HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-112Temp. Reso. #12233
Page 1
October 1, 2012
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012 - /'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A GRANT
AGREEMENT IN THE AMOUNT OF $100,000 WITH A 2:1
MATCH IN LOCAL FUNDS IN AN AMOUNT NOT TO
EXCEED $200,000 FROM THE FLORIDA DIVISION OF
EMERGENCY MANAGEMENT FOR RESIDENTIAL
CONSTRUCTION MITIGATION PROGRAM GRANT
FUNDS TO IMPROVE STORM RESISTANCE OF
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, Residential
Construction Mitigation Program (RCMP) provides grant funds for projects serving to
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 RCMP grant award recipient and desires to
expand the funding available to provide increased assistance for storm mitigation for
Tamarac residences; and
Temp. Reso. #12233
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October 1, 2012
WHEREAS. the City Manager and the Director of Community Development
recommend acceptance of grant funds and execution of a project 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 program agreement in the amount of $100,000, providing for a two -to -one
match in local funds in an amount not to exceed $200,000.
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.
Temp. Reso. #12233
Page 3
October 1, 2012
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 the RCMP grant program agreement, Attachment A,
between the City of Tamarac and the Florida Department of Emergency Management
the amount of $100,000, providing for a 2:1 match in local funds not to exceed
$200,000.
Section 3: An appropriation for the receipt and expenditure for this grant and any
matching funds will be included in a budget amendment for Fiscal Year 2012-13
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.
Temp. Reso. 412233
Page 4
October 1, 2012
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS Z 4 DAY OF 06444✓ , 2012.
B. TALABISCO WV
D. GLASSER
P. BUSHNELL
M. GOMEZ
H. DRESSLER
ATTEST:
PETER RICHA SON, CR , CIVIC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form
�J SAMUEL S. GOREN
CITY ATTORNEY
Contract Number: 13RC-52-11-16-02-
Project Number: RCMP2013-010
CSFA: 31.006
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 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
2012-2013 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
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, 2013,
unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal OMB 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
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.
(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
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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/sinpleauditact.aspx.
(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
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
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.
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(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.
(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 may, 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,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
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(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The 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.
(b) The name and address of the Division contract manager for this Agreement is:
Mr. Howard Douglas, Community Assistance Consultant
Bureau of Mitigation
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: 850-413-9817
Email: Howard Douglas@em.myflorida.com
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(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
Tamarac, Florida 32321
Telephone: 954-597-3539
Email: angelab@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.
(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 — Request for Reimbursement
Attachment C-1 — Detail of Salary and Benefit
Attachment C-2 - Detail of Other Personal/Contractual Services
Attachment C-3 — Detail of Administrative Expenses
Attachment C-4 — Detail of Expenses
Attachment C-5 — Detail of Operating Capital Outlay
Attachment C-6 - Detail of Salary and Benefit — Grantee Match
Attachment C-7 — Detail of Other Personal/Contractual Services — Grantee Match
Attachment C-8 — Detail of Administrative Expenses — Grantee Match
Attachment C-9 — Detail of Expenses — Grantee Match
Attachment C-10 — Detail of Operating Capital Outlay — Grantee Match
Attachment D — Justification of Advance Payment
Attachment E — Quarterly Report Form
Attachment F — Warranties and Representations
Attachment G — Certification Regarding Debarment
(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
$100,000.00, 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-110, 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
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.
(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
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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.
(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.
0) 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.
(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,
12
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
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.
13
(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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF TAMARAC:
By: '
Name and title: A 4-1 el'
Date: Jy -'-�
FID# : J- Ian g�J �-
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
By:
Name and Title: Bryan W Koon, Director
Date:
14
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 -
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: $100,000.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
15
Attachment A
Budget and Scope of Work
INTRODUCTION:
The City of Tamarac, Florida (Recipient) will provide residential wind mitigation retrofit improvements as
identified in RFP-DEM-11/12-027. Recipient will wind retrofit seven (7), residential structures or more
should sufficient funds be available for mitigation improvements. The residential structures shall be
located in the City of Tamarac, Florida.
Recipient will focus on a systemic approach that ties together all aspects of wind mitigation which include,
but are not limited to replacement of roof sheathing, installation of a secondary water barrier,
strengthening of roof deck attachment, replacement of roof covering, installation of hurricane resistant
windows and doors, shutters, brace bottom cord gable end, anchoring of wall or floor units, and roof to
wall foundation connections. Deviation from a systemic approach shall be approved by both the
Recipient and the Division.
Prior to any wind mitigation retrofit improvements, Recipient will conduct a systemic, comprehensive wind
mitigation inspection and analysis of all residential structures identified for wind mitigation retrofit
improvements. The inspection will identify any previous wind mitigation improvements, wind mitigation
deficiencies and whether the residential structure can be retrofitted to effectively improve resistance to
wind related damage. The Recipient will develop a scope of work for each property based on the
inspection report and/or additional site visits. 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. All construction work shall be completed by a
Qualified Licensed Florida Contractor and in accordance with all applicable Florida Building Codes, local
building codes, industry standards and Manufacturer's Specifications.
Upon completion of the wind mitigation retrofit improvements, a post inspection will 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.
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 accountability
for all Division funds awarded and Match funds committed by the Recipient. All work must be completed
by June 30, 2013. No work shall be performed under this contract prior to the contract execution date and
the issuance of a Notice To Proceed.
TASKS:
Task 1: Recipient, as required by RFP-DEM-11/12-027, Section 1.1 will provide the Division with a
completed Property Information Sheet (PIS) within two (2) weeks of award for each residential structure
expected to receive wind mitigation retrofit improvements. Color photographs of the residential units must
be provided prior to improvements and after improvements. The Division will conduct a Benefit Cost
Analysis (BCA) on each of the submitted PIS(s) to determine if a project is cost-effective. Specific
properties may be substituted, if necessary, in order to achieve an overall favorable Benefit Cost Ratio as
a part of contract development. During the contract period of performance, the Recipient will ensure that
each individual project or the overall Benefit Cost ratio remain cost effective as determined by the
Division.
Based on the submitted and Division approved PIS(s) the Recipient will develop a Project Timeline for all
wind mitigation activities that will be conducted during Fiscal Year 2012-2013. The fiscal year starts on
L
July 1, 2012 and ends on June 30, 2013. The Project Timeline must include Milestones identified below
under Deliverable #1.
Task 2: Recipient shall submit a Request For Reimbursement and supporting documentation on a regular
basis. The Request For Reimbursement should be submitted on a monthly basis, but shall be at least
quarterly.
Task 3: Recipient shall provide a Final Closeout Package and supporting documentation.
Task 4: Recipient shall submit a Final Request For Reimbursement and supporting documentation.
DELIVERABLES:
Deliverable 1:
Recipient shall submit to the Division a project timeline for the milestones identified below. All
work and match commitments shall be completed by June 30, 2013.
Project Timeline — FY 2012-1013
Milestones
Timeline
Recipient Advertisement, Bid Openin , Notice of Award, Notice to Proceed
Permitting, Material Ordering
Physical Construction Activities
Unforeseen Delays
Final Inspection Request/Final Inspection
Close -Out Submittal
All Construction Related Work to be Completed on or before
June 30, 2013
Deliverable 1 is due within thirty (30) days of contract execution.
Upon review and approval of Deliverable 1, the Recipient may proceed with project
implementation. It is the intent of the Division to use the approved schedule to monitor the
Recipient's progress toward project completion. The Division, at its discretion, may approve a
change in the schedule at the request of the Recipient.
Deliverable 2:
Recipient shall provide the following for each Request For Reimbursement submitted over
the course of the fiscal year:
• Recipient's Invoice, to include;
o Start Date of Work Period (start of invoice period),
o End Date of Work Period (end of invoice period),
o Description of Work Performed;
o Payment amount requested for reimbursement;
• Request for Payment
• Copies of Canceled Checks.
• Quarterly Report (If necessary for Ending Fiscal Quarter)
• Scope of Work;
• Copies of Permits;
• Recipient's Match Amount and Match Documentation;
Deliverable 2 is due on a regular basis. Request For Reimbursement should be submitted on
a monthly basis, but shall be at least quarterly.
17
Upon review and approval of Deliverable 2, the Division shall reimburse the Recipient for funds
expended during the invoice period. Total Reimbursements for the Fiscal Year 2012-2013 shall
not exceed the Total Division Award Amount of $100,000.00.
Deliverable 3:
Recipient shall provide a Final Close -Out Package to include the following:
A Request For Final Inspection, on agency/company letter head which must
include the following statements:
o The project is 100% complete;
o The Scope of Work as outline has been completed;
o All relevant building Codes and Standards have been satisfied.
A 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:
Approved PIS
Color Photographs documenting mitigation work (pre and post),
Post Inspection Reports/Certificates of Completion for each
Residential Structure,
o Notice of Acceptance/Product Approvals,
An Electronic Spreadsheet to include;
o Homeowner's Name;
o Homeowner's Address;
o Pre and Post Inspection Dates,
o Retrofit Measures Completed;
o Retrofit Cost;
o Homeowner's Insurance Company and Policy Number.
Deliverable 3 is due on or before June 15, 2013
Upon review and approval of Deliverable 3, the Division will start the physical inspection
procedures.
Deliverable 4:
Recipient shall provide a Final Request For Reimbursement to include:
• Recipient's Invoice, to include;
o Start Date of Work Period;
o End Date of Work Period,
o Description of Work Performed,
o Payment amount requested for reimbursement;
• Request for Payment
• Copies of Canceled Checks.
• Quarterly Report (if necessary for Ending Fiscal Quarter)
• Scope of Work;
• Copies of Permits;
• Recipient's Match Amount and Match Documentation,
• Report discussing the strengths and weakness of the joint effort by the
Recipient and Division to provide the Residential Retrofit Mitigation
Programs. Including an analysis of work completed by the Recipient
compared to the Project Timeline developed at the start of the project.
Deliverable 4 is due July 31, 2013
Upon review and approval of Deliverable 4, the Division shall reimburse the Recipient
for funds expended during the invoice period. Total Reimbursements for the Fiscal Year
2012-2013 shall not exceed the Total Division Award Amount of $100,000.00.
19
BUDGET: The Budget is designed to account for RCMP Awarded Funds and Match Funds
committed by the Recipient. Each invoice and request for payment must clearly identify the amount of
RCMP funds requested and the amount of match funds expended by the Recipient. Match funds must be
supported by documentation for each expenditure category.
City of Tamarac - RCMP 2013-010
- 1 RECIPIENT MATCH FRFP-DEM
11 /12-027
EXPENDITURE
CASH
IN -KIND
TOTAL
RCMP
TOTAL
CATEGORIES
MATCH
+
SERVICES
=
RECIPIENT
+
AWARD
_
COST
MATCH
MATCH
Salary &
Benefits
+
_
+
_
Other
Personnel /
Contractual
+
_
+
_
Services
Administrative
+
_
+
$5,000.00
=
$5,000.00
Expenses
Expenses
$200,000.00
+
_
$200,000.00
+
$95,000.00
=
$295,000.00
Totals
$200,000.00'
+
_
$200,000.00
+
$100,000.00
=
$300,000.00
Note:
1. Based on Match Form submitted by Recipient on July 3, 2012 match is $ 200,000.00
2. Based on Notice of Intent To Award posted July 23, 2012 Division Award is $100,000.00.
3. Administrative Expenses - Agency Administrative Cost - Program direct costs for
managing the project and other direct program office supplies and expenses. Five
percent of Division Award.
4. Expenses - Construction Materials -Construction project material costs required to
complete scope of work items as approved;
Contract labor costs required to complete scope of work items.
Certified Wind/Home Inspector to gather all information, take pictures, and report
structural data.
Licensed Engineer and Construction Professional to perform structural analysis, estimate
project costs, evaluate sub -contractor's bids, and project reporting, pull permits, award
bids to sub -contractors, coordinate construction activities, and to conduct comprehensive
final inspections.
Permits and Recording Costs -required permitting and recording costs.
' Match Form submitted by Recipient is Exhibit "A" attached hereto and made a part of this Agreement.
20
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
21
Attachment C
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR REIMBURSEMENT OF
RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM FUNDS
RECIPIENT NAME: City of Tamarac
ADDRESS:
CITY, STATE, ZIP CODE:
PAYMENT No:
Project Number: RCMP2013-010
DEM Agreement No: 13RC-52-11-16-02-
SALARY
AND
BENEFIT
OTHER
PERSONAL/
CONTRACTUAL
SERVICES
ADMIN
EXPENSES
EXPENSES
OPERATING
CAPITAL
OUTLAY
TOTAL
CLAIM
AMOUNT
GRANTEE
MATCH
DEM USE ONLY
APPROVED
COMMENTS
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the above accounts are correct, and that all
disbursements were made in accordance with all conditions of the Division agreement and payment is
due and has not been previously requested for these amounts.
RECIPIENT SIGNATURE
NAME AND TITLE
DATE:
TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
22
Attachment C-1
DETAIL OF SALARY AND BENEFIT
Subgrantee: City of Tamarac
Contract Number: 13RC-52-11-16-02-
Project Number: RCMP2012-010
Claim
Number:
Vendor
Description of Services
Provided
Date
Paid
Check
Number
Amount
Page Total
23
Attachment C-2
DETAIL OF OTHER PERSONAUCONTRACTUAL SERVICES
Subgrantee: City of Tamarac
Contract Number: 13RC-52-11-16-02-
Project Number: RCMP2013-010
Claim
Number:
Vendor
Description of Services
Provided
Date
Paid
Check
Number
Amount
Page Total
24
Attachment C-3
DETAIL OF ADMINISTRATIVE EXPENSES
Subgrantee: City of Tamarac
Contract Number: 13RC-52-11-16-02-
Project Number: RCMP2013-010
Claim
Number:
Vendor
Description of Services
Provided
Date
Paid
Check
Number
Amount
Page Total
25
Attachment C-4
DETAIL OF EXPENSES
Subgrantee: City of Tamarac
Contract Number 13RC-52-11-16-02-
Project Number: RCMP2013-010
Claim
Number:
Vendor
Description of Services
Provided
Date
Paid
Check
Number
Amount
Page Total
26
Subgrantee: City of Tamarac
Attachment C-5
DETAIL OF OPERATING CAPITAL OUTLAY
Contract Number: 13RC-52-11-16-02-
Project Number: RCMP2013-010
Claim Number -
Vendor Description of Services Date Paid Check Amount
Provided I Number
Total
27
Attachment C-6
DETAIL OF SALARY AND BENEFIT — GRANTEE MATCH
Subgrantee: City of Tamarac
Contract Number: 13RC-52-11-16-02-
Project Number: RCMP-2013-010
Claim
Number:
Vendor
Description of Services
Provided
Date
Paid
Check
Number
Amount
Page Total
28
Attachment C-7
DETAIL OF OTHER PERSONAUCONTRACTUAL SERVICES — GRANTEE MATCH
Subgrantee: City of Tamarac
Contract Number: 13RC-52-11-16-02-
Project Number: RCMP2013-010
Claim
Number:
Vendor
Description of Services
Provided
Date
Paid
Check
Number
Amount
Page Total
29
Attachment C-8
DETAIL OF ADMINISTRATIVE EXPENSES — GRANTEE MATCH
Subgrantee: City of Tamarac
Contract Number: 13RC-52-11-16-02-
Project Number: RCMP2013-010
Claim
Number:
Vendor
Description of Services
Provided
Date
Paid
Check
Number
Amount
Page Total
30
Attachment C-9
DETAIL OF EXPENSES — GRANTEE MATCH
Subgrantee: City of Tamarac
Contract Number: 13RC-52-11-16-02-
Project Number: RCMP2013-010
Claim
Number:
Vendor
Description of Services
Provided
Date
Paid
Check
Number
Amount
Page Total
31
Attachment C-10
DETAIL OF OPERATING CAPITAL OUTLAY — GRANTEE MATCH
Subgrantee: City of Tamarac Contract Number: 13RC-52-11-16-02- Claim Number:
Project Number: RCMP2013-010
Vendor Description of Services Date Paid Check Amount
Provided Number
Page Total
32
Attachment D
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
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 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)
33
Attachment E
DIVISION OF EMERGENCY MANAGEMENT
RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM
RECIPIENT: City of Tamarac
PROJECT LOCATION:
QUARTERLY REPORT FORM
Project Number: RCMP2013-010
DEM ID #: 13RC-52-11-16-02-
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 subgrant award.
Name and Phone Number of Person Completing This Form
34
Attachment F
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.
35
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.
36
Attachment G
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
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
Recipient's Name
Name and Title DEM Contract Number
Street Address
City, State, Zip
Project Number
37