HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-136Temp. Reso. #12523
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November 18, 2014
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014 - 13 6.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA ACCEPTING AND
EXECUTING THE GRANT AGREEMENT IN THE AMOUNT
OF $233,000 FROM THE FLORIDA DIVISION OF
EMERGENCY MANAGEMENT RESIDENTIAL
CONSTRUCTION MITIGATION PROGRAM FOR FISCAL
YEAR 2014-2015; 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 $233,000 TO IMPROVE STORM
RESISTANCE OF RESIDENCES IN THE CITY OF
TAMARAC; AUTHORIZING AN ADDITIONAL
APPROPRIATION IN THE AMOUNT OF $83,000;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Florida Division of Emergency Management, Residential
Construction Mitigation Program (RCMP) provides grant funds for projects serving to
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improve wind resistance of residences and mobile homes; 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 RCMP grant awards for the past four
consecutive funding cycles and desires to expand the funding available to provide
increased assistance for storm mitigation for Tamarac residences; and
Temp. Reso. #12523
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November 18, 2014
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
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
RCMP grant agreement in the amount of $233,000, 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
Residential Construction Mitigation Program (RCMP) grant award and authorizes the
appropriate City officials to execute an RCMP grant program agreement between the
Temp. Reso. #12523
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November 18, 2014
City of Tamarac and the Florida Department of Emergency Management in the amount
of $233,000.
If
Section 3: An appropriation in the amount of $83,000 is hereby approved and will be
included in Budget Amendment Number One in April 2015, pursuant to F.S. 166.241(2).
Section 4: All Resolutions or parts of Resolutions in conflict herewith are HEREBY
repealed to the extent of such conflict.
Section 5: 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.
Section 6: This Resolution shall become effective immediately upon its passage and
adoption.
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
Temp. Reso. #12523
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November 18, 2014
PASSED AND ADOPTED BY THEITY CO MISSION OF THE CITY OF TAMARAC,
FLORIDA THIS DAY OF )2014.
ATTEST:
PATRICIA TEUFEL,
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form
/,:; � - / cs; "),
SAM bOREN,'
CITY ATTORNEY
HARRY DRESSLER, MAYOR
H. DRESSLER
P. BUSHNELL
M. GOMEZ
D. GLASSER
D. PLACKO
Agreement Number:15RC-E6-11-16-02-XXX
Project Number: RCMP2015-011
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 the City of
Tamarac, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient is fully qualified and eligible to receive these grant funds to provide the services
identified herein; and
B. The Division has received these funds from the State of Florida, General Appropriations Act of
2014-2015 for the purposes set forth in Section 215.559, Fla. Stat, and has the authority to grant these
funds to the Recipient upon the terms and conditions below.
C. The Division has statutory authority to disburse funds under this agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Budget and Scope of Work
(Attachment A to this Agreement).
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties, and shall end June 30, 20161
unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal OMB Circular No. A-102, "Common Rule: Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular
No. A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
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Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State, Local and Indian Tribal Governments," OMB Circular No. A-21, "Cost Principles for
Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Non-profit Organizations."
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non -expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business
hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Division. "Reasonable" shall ordinarily mean
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
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(d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., it shall
comply with the following:
If the Recipient expends a total amount of State financial assistance equal to or more than
$500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project -specific
audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or
10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement shows the State financial assistance awarded by this Agreement. In determining the State
financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial
assistance, including State funds received from the Division, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass -through awards and resources
received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient
shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes
submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the
event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and
elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost
of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid
from the Recipient's resources obtained from other than State entities). Additional information on the
Florida Single Audit Act may be found at the following website:
https://apps.fldfs.com/fsaa/Sin-aleauditact.asgx.
(e) Report Submission
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement
number.
3. Copies of financial reporting packages required under this Paragraph 6 shall
be submitted by or on behalf of the Recipient directly to each of the following:
The Florida Division of Emergency Management at the following address:
Florida Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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The Florida Auditor General's Office at the following address:
Florida Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letters, or other information required to be
submitted to the Division pursuant to this Agreement shall be submitted on time as required under OMB
Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for -profit organizations), Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Division of
Emergency Management for audits done in accordance with OMB Circular A-133 or Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General, should indicate the date that the reporting package was delivered to the Recipient in
correspondence accompanying the reporting package.
(f) If the audit shows that all or any portion of the funds disbursed hereunder were not
spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Recipient of such non-
compliance.
(g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla
Stat. by an independent certified public accountant (CPA) licensed under Chapter 473, Fla. Stat. The
(CPA) shall state that the audit complied with the applicable provisions noted above. The audit must be
submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
(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
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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 E.
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division 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.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 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.
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(10) 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.
(11) 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:
(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;
Agreement;
(b) Begin an appropriate legal or equitable action to enforce performance of this
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
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3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The 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. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
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(b) The name and address of the Division contract manager for this Agreement is:
Mr. Meredith VanValkenburgh
Bureau of Mitigation
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850) 413-9946
Fax: (850) 922-1259
Email: Meredith.VanValkenburgh@em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Ms. Angela Bauldree
Housing and Neighborhood Manager
City of Tamarac
7525 NW 88 Avenue #206
Tamarac, Florida 32321
Telephone: (954) 597-3539
Fax: N/A
Email: Angela. Bauldree@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 as outlined in (13)(a) above.
(14) 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 work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's .progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
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(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 Advance or Reimbursement
Attachment E — Justification of Advance Payment
Attachment F — Quarterly Report Form
Attachment G — Warranties and Representations
Attachment H — Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion
(17) FUNDING/CONSIDERATION
(a) This is a cost -reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$233,000.00, subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which maybe advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A-87, A-1101 A-122 and the Cash
Management Improvement Act of 1990. All advances are required to be held in an interest -bearing
account. If an advance payment is requested, the budget data on which the request is based and a
justification statement shall be included in this Agreement as Attachment D. Attachment D will specify the
amount of advance payment needed and provide an explanation of the necessity for and proposed use of
these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. Invoices shall be accompanied by a statement
signed and dated by an authorized representative of the Recipient certifying that "all disbursements made
in accordance with conditions of the Division agreement and payment is due and has not been previously
requested for these amounts." The supporting documentation must comply with the documentation
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requirements of applicable OMB Circular Cost Principles. The final invoice shall be submitted within sixty
(60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division contract manager as part of the
Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of the "Florida Division of Emergency Management", and mailed directly to the following
address:
Florida 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.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
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.
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(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seQ..), which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
19(g)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
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.
11
(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.
Fla. Stat.
(j) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
(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.
(1) 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.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
12
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. 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.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
13
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.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT: 4;1,Ty OFJAMARAC
By: Y ILZ VPVAIP�
Name and title:
Date:
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: $233,000.00
16
ATTACHMENT A
SCOPE OF WORK AND BUDGET
The City of Tamarac (Recipient) will provide residential wind mitigation retrofit improvements as identified
in RFP-DEM-13/14-034 on as many residential structures as possible during the period of performance of
this Agreement and within the award amount. The Division of Emergency Management's (Division)
Property Information Spreadsheet will be the controlling document that monitors expenditures for the
approved wind mitigation properties. All residential structures shall be located in the City of Tamarac and
be approved by the Division. The Recipient will focus on a systemic approach that ties together all
aspects of wind mitigation. Deviation from a systemic approach shall be approved by both the Recipient
and the Division.
Recipient shall be responsible for the implementation, management, coordination, and facilitation of all
aspects related to the wind mitigation retrofit projects approved under this RFP. Including subcontractor
payments, reimbursement requests and accountability for all Division funds awarded.
Task 1: The Recipient will establish and utilize a selection process that identifies potential residential
structures for wind mitigation improvements. Based on the established selection process, the Recipient
will conduct a systemic, comprehensive wind mitigation inspection and analysis of all residential
structures identified by the Recipient for wind mitigation retrofit improvements. The systemic approach
includes but is not limited to the following considerations:
1. Installation of hurricane resistant windows, doors, skylights or shutters;
2. Strengthening of roof deck attachment, replacement of roof sheathing;
3. Installation of a secondary water barrier, replacement of roof covering;
4. Gable end reinforcement;
5. Installation of hurricane straps or clips; and
6. Anchoring of wall or columns to foundation.
The quantity of activities/services shall be based on the wind mitigation inspections and/or other findings.
The Recipient will complete the initial Division's Property Information Spreadsheet (PIS). Recipient will
provide all the requested information for each residential structure identified by the Recipient for possible
wind mitigation retrofits, including color photographs. The electronic PIS will be provided to the Recipient
by the Division and should not be altered in anyway.
Upon completion, submission and approval of Deliverable One (1) as identified below, the Division will
conduct a Benefit Cost Analysis (BCA) on each of the residential structures submitted on the PIS to
determine if the wind mitigation improvements are cost effective. Specific properties may be substituted
or withdrawn to achieve an overall favorable BCA ratio of one (1) or greater as part of the agreement
development. Additional structures may be added to the initial PIS in order to expend the full award
amount. However, no additional structures may be added after April 15, 2016. No wind mitigation
improvements shall be started prior to Division approval of the wind mitigation improvements.
Task 2: The Recipient will develop a Scope of Work (SOW) for each property approved by the Division.
The SOW shall be based on all the wind mitigation retrofit measures identified on the Property
Information Spreadsheet 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 residential structure.
17
Task 3: Upon completion and approval of Tasks 1 and 2, the construction phase shall commence.
During the course of each 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. 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 wind 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 required.
The Division will conduct a final inspection of the completed projects submitted in conformance with
Deliverable 4 shown below. Upon approval by the Division of the mitigation work, a Final Inspection
Report will be submitted to the Division's Project Manager. Once the project has been approved the
Recipient is required to submit a "Final Reimbursement Request" that complies with the documentation
requirement as describe herein for Deliverable 4.
Task 4: Recipient or its Subcontractors shall complete all wind mitigations retrofit measures as approved
by the Division and identified on the Property Information Sheet. The minimum level of required service
includes, but is not limited to the completion of all or some of the wind mitigation retrofit measures
identified in Task 1 of the Agreement. All construction work shall be completed by a Qualified and
Licensed, Florida Contractor. Upon completion of the wind mitigation retrofit improvements, a post
inspection must be performed by the Recipient and a licensed building official/inspector to ensure that all
scope of work items are 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.
Construction Expense: 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. Recipient will ensure that the Contractor's Invoice clearly
identifies each wind mitigation item installed.
Administrative Expenses: 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.
DELIVERABLES:
Deliverable 1: Based on the work described in Task 1, 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 multiply 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 RCMP 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 0ones1234), or recipient's tracking
number on the PIS.
Due Date: Initial PIS is due within fourteen (14) days of the final contract execution date.
Recipient requested addition or deletion of properties is due by April 15, 2016.
IV
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 property identification, plan development, and completion
and submission of the initial Division's Property Information Spreadsheet (PIS).
Deliverable 2: Based on the work described in Task 2, the Recipient shall submit, in an electronic
format, a spreadsheet that contains the following information:
A. Recipient Name and RCMP Project Number;
B. Date of Report;
C. Property Owner's Name;
D. Selected Contractor's Name and date of Contractor selection for each wind
mitigation measure; and
E. Florida Product Approval Code for each wind mitigation product to be installed.
Due Date: Within fourteen days of Contractor selection.
Reimbursement: Provided the expenses do not exceed the amount authorized by this
Agreement, the Division will reimburse the Recipient for the Administrative Expenses associated
with each approved Property's Scope of Work (SOW), bidding process, Contractor selection, and
creation of detailed spreadsheet outlined above..
Deliverable 3: Construction phase. Based on the work described in Task 3, the Recipient shall provide
a Request For Reimbursement (RFR) Package that includes the following information:
A. Recipient's Invoice, to include;
1. Start Date of Work Period (start of invoice period);
2. End Date of Work Period (end of invoice period);
3. Description of Work Performed;
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;
e. Amount requested for each mitigation measure,
3. Copies of Canceled Checks or Electronic Funds Payment Verification
4. Quarterly Report;
5. Affidavit of Partial Competition (if applicable).
Due Date: Deliverable 3, is due on a regular
starting with the first quarter after the final
thereafter. It shall include the quarterly report.
close of the quarter.
19
basis, but shall be submitted at least quarterly,
Agreement execution date and every quarter
The quarterly submission is due 10 days after the
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 all of the wind mitigation retrofit improvements completed
during the period covered by each request for reimbursement. The Recipient shall submit the
"Final Reimbursement Request" no later than July 15, 2016.
Deliverable 4: Based on the work described in Task 4, the Recipient shall provide a Final Close -Out
Package CD to include the following:
A. Request For Final Inspection on agency/company letter head identifying the
RCMP Project number, contract number and must include the following
statements:
1. The project is 100% complete;
2. Scope of Work for each residential structure has been completed;
3. All relevant building Codes and Standards have been satisfied.
B. CD or other digital media 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 Residential
Structure;
6. Florida Approved Product Code, Notice of Acceptance/Product
Approvals; and
7. Lien Waivers.
C. An Electronic Spreadsheet to include;
1. Homeowner's Name;
2. Homeowner's Address;
3. Pre and Post Inspection Dates;
4. Retrofit Measures Completed;
5. Retrofit Cost;
6. Homeowner's Insurance Company and Policy Number (When Available).
Due Date: On or before May 15, 2016
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 a final inspection. The Recipient shall submit the
"Final Reimbursement Request" no later than July 15, 2016.
20
Financial Consequences: 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:
1. Temporarily withhold cash payments pending correction of the deficiency by the recipient;
2. Disallow all or part of the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the current award for the recipient;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
BUDGET: The Budget is designed to account for RCMP Awarded Funds. Each invoice and request
for reimbursement should clearly identify the amount of RCMP funds requested and provide supporting
documentation.
City of Tamarac — RCMP 2015-011
RFP-DEM
13/14-034
EXPENDITURE
RCMP
CATEGORIES
AWARD
Salary &
Benefits
Other
Personnel /
Contractual
Services
Administrative
$16,310.00
Expenses
Expenses
$216,690.00
Totals
$233, 000.00
Project Timeline:
No work shall be performed be performed under this Agreement prior to the Agreement execution date
and the issuance of a Notice to Proceed. All subcontracts must be reviewed by the Division prior to
execution. The Recipient is required to complete the mitigation work prior to the Final Close -Out Package
due on May 15, 2016. Upon submission of the Final Close -Out Package, the Division will schedule on -
site visits with the Recipient to inspect and confirm the mitigation work has been completed in compliance
with this Agreement and all applicable Florida Building Codes, local building codes, industry standards
and Manufacturer's Specifications. Any mitigation deficiencies identified by the Division must be
corrected by the end of the contract on June 30, 2016. A final invoice with complete documentation is
due by July 15, 2016. Missing or incomplete documentation submitted with the final reimbursement
request may result in a partial reimbursement. The project file will be closed on August 15, 2016.
21
Table 1. Key Deliverable Dates
KEY ACTIVITY
DUE DATE
COMMENT
Deliverable 1: Completed PIS
14 days after contract
Additional or Deletion of properties by
and required data
execution
April 15, 2016.
Deliverable 2: Property SOW
Within 14 Days of
data sheet
contractor selection
Deliverable 3: Quarterly
September 30th
Quarterly Reports are due 10 days after
Reports
December 31 st, March
end of the quarter.
31st, June 301h
Deliverable 3: Quarterly
September 30th
Minimum RFR is due every quarter.
Reports and RFR for
December 31 st, March
RFR submitted with the Quarterly report.
Construction phase
31 st, June 30th
Due 10 days after end of the Quarter.
Final RFR submitted by July 15th 2014.
Deliverable 4: Final inspection
By May 15, 2016
Upon completion of all approved
Request
projects.
Deliverable 4: Additional
By June 30, 2016
End of Grant
Mitigation required
22
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
23
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
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
24
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:
25
(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
26
property that may 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 Vlll 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.;
27
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(cc) It will comply with the requirements of Titles 11 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) It will comply with the Wild and Scenic Rivers Act of 1968,16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ee) It 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) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
(1) Create and make available documentation sufficient to demonstrate that the Recipient
and its demolition contractor have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
(2) Return the property to its natural state as though no improvements had ever been
contained thereon.
(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in 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.
(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,
and 306 of the Clean Air Act (42 U.S.
U.S.C. 1368), Executive Order 11738,
regulations (40 CFR, Part 15 and 61).
orders, or requirements issued under Section 112
C. 1857h), Section 508 of the Clean Water Act (33
and the U.S. Environmental Protection Agency
This clause shall be added to any subcontracts.
(12) Provide documentation of public notices for demolition activities.
29
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM FUNDS
RECIPIENT NAME: City of Tamarac
ADDRESS: 7525 NW 88th Avenue #206
CITY, STATE, ZIP CODE: Tamarac, Florida 32321Project Number: RCMP-2015-011
PAYMENT No:
DEM Agreement No: 15RC-E6-11-16-02-XXX
Eligible Obligated Obligated DEM Use Only
Amount Federal RCMP Previous Current
100% % 100% Payments Request 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 TITLE DATE:
TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
30
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: Citv of Tamarac
AGREEMENT# 15RC-E6-11-16-02-XXX
PROJECT #:
RC M P2015-011
F E MA 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
31
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 CATEGORYILINE ITEMS
20_-20 Anticipated Expenditures for First Three Months of
(list applicable line items)
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)
32
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM
RECIPIENT: of Tamarac
PROJECT LOCATION:
QUARTERLY REPORT FORM
Project Number: RCMP2015-011
Agreement #: 15RC-E6-11-16-02-XXX
QUARTER ENDING:
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
Jul Y p -Se , 20 $ Oct -Dec, 20_,$ Jan -Mar, 20_$_ Apr -June, 20_$_
_.
July -Sep, -Se , 20 $ Oct -Dec, 20_$ Jan -Mar, 20_$ Apr -June, 20
9 _$!
-
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 subgrant award.
Name and Phone Number of Person Completing This Form
33
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.
34
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.
35
Attachment H
Subcontractor Covered Transactions
C
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
City of Tamarac
Recipient's Name
15RC-E6-11-16-02-XXX
DEM Agreement Number
RCMP2015-011
Project Number