recipient's financial management system must include the following:
(7) Accurate, current and complete disclosure of the financial results of this project or program
(8) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(9) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
38
(10)Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(11)Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(12)Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of Conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
39
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
Financial Management
Recipient's financial management system must include the following:
(13)Accurate, current and complete disclosure of the financial results of this project or program
(14) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(15)Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(16)Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(17)Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(18)Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
40
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of Conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from
Licensinq and Permittinq
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
41
w
Attachment H
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Name and Title
Street Address
City, State, Zip
Date
CITY OF Tamarac
Recipient's Name
42
18HL-AG-11-16-02-XXX
DEM Contract Number
HLMP18-026
Project Number