HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-163Temp Reso. #11046
Page 1
September 13, 2006
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006 - 1 (,v3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO SUBMIT AN APPLICATION TO THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) FOR HAZARD
MITIGATION GRANT PROGRAM FUNDS FOR WIND
HARDENING OF THE CITY UTILITIES, PUBLIC WORKS, AND
WATER TREATMENT PLANT BUILDINGS IN THE AMOUNT
NOT TO EXCEED $150,000 PROVIDING FOR A 25 PERCENT
CASH MATCH OF $50,000 IN LOCAL FUNDS FOR A TOTAL
PROJECT COST OF $200,000 IN THE EVENT OF APPROVAL
OF THE APPLICATION; AUTHORIZING ADHERENCE TO A
ROUTINE MAINTENANCE AGREEMENT BETWEEN THE CITY
OF TAMARAC AND FEMA IN THE EVENT THE AWARD IS
APPROVED; PROVIDING FOR ACCEPTANCE OF THE AWARD
AND EXECUTING OF DOCUMENTS UPON APPROVAL;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to protect its critical
facilities against high winds and to improve emergency management capabilities within the
City; and
WHEREAS, the Federal Emergency Management Agency provides grants to local
governments for wind retrofit projects through the Hazard Mitigation Grant Program, and
WHEREAS, the City desires to provide for wind hardening of the Utilities, Public
Works, and Water Treatment Plant Buildings to include storm shutters, high -impact
windows, and the hardening of City vehicle bay doors; and
WHEREAS, providing for wind hardening at these critical facilities will further enable
the City of Tamarac to house essential personnel and equipment, and ensure continuity of
government services during times of disaster; and
Temp Reso. #11046
Page 2
September 13, 2006
WHEREAS, it is a requirement of the grant program that this Resolution be adopted
and become an official part of the application; and
WHEREAS, acceptance of these funds requires the amending of estimated revenues
and expenditures within the Utilities and Public Works Budgets; and
WHEREAS, the grant program requires and the City is willing to match the 2006
Hazard Mitigation Grant Program request not to exceed $150,000 with a 25 percent cash
match in local funds in the amount of $50,000 for a total project cost of $200,000 in the event
of approval; and
WHEREAS, the appropriate City officials are hereby authorized to abide by a routine
Maintenance Agreement (attached hereto as Exhibit B) with FEMA should the application be
approved; and
WHEREAS, the Assistant City Manager and the Directors of Public Works and Utilities
recommend approval; 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 submit an application to the
Federal Emergency Management Agency for Hazard Mitigation Grant Program funds for
wind hardening of the City Utilities, Public Works, and Water Treatment Plant buildings.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as
being true and correct and are HEREBY made a specific part of this Resolution.
Temp Reso. #11046
Page 3
September 13, 2006
Section 2: The appropriate City Officials are HEREBY authorized to submit a Hazard
Mitigation Grant Program application not to exceed $150,000 to the Federal Emergency
Management Agency providing for a 25% cash match in local funds of $50,000 for a total
project cost of $200,000 in the event of approval of the application. A copy of said
application is attached hereto as Exhibit A.
Section 3: The appropriate City officials are hereby authorized to abide by a routine
Maintenance Agreement (attached hereto as Exhibit B) with FEMA should the application
be approved.
Section 4: Upon approval of the application, the appropriate City officials are HEREBY
authorized to accept the award and execute the necessary documents following legal
review, approval and subsequent amendments of the grant to effectuate all of the purposes
herein stated.
Section 5: Upon approval of the grant award, the appropriate City Officials are
HEREBY authorized to amend the existing Utilities and Public Works Budgets in the total
amount not to exceed $200,000 and to appropriate said funds including any and all
subsequent budgetary transfers to be in accordance with proper accounting standards.
Section 6: All Resolutions or parts of Resolutions in conflict herewith are HEREBY
repealed to the extent of such conflict.
Section 7: If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or in application,
it shall not affect the validity of the remaining portion or applications of this Resolution.
Temp Reso. #11046
Page 4
September 13, 2006
Section 8: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this _day of_ 6epfember_, 2006.
ATTEST:
MARION SWENSON, C C
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SA EL S. GOR
CITY ATTORN
BETH FLANSBAUM-TALABISCO r
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
_4 f.
DIST 1: VJM PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER Allif
1
1
1
STATE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PROGRAM &
FLOOD MITIGATION ASSISTANCE APPLICATION
THIS SECTION FOR STATE USE ONLY F "' I I_.'
FEMA- -DR-FL ❑ Standard HMGP El5% Initiative Application [I Application Complete
[I Standard FMA ❑ Initial Submission or ❑ Re- Submission
Support Documents Eligible Applicant Project Type(s)
❑ Conforms w/ State 409 Plan ❑ State or Local Government ❑ Wind
❑ In Declared Area ❑ Private Non -Profit (Tax ID Received) ❑ Flood
❑ Statewide ❑ Recognized Indian Tribe or Tribal Organization ❑ Other:
Community NFIP Status: (Check all that apply) Reviewer Phone#:
❑ Participating Community ID#: Reviewer Fax#:
❑ In Good Standing ❑ Non -Participating ❑ CRS Reviewer E-Mail:
Date Application Received:
State Application ID:
State Reviewer;
Signature,
Date:
This application is for all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) and
Flood Mitigation Assistance (FMA) proposals. Please complete ALL sections and provide the documents requested. If you require
technical assistance with this application, please contact your State Emergency Management Division at (850) 922-5269.
A. To Fill Out This Application: Complete all sections, which correspond with the type of proposed project
General Application Sections: pp. 1-5: All Applicants must complete these sections
Environmental Review: pp. 6-9: All Applicants must complete these sections
Maintenance Agreement: p. 10: Any Applications involving public property, public ownership, or management of property
Acquisition Worksheet: pp.11-13: Acquisition Projects only -- one worksheet per structure
Elevation Worksheet: pp.14-18: Elevation Projects only -- one worksheet per structure
Drainage Worksheet: pp. 19-21: Drainage Projects only
Wind Retrofit Worksheet: pp. 22-24: Wind retrofit projects only (HMGP only) -- one worksheet per structure
pp. 25-27: Wind retrofit/shelter projects only (HMGP only) -- one worksheet per structure
Attachment A: FEMA Form 90-49 (Request for Public Assistance): All Applicants must complete, if applicable.
Attachment B: HMGP/FMA Application Completeness Checklist: All applicants are recommended to complete
this checklist
B. Applicant Information
FEMA-Blank-DR-FL DISASTER NAME: Blank Ex, PEMA-] 09 DR -FL: Hurricane Wilma
Title / Brief Descriptive Project Summary:
I. Applicant (Organization):
2. Applicant Type:
❑ State or Local Government ❑ Recognized Native American Tribe ❑ Private Non -Profit
3. County:
4. State Legislative District: Congressional District(s): House: Senate:
5. Federal Tax I.D. Number:
6. FIPS Code*: (*if your FIPS code is not known, please fill out FEMA Form 90-49 (Attachment A) so that the
Department may obtain a PIPS code for you)
7. National Flood Insurance Program (NFIP) Community Identification Number (this number can be obtained from the FIRM map
for your area):
8. NFIP Community Rating System Class Number (FMA ONLY):
9. NFIP Last Community Assistance Visit Date (FMA ONLY):
10. Attach proof of current Flood Insurance Policy (FMA only). Flood Insurance Policy Number:
Attach any continuations or additional items to this page (Form No. HMGP/FMA-001, Eff. 06/16/06) Page 1 of 10
STATE OF FLORIDA - JOINT HAZARD MITIGATION GRANT PROGRAM &
FLOOD MITIGATION ASSISTANCE APPLICATION
11. Point of Contact
[]Ms. []Mr. ❑Mrs. First Name: Last Name:
Title:
Street Address:
City: State:
Zip Code:
Telephone: Fax:
Email Address (if available):
12. Application Prepared by: ❑Ms.
[]Mr. ❑Mrs. First Name:
Title: ' Telephone:
Fax:
13. Authorized Applicant Agent (proof of authorization authority required)
❑Ms. ❑Mr. ❑Mrs.
First Name: Last Name:
Title: Telephone:
Fax:
Street Address:
City: State:
Zip Code:
Signature: Date:
Last:
14. All proposed projects should be included in the county's Local Mitigation Strategy (LMS).
Attach is a letter of endorsement for the project from the county's Local Mitigation Strategy Coordinator. ❑ Yes ❑ No
15. Has this project been submitted under a previous disaster event? If so please provide the disaster number and project
number if available.
Section I. Project Description
A. Hazards to be Mitigated / Level of Protection
1. Select the type of hazards the proposed project will mitigate:
❑ Flood ❑ Wind ❑ Storm surge ❑ Other (list):
2. Identify the type of proposed project:
❑ Elevation and retrofitting of residential or non-residential structure
❑ Acquisition and relocation ❑ Acquisition and demolition
❑ Wind retrofit ❑ Minor drainage project that reduces localized flooding
❑ Other (please explain)
3. List the total number of persons that will be protected by the proposed project:
4. Fill in the level of protection and the magnitude of event the proposed project will mitigate.
(e.g. 23 structures protected against the 100-year (1%) flood)
structure(s) protected against the -year Flood (10, 25, 50,100, or 500 year)
structure(s) protected against mule per hour (mph) winds
5. Engineered projects only (e.g. Drainage Improvements, Erosion Control or other special project types. (Other
special project types include drainage and other engineered projects. These projects are unlike acquisition,
elevation or wind retrofits/shutters.)) Attach to this page ALL engineering calculations and design plans used to
determine the above level of protection.
6. Project will provide protection against the hazard(s) above for years (i.e., what is the useful life of the
project) ,
2
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y p � (Form No. irntGP/FMA.-o01, Ef% 06/16/06)
B. Project Description, Scope of Work, and Protection Provided (Must be Completed in Detail)
Describe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed project will
solve the problem(s) and provide the level(s) of protection described in Part A. Also, if available, attach a vendor's estimate
and/or a contractor's bid for the scope of work. Please ensure that each proposed project is mitigation and not
maintenance.
Description of the existing problems -
Describe the type(s) of protection that the proposed project will provide -
Scope of Work (describe in detail, what you are planning to do) -
Describe any other on -going or proposed projects in the area that may impact, positively or negatively the proposed HMGP or
FMA project -
Section II. Project Location (Fully describe the location of the proposed project.)
3
A. Site
1. Describe the physical location of this project, including street numbers (or neighborhoods) and zip codes; and if
available, please provide precise longitude and latitude coordinates for, the site utilizing a hand-held global
positioning system (GPS) unit or the equivalent:
2. Title Holder:
3. Is the project site seaward of the Coastal Construction Control Line (CCCL)? ❑YES ONO
4. Provide the number of each structure type (listed below) in the project area that will be affected by the project.
That is, all structures in project area.
❑ Residential property: ❑ Businesses/commercial property:
❑ Public buildings: ❑ Schools/hospitals/houses of worship:
❑ Other:
B. Flood Insurance Rate Map (FIRM) showing Project Site
❑ Attach two (2) copies of the FIRM map, a copy of the panel information from the FIRM, and, if available, the
Floodway Map. FIRM maps are required for this application (if published for your area). Also, all attached
maps must have the project site and structures clearly marked on the map. FIRMS are typically available from
your local floodplain administrator who may be located in a planning, zoning, or engineering office. Maps can also
be ordered from the Map Service Center at 1-800-358-9616. For more information about FIRMS, contact your local
agencies or visit the FIRM site on the FEMA Web -page at htto://www.fema-p-ov/home/MSC/harggg.hlm
Using the FIRM, determine the flood zone(s) of the project site (Check all zones in the project area).
(see FIRM legend for flood zone explanations) (A Zone must be identified)
❑ VE or V 1-30 ❑ AE or A 1-30
❑ AO or AH ❑ A (no base flood elevation given)
❑ B or X (shaded) ❑ C or X (unshaded)
❑ Floodway
❑ Coastal Barrier Resource Act (CBRA) Zone (Federal regulations strictly limit Federal funding for projects in
this Zone; please coordinate with your state agency before submitting an application for a CBRA Zone project).
❑ If the FIRM Map for your area is not published, please attach a copy of the Flood Hazard Boundary Map (FHBM)
for your area, with the project site and strictures clearly marked on the map.
Attach an continuations or additional items to this page Page 3 of 10
�/ P � (Form No. FTMGP/FMA-001, Eff. 06/16/Of,7
C. City or County Map with Project Site and Photographs
❑ Attach a copy of a city or county scale map (large enough to show the entire project area) with the project
site and structures marked on the map.
❑ Attach a USGS 1-24,000 TOPO map with project site clearly marked on the map.
❑ For acquisition or elevation projects, include copy of Parcel Map (Tax Map, Property Identification Map,
etc.) showing each property to be acquired. The map should include the Tax, ID numbers for each parcel, if
possible.
❑ Attach photographs (at a minimum 2 photographs) for each project site per application. The photographs should
be representative of the project area, including any relevant streams, creeks, rivers, etc. and drainage areas,
which affect the project site or will be affected by the project. For each structure, please include the following
angles: front, back and both sides.
Section III. Budget/Costs
In this section, provide details of all the estimated costs of the project. As this information is used for the Benefit -Cost Analysis,
reasonable cost estimates are essential. Since project administrative costs are calculated on a sliding scale, do not include them in the
budget. Also, do not include contingency costs in the budget.
A. Materials
B. Labor (Include equipment costs -- please indicate all "soft" or in -kind matches)
C. Fees Paid Include any other costs associated with the project.
Cost
Total Estimated Project Cost $,
4
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D. Funding Sources (round figures to the nearest dollar)
The maximum FEMA share for HMGP/FMA projects is 75%. The other 25% can be made up of State and Local funds as well as in -
kind services. Moreover, the FMA program requires that the maximum in -kind match be no more than 12.5% of the total project costs.
FIMGP/FMA funds may be packaged with other Federal funds, but other Federal funds (except for Federal fiends which lose their
aderal identity at the State level - such as CDBG, ARS, HOME) may not be used for the State or Local match.
Estimated FEMA Share
Non -Federal Share
Estimated Local Share
$ % of Total (maximum of 75%)
$ % of Total (Cash)
$ % of Total (In -kind*)
% of Total (Project Global Match**)
Other Agency Share $ % of Total
(Identify Other Non -Federal Agency and availability date: �)
Total Funding sources. from above $ Total % (should equal 100%)
*Identify proposed eligible activities directly related to project to be considered for In -kind services. (Note on Page 4 Section B)
"Separate project application must be submitted for each project (Global) Match project.
E. Project Milestones/Schedule of Work
List the major milestones in this project by providing an estimated time -line for the critical activities not to exceed a period of 3 years
")r performance. (e.g. Designing, Engineering, Permitting, etc.)
Milestone
Number ofDays to Complete
Ex., Demolition of 6 structures and removal of debris 114 days I I
5
Attach any continuations or additional Items to this page (Form No. FB40P/FMA-001, Bff, 06/16/06) Page 5 of 10
Section IV. Environmental Review and Historic Preservation Compliance
(NOTE. This application cannot be processed if this section is not completed)
`because the HMGP/FMA are federally funded programs, all projects are required to undergo an environmental and historic preservation
;view as part of the grant application process. Moreover, all projects must comply with the National Environmental Policy Act
(NEPA) and associated Federal, State, Tribal, and Local statutes to obtain funding. NO WORK can be done prior to the NEPA
review process. If work is done on your proposed project before the NEPA review is completed, it will NOT be eligible for
Federal funding.
1. The following information is required for the Environmental and Historic Preservation review:
All,projects must have adequate documentation to determine if the proposed project complies with NEPA and associated statutes. The State
Environmental Staffprovide comprehensive NEPA technical axistance forApplicants, with their consent, to complete the NEPA review.
The type and quantity of NEPA documents required to make this determination varies depending upon the project's size, location, and
complexity. However, at a minimum, please provide the applicable documentation from this section to facilitate the NEPA compliance
process.
.1
❑ Detailed project description, scope of work, and budget/costs (Section I (p. 2) and Section III (p. 5) of this application).
❑ Project area maps (Section II, part B & C of this application (pp. 3-4)).
❑ Project area/structure photographs (Section 11, part C of this application (p. 4)).
❑ Preliminary project plans.
❑ Project alternatives description and impacts (Section IV of the application (pp. 6-8)).
❑ Please complete the applicable project worksheets. Dates of construction are required for all structures.
❑ Provide any applicable information or documentation referenced on the Information and Documentation Requirements by
Project Type (page 9 of this application).
2. Alternative Actions
The NEPA process requires that at least two alternative actions be considered that address the same problem/issue as the proposed
project. In this section, list two feasible alternative projects to mitigate the hazards faced in the project area. One alternative is the
"No Action Alternative".
1. No Action Alternative
Discuss the impacts on the project area if no action is taken.
Attach any continuations or additional items to this page (Form No. HMGP/FMA-001, Eff. 06/16/06) Page 6 of 10
Section 1V. Environmental Review; Alternative Actions, -continued
(NOTE: This application cannot be processed if this section is not completed)
7
2. Other Feasible Alternative
Discuss a feasible alternative to the proposed project. This could be an entirely different mitigation method or a significant
modification to the design of the current proposed project. Complete all of parts a-e (below) and include engineering details
(if applicable).
a. Project Description for the Alternative
Describe, in detail, the alternative project. Also, explain how the alternative project will solve the problem(s) and/or
provide protection from the hazard(s).
b. Project Location of the Alternative (describe briefly)
❑ Attach a map or diagram showing the alternative site in gelation to the proposed project site
❑ Photographs (2 copies) of alternative site
c. Scope of Work for Alternative Project
Attach any continuations or additional items to this page (Form No. HMGP/FMA-001, Eff. 06/16/06) Page 7 of 10
Section IV. Environmental Review; Alternative Actions, continued
d.
Impacts of Alternative Project
C.
Below, discuss the impact of this alternative on the project area. Include comments on these issues as appropriate:
Environmental Justice, Endangered Species, Wetlands, Hydrology (Upstream and Downstream surface water
Impacts), Floodplain/Floodway, Historic Preservation and Hazardous Materials.
Estimated Budget/Costs for Alternative Project
In this section, provide details of all the estimated costs of the alternative project (round figures to the nearest dollar). A lump sum
budget is acceptable.
1. Materials
2. Labor (Include equipment costs -- please indicate all "soft" or in -kind matches)
3. Fees Paid Include any other costs associated with the project.
0
Total Estimated Project Cost $_
Attach any continuations or additional items to this page (Form No. HMGP/FMA-001, Eff, 06/16/06) Page 8 of 10
HMGP/FMA ENVIRONMENTAL REVIEW
Information and Documentation Requirements by Project Type
Retrofits to Existing Facilities/Structures
Elevations
Acquisitions with Demolition
✓ Dates of Construction
✓ Concurrence from State Historic Preservation Officer if structure is 50 years or
older or if work to be done is outside the existing footprint.
Drainage Improvements
✓ Engineering plans/drawings
✓ Permit or Exemption letter to address any modifications to water bodies and
wetlands
o Department of Environmental Protection
a Water Management District
a U.S. Army Corps of Engineers
✓ Letter from State Historic Preservation Office addressing archeological impacts.
✓ Concurrence from U.S. Fish and Wildlife addressing any impacts to wildlife,
particularly endangered and threatened species and their habitats.
✓ If the project is in coastal area, attach a letter from the National Marine Fisheries
Service addressing impacts to marine resources.
✓ Concurrence from Natural Resource Conservation Service if project is located
outside city limits and may impact prime or unique farmland.
Note: This is a general guideline for most projects. However, there will be exceptions.
Consult with environmental staff on project types not listed.
Page 9 of 10
Attach any continuations or additional items to this page (Form No. xMGP/FMA-001, Eff. 06116/06)
Section V. Maintenance Agreement
All applicants whose proposed project involves the retrofit or modification of existing public property or
whose proposed project would result in the public ownership or management of property, structures, or
facilities, must first sign the following agreement prior to submitting their application to FEMA.
(NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to
privateproperty where the ownership will remain private afterproject completion DO NOThave to complete
this form.)
The of , State of Florida, hereby agrees that
Gtry. Town, Uountyj
if it receives any Federal aid as a result of the attached project application, it will accept responsibility, at its own
expense if necessary, for the routine maintenance of any real property, structures, or facilities acquired or
constructed as a result of such Federal aid. Routine maintenance shall include, but not be limited to, such
responsibilities as keeping vacant land clear of debris, garbage, and vermin; keeping stream channels, culverts,
and storm drains clear of obstructions and debris; and keeping detention ponds free of debris, trees, and woody
growth.
The purpose of this agreement is to make clear the Subgrantee's maintenance responsibilities following project
award and to show the Subgrantee's acceptance of these responsibilities. It does not replace, supercede, or add to
any other maintenance responsibilities imposed by Federal law or regulation and which are in force on the date of
project award.
Signed by the duly authorized representative
(printed or typed name of signing oricial)
(title)
this (day) of (month), (year).
Signature*
*Please note: The above signature must be by an individual with legal signing authority for the
respective local government or county (e g., the Chairperson, Board of County Commissioners or the
County Manager, etc.)
10 Page 10 of 10
Attach any continuations or additional items to this page (Form No. HMGP/FMA-ool, Eff06/16/06)
FEDERAL EMERGENCY MANAGEMENT AGENCY
O.M.B. No. 3067-0151
REQUEST FOR PUBLIC ASSISTANCE
Expires April 30, 2001
PAPERWORK BURDEN DISCLOSURE NOTICE
'Dublic reporting burden for this form is estimated to average 10 minutes. The burden estimate includes the time for reviewing
istructions, searching existing data sources, gathering and maintaining the needed data, and completing and submitting the forms.
You are not required to respond to this collection of information unless a valid OMB control number is displayed in the upper right
corner of the forms. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to:
%iformation Collections Management, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472,
Paperwork Reduction Project (3067-0151). NOTE: Do not send your completed form to this address.
APPLICANT (Political subdivision or eligible applicant.)
DATE SUBMITTED
COUNTY (Location of Damages. Iflocated in multiple counties, please indicate.)
APPLICANT PHYSICAL LOCATION
STREET ADDRESS
CITY
COUNTY
STATE
ZIP CODE
MAILING ADDRESS If different from Ph ical Location
STREET ADDRESS
POST OFFICE BOX
CITY
STATE
ZIP CODE
Primary Contact/Applicant's Authorized A ant
Alternate Contact
NAME
NAME
TLE
TITLE
BUSINESS PHONE
BUSINESS PHONE
FAX NUMBER
FAX NUMBER
HOME PHONE (Optional)
HOME PHONE (Optional)
CELL PHONE
CELL PHONE
E-MAIL ADDRESS
E-MAIL ADDRESS
PAGER & PIN NUMBER
PAGER & PIN NUMBER
Did you participate in the Federal/State Preliminary Damage Assessment (PDA)? ❑ Yes ❑ No
Private Non -Profit Organization? ❑ Yes ❑ No
If yes, which of the facilities below best describe your organization?
Title 44 CFR, part 206.221(a) defines an eligible private non-profit facility as: "... any private non-profit educational, utility,
emergency, medical or custodial care facility, including a facility for the aged or disabled, and other facility providing essential
governmental type services to the general public, and such facilities on Indian reservations.' "Other essential governmental
service facility" means museums, zoos, community centers, libraries, homeless shelters, senior Citizen centers, rehabilitation
facilities, shelter workshops and facilities which provide health and safety services of a governmental nature. All such facilities
gust be open to the general public.
rrivate Non -Profit Organizations must attach copies of their Tax Exemption Certificate and Organization Charter or By -Laws. If
your organization is a school or educational facility, please attach information on accreditation or certification.
biflalF ll'4�>�i81n1'IM'i01 -D13- Dat!`R9Cefvid.'
FEMA Form 90-49, SEP 98 REPLACES ALL PREVIOUS EDITIONS.
Joint HMGP/FMA Application Completeness Checklist
This checklist contains an explanation, example and/or reference for information requested in the application.
Please use this checklist to assure your application is complete and includes the required information for HMGP
projects. The appropriate documentation must also be attached. It is important to note that this checklist is similar
to the form that will be used during the application sufficiency review by the HMGP staff.
Project Title:
Applicant:
Application
Explanation of Information Required
✓
Requirements
Title/Brief Descriptive
The project title should include: 1) Name of Applicant, 2) Name of Project, 3) Type
Project Summary
of Project - For example - Ci of Florida City Hall Wind Retrofit
1. Applicant
Name of or anization applying, must be an eligible applicant.
2. Applicant Type
State or local government, recognized Native American tribe, or private non-profit
organization. If private non-profit, please attach documentation showing legal status
as a 501 C Exam le - IRS letter Tax Exem t Certificate).
3. County
Indicate county in which the project is located.
4. State Legislative &
Spedify the appropriate State Senate, House and Congressional District code for the
Congressional
project site. For multiple sites, please list codes for each site.
District(s)
hM://election.dos.state.fl.us/county/index.shtm]
5. Federal Tax I.D. #
List the FEIN number. May be obtained from your finance/accounting department.
6. FIPS Code
List the FIPS Code. May be obtained from your finance/accounting/grants
department. If none please submit FEMA Form 90-49.
7. NFIP ID Number
List the NFIP number. You must be a participating NFIP member to be eligible for
HMGP funding. Please make sure that the number is the same as the panel number
on the FIRM provided with the application.
8. NFIP CRS
Applicable to FMA only.
9. NFIP Last CA Visit
Applicable to FMA only.
10. Proof of NFIP
Applicable to FMA only.
Coverage
11. Point of Contact
Please provide all pertinent information for the point of contact. If this information
changes once the application is submitted, please contact the HMGP staff
immediately.
12. Application
Please provide the preparer information. May be different from the point of contact
Prepared By
line 11 and/or the a licant's agent line 13).
13. Authorized
An authorized agent must sign the application. "An authorized agent is the chief elected
Applicant Agent
official of a local government has signature authority, so for a county it would be the
Chairman of the Board of County Commissioners and for a municipality it would be the
Mayor (the exact title sometimes varies). Any local government may delegate this authority
to a subordinate official (like a City or county Manager) by resolution of the governing body
(the Board of County Commissioners or Board of City Commissioners). If a local
government delegate's signature authority, a copy of the &§Q&tion by the governing body
authorizing the signature authorityLor the individual signin& must be rovided. "
14. LMS Letter
A letter of endorsement for the project and its priority number from the Local Mitigation
Strategy must be included. Refer to Sample LMS Letter. Additionally, the letter should
identify the goals and objectives from the LMS to be implemented by the project.
Applications without a letter of endorsement will not be processed.
15. Project submitted
If this project was submitted during the 2004 Events the disaster number and project
under a previous
number are needed to determine where the project is in the review process. A revised
event
a lication with an updated budget must be subtiaitted.
Page 1
Section I -Project Description
A. Hazards to be Mitigated/Level of Protection
1. Type of Hazards
Please identify the hazard(s) that the proposed project will mitigate. More than
the Proposed Project
one hazard may be selected.
will Mitigate:
2. Identify the Type of
What type of mitigation project is being proposed?
Pro osed Project
3. Number of Persons
Explain how many people will be protected by or benefit from the proposed
Protected
project.
4. Level of protection
Specify the level of protection and magnitude of the event the proposed project
will mitigate. Attach support documentation that verifies the stated level of
protection. For example, in a wind retrofit project, the product specifications
should include product test results or a signed and sealed letter from a
professional en Meer.
S. Engineered Projects
Include engineering calculations and designs for the proposed project (for
only (e.g. Drainage)
engineered projects only).
6. Life of the project
What is the useful life of this project? (FEMA standard values are:
infrastructure, 50; elevation, 30; wind, 15; acquisition, 100) If these values are
not used, please attach support documentation as a justification of the value
entered. For example, in a wind retrofit project, the product specifications
should include product life.
B. Project Description, Scope of Work, and Protection Provided (Must be Completed in Detail)
Existing Problem
Describe the existing problem, location, source of the hazard and the history and
extent of the damage. Include newspaper articles, insurance documentation, etc. If
this project is eligible for PA (406) mitigation activities, please describe the 406
activities. .
Type of Protection
How will the funding solve the existing problem and provide protection?
Scope of Work:
What is the work to be done? The scope of work must meet eligibility based on
What the project
HMGP regulations and guidance. Explain how the proposed problem will be
proposes to do.
solved. (NOTE: The proposed project must be mitigation-- not maintenance.)
Does the proposed project solve a problem independently or constitute a
functional part of a solution where there is assurance that the projectas a whole
will be completed (44 CFR 206.434(b)(4))? Does the proposed project address a
problem that has been repetitive or that poses a significant risk to public health
and safety if left unresolved (44 CFR 206.434(b)(5)(i))? See Model Scope of
Work Language in HMGP Application Desk Reference. Generators should not
be included in the scope of work.
On -going or proposed
Are other projects, zoning changes, etc. planned (especially in the same watershed
projects in the area.
if the flooding is being addressed) that may negatively or positively impact the
proposed project? If there is a drainage project or downstream issues elsewhere, it
may negate the flooding issue, eliminating the need for a flooding project. Yes/No
or unknown with explanation if yes. Response applies to drainage and acquisition
projects and N/A is appropriate in wind retrofit shutter projects only. If this
project is also being considered under the Public Assistance Program (406), please
describe in detail the 406 mitigation activities and/or services. Do not include
project costs associated with the above referenced HMGP application.
Page 2
Section II - Project Location
A. Site
1. Physical Location
What is the physical location of the project site(s) including the street number(s),
zip codcs(s) and GPS coordinates (latitude/longitude). The physical address must
correspond with the address locations specified on maps submitted with the
application.
2. Title Holder
Provide the titleholder's name.
3. Project seaward of
Is the project site located seaward of the Coastal Construction Control Line?
the CCCL?
4. Number of.
Specify the number and type of properties affected by the project.
structures types
Example: Drainage project that affects 100 homes, 15 businesses and 2 schools.
affected
What does the project protect? Should have a number next to the box that is
checked see Section 1, Item 4.
B. Flood Insurance Rate Map (FIRM) showing Project Site
1. Copies of FIRM
Attach a copy (or copies) of the FIRM and clearly identify the project site. The
FIRM Panel number must be included. To obtain a FIRM map, go to
httD://www.store.msc.fema.&=ov/. See instructions on How to make a FIRMette.
2. Flood Zone
Specify the flood zone(s) of the project site(s).
Determination
3. MOM
Not required if a copy of the FIRM is attached.
Note: All maps must be linked to the application.
C. City or County Map with Project Site and Photographs
1. City/County Map
The project site should be clearly marked on a legible City/County map. The map
with Project Site
should be large enough to show the project site. More than one map may be
required.
2. USGS TOPO with
The project site should be clearly marked on a legible USGS 1:24,000 TOPO map.
Project Site
To obtain a TOPO map, go to www.W2ozone.com.
3. Parcel/Tax Map
A Parcel, Tax or Property Identification map is required prily for acquisition and
elevation ro'ects. The location of the structure must be clean identified.
4. Site Photograph
At least two sets of photographs are required which clearly identify the project site.
The photos must be representative of the project area, including any relevant
streams, creeks, rivers, etc. and drainage areas, which affect the project site or will
be affected by the project. The front, back and both side angles are required for
each structure. For acquisition and elevation projects, a photo taken away from
the structure (front, toward the street and back, toward backyard) to show the area
should also be provided. Please label photographs appropriately. In addition, CDs
may be submitted.
Note: All maps must be linked to the application.
Section III - Budget/Costs
Please make sure all calculations are correct. Provide a breakdown of materials, labor and fees paid for the
proposed project. Support documentation must be attached, i.e. vendor's quote, professional estimate (from
engineer, architect, local building official, etc.). The proposed budget line items should represent allowable costs
associated with the scope of work. It is important to complete this section; it will be used for the Benefit/Cost
Analysis (BCA). Costs should be accurate, complete and reasonable compared to industry standards.
Page 3
A. Materials
How much do the materials costs?
B. Labor
Provide a breakdown of description, hours, rate, and cost or lump surn labor cost.
Can use "in -kind" contribution as part of the 25% match. (Attach support
documentation for in -kind match to detail wages and salaries charged for any in -
kind contribution. No overtime wages can be used to satisfy "in -kind" match
contributions).
C. Fees Paid
Provide a breakdown of associated fees. i.e., consultants, studies, engineering,
permits. Maintenance is not an allowable cost under HMGP. Pre -award costs
may be re uested See Pre -award Costs guidance).
Total Estimated
Please make sure all calculations are correct. This figure should be the same as the
Project Cost
fi re for total fundin .
D. Funding Sources (round figures to the nearest dollar)
The proposed sources of non-federal matching funds must meet eligibility requirements. (Except as provided by Federal
statute, a cost sharing or matching requirement may not be met by costs borne by another Federal grant.) 44 CFR 13.24 (b)(1).
Estimated FEMA
The estimated FEMA share is generally 75%. If the FEMA share is not 75%,
Share
assure actual amount is entered. It could be 50% or 35%, etc. of the total dollar
amount of project depending on county allocation and LMS priority. This figure
cannot exceed 75%.
Estimated Local
May include all 3 sources, i.e. cash, "in kind" and global match, as long as the total
Share
is a minimum of 25%. Match cannot be derived from a federal agency except
Federal funds that lose their federal identi . For example, CDBG funds.
Total In -Kind
May use materials, personnel, equipment, and supplies owned, controlled and
operated from within governing jurisdiction as an in -kind match. Third party in -
kind contributions would be volunteer services, employee services from other
organizations furnished free of charge, donated supplies and loaned equipment or
space. The value placed on these resources must beat a fair market value and
must be documented. If in -kind is claimed from outside the applicant jurisdiction,
it must be cash only.
Total Project (Global)
Project (global) match must 1) be a project funded 100% within the county; 2)
Match
meet all the eligibility requirements of HMGP and 3) begin after the declaration
date of the disaster. A separate HMGP application must be submitted for global
match projects. Indicate which project(s) will be matched. The global match is
not required to be an identical project. Projects submitted, as global match for
another project, must meet the same period ofperformance time constraints as
HMGP ro ram.
Total Funding
Total must represent (100%) of the total estimated project cost.
E. Project Milestones/Schedule of Work
Milestones (Schedule) Identify the major milestones in the proposed project and provide an estimated
time -line (e.g. Designing, Engineering-- 3 months, Permitting — 6 months,
Procurement — 30 days, Installation -- 6 months, Contracting —1 month, Delays,
Project Implementation, Inspections, Closeout, etc., See Sample Project
Milestones for estimated time frames) for the critical activities not to exceed a
period of 3 years for performance. Milestones should not be grouped together but
listed individually. If the project is approved, there will only be one extension
allowed, regardless of justification. Please allot for the appropriate amount of
time.
Page 4
Section IV - Environmental Review & Historic Preservation Compliance
No work can begin prior to the completion of the environmental (NEPA) review. In order for the
Environmental staff to conduct the NEPA review, all sections listed below must be completed.
Detailed project
Complete Sections I & III of the application,
description, scope of
work & budget/costs
Project area maps
Complete Sections II, part B & C of the application.
Project area/structure
Complete Section II, Part C of the application.
photographs
Preliminary project
For shutters see the scope of work and for drainage & elevation see engineering
plans
drawings.
Project alternatives
See Section IV of the application.
description and impacts
Project worksheets —
Dates of construction are required for all structures. See worksheets.
Dates of construction
required on all projects
Documentation
Please provide any of the required documentation as listed on page 9 in the
requirements by project
Information and Documentation Requirements by Project Type that may have
type
already been obtained.
Alternative Actions
1. No Action
Please discuss the impacts on the project area if no action is taken.
Alternative
2. Other Feasible Alternative Action
Has the proposed project been determined to be the most practical, effective and environmentally sound alternative
after consideration of a rage of options 44 CFR 206.434 b S iii ?
a. Project Description
NEPA requires that at least three alternatives must be presented to mitigate the
for the Alternative
problem. In addition to the proposed action and no action, one other feasible
alternative must be provided.. If the proposed action is ineligible, what is another
b. Project Location of
the Alternative
feasible alternative? Describe how the alternative project will solve the problem
describe briefl
and provide protection from the hazard.
c. Scope of Work for
Alternative Pro ect
d. Impacts of the
Alternative Pro ect
e. Estimated Budget/Costs for Alternative Project
A. Materials
Optional
B. Labor
Optional
C. Fee Paid
Optional
Total Estimated
Project Costs
Total cost is required. Vendor quote is not required. A lump sum budget may be
submitted.
Section V - Maintenance Agreement
Signature Please complete, sign and date the maintenance agreement. The maintenance
agreement must be signed by an individual with signature authority,
preferably the authorized gent.
Page 5
Property Ac uisition Worksheet
A. Assure a separate worksheet for each individual property to be acquired is provided.
Photos (a minimum four Make sure photos have been attached to the application and are clearly
color photographs) I identified.
B. Site Information
1. Owner's Name
Check and make sure information provided matches other entries in the
application.
Social Security #
If the ap2lication is'approved, this information may be_provided upon ISquest.
Spouse's Name
List if applicable.
Spouse's SS#
If the application is approved, this information may be provided upon request.
2. Street Address (city,
state & zip) or
Ph s/Le al Location
Check and make sure information provided matches other entries in the
application.
Substantial Damage
3. Substantial If applicant claims substantial damage, assure that a Substantial Damage
Damage Certificate signed by the Local Building Official is provided and assure that
Certification documentation exists to show the property is located in a Special Flood Hazard
Area (FIRM).
The data for numbers 4, 5, and 6 of this part and all of Section D are not required ifthe structure is located in the SFHA and
a Substantial Damage Certificate is attached
4. Base Flood
Provide the following information:
Elevation of
➢ Base flood elevation, prepared by a surveyor
Property
Elevation Certificate
5. Lowest (Finished)
Provide the following information:
Floor Elevation of
➢ Lowest (Finished) Floor Elevation of Principal Structure (above sea level)
Principal,Structure
Elevation Certificate
6. Depth of Water
Provide the following information is provided:
Depth of water in the structure inches for day(s)
7. Post Mitigation
Provide the post mitigation use in the statement of work and/or this worksheet.
Property Use
The post mitigation use must be in concurrence with 44 CFR 206.434(e).
Exam les include o ens ace, park, wetland and retention pond.
C. Structure Information
1. Tax Assessor's
Attached copy of the local government Tax Assessor's record for the subject
Record
roe • or a tax ma .
2. Building Type
Check one option.
3. Building Use
Check at least one option.
4. Construction Type
Check one o tion.
5. Construction Date
When was the structure built?
6. Total Sq. Ft. of
Provide the square footage (heated & cooled areas only).
Principal Structure
7. Est. Cost to
Provide documentation from contractor or tax assessor.
Replace Principal
Structure, (if
known
8. Accessory/Out
Are there any other attached or detached buildings on the lot? Please describe
Buildings
location a of structure age and value),
9. Commercial
Contact State environmental staff.
Property
Page 6
D. History of Hazards/Damages (to the Property being acquired)
NOTE: The following data is not required if the property is located in the Flood way or if a Substantial Damage Certificate
(for most recent disaster) is attached.
Current & Past Refer to acquisition worksheet.
Damages
Note regarding damage estimates: the date, level of event, description of damages, cost of repairs/replacement must be
specific to ONLY the building under consideration. Countywide damage estimates (e.g., Hurricane Irene, 1999 caused 2
million dollars damage) cannot be used. Additionally, vague information is not useful or acceptable in lieu of specific building
damage estimates. The property damages can be a homeowner's estimate; however, please include a contractor's itemized
repair estimate, if possible.
E. Acquisition Cost Worksheet
Assure cost data is provided. If not, flag in tracker.
Acquisition Cost Refer to acquisition worksheet.
Please note: (Pre -Disaster Fair Market Value) The communitymay determine the re-disast e b
.�. y p er fair market value y using
either the local tax assessed value (plus a percentage to approximate market value) or a State Certified Property Appraiser's
estimate. In either case, the market value must be based on pre -disaster conditions. Also, if a local tax assessed value is used,
a letter from the Local Property Appraiser must accompany the application.
Elevation Worksheet
Recommended elevation is at least two feet above the Base Flood Elevation.
Photos (a minimum Make sure photos have been attached to the application and are clearly identified.
four color photographs)
A. Site Information:
1. Owner's Name
Check and make sure information provided matches other entries in the
application.
Social Security #
If the a lication is a roved, this information may be provided upon request.
2. Spouse's Name
List if applicable.
Spouse's SS#
If the a lication is approved, this information may be provided upon re nest.
3. Street Address
Check and make sure information provided matches other entries in the
(City, state and zip)
application.
or Phys/Legal
Location
B. Structure Information:
1. Building Type
Check one option.
2. Building Use
Check at least one option.
3. Construction Type
Check one option.
4. Foundation Type
Select one option.
5. Construction Date
When was the structure built?
6. Modification/
Has the structure been modified and/or upgraded? (Ifthe structure has been modified
Upgrades Date
and/or u aded the date must be proEKed.
7. Pre -disaster Value
Provide the amount and attach support documentation. Documentation options
may be:
1. Tax Assessor's record or certified a raisal (pre -disaster),
8. Total Value of
Provide the total value of content.
Contents
Up to 30% of the building replacement value or $20,000 is the FEMA default and no
support documentation required. Otherwiag. NDPQrt docMen ti such as, insurance
records, appraisals, purchase receipts, estimates based on current market prices for similar
contents is re uired
Page 7
9. Flooding Depth
What was the depth of flooding in the structure?
10. Flooding Period
What was the period of flooding? How long did the flooding last?
11. Level of Flooding
What was the level of flooding?
I12. Elevation
_ Information
Provide an elevation certificate is provided.
C. Required Information for Elevation Projects Located in a V-Zone or Numbered A -Zone
1. Elevation of Lowest
Livable Floor
2. Base Flood
Elevation
3. Local Code
Elevation
Re uirement
4. Flood Frequency
Refer to elevation worksheet.
Contact the State technical staff if assistance is needed.
D. History of Hazards/Damages (to the Structure being elevated)
Assure all current and past damages to the structure (including its contents) are provided. Damages must be fully documented.
The applicant should include damage from declared disaster events AND other hazard events which did not result in a
presidential declaration. For example, newspaper articles, insurance records, receipts, logs or journals.
Note regarding damage estimates: The applicant must provide the date, type of event. and desgkiion of damages specific to
ONLY the building under consideration. Countywide damage estimates (e.g., Hurricane Irene, 1999 caused 2 million dollars
damage) cannot be used. Further, vague information is not useful or acceptable in lieu of specific building damage estimates.
E. Elevation Cost Information
The Elevation Cost Worksheet should include all project costs to develop a detailed cost estimate. Any project costs that do not clearly fall
under the specified categories (in the table provided in the application) should be submitted for review and determination of funding
eligibility under the HMGP program. For example, newspaper articles, insurance records, receipts, logs or journals.
NOTE: For straight elevation, the structure must be retrofitted to the wind fill load requirements (L& storm shutters,
hurricane clips, etc.). In this instance, complete pages the Wind Retrofit Worksheets.
Drainage Worksheet
Please refer to the Drainage Project Worksheet for the information required. (Check if the
appropriate information has been included):
1. Project area plotted on a Flood Insurance Rate Map (FIRM); which includes the front page of map
displaying the Community Identification Number.
2. Ci or C2!Lny Scale Map identi ng the entire project area.
3. T22ographical Map.
4. Information regarding -Flood Insurance Study.
5. Number of structures flooded (water inside structure) including depth of flooding. Provide
homeowner name, address, and type of home). Include supporting documentation (i.e. pictures,
newspaper articles, and/or insurance damage estimates). An Elevation Certificate may also be
included.
6. Number of yards flooded within pEoject area.
7. Frequency of event. Verify the "Frequency of Event" which caused the damage to the property i.e.,
10-Year, 25- Year, 50-Year 100-Year etc. (Information may be obtained from USGS, NWS, NOAA,
or Hydraulic/Hydrology Engineer or Rainfall totals for specific date, month & year i.e. how many
inches in what period of time). Also include verification of losses due to repetitive minor flood events
(i.e. 1, 2, 5 Year Frequency) indicate name of event, date of incident and amount of loss per structure
Page 8
building and content. (Same support documentation as "depth of flooding inside each structure"
above #5.
8. Amount of damages in dollar amount), i.e. insurance claims content damn a structure damage.
9. Names of roads closed due to flood within project area. Economic loss per day for loss of function of
road or brid a i.e. # one-way trips, detours dela times ,
10. List of non-profit and public facilities affected by flooding including services provided, i.e. fire
stations hos itals.
11. Annual operating budget.
12. Color photographs of the damaged infrastructure property. (Ditches, Culverts, Swales,
Detention/retention basins and ponds). IRECTION must be identified.
13. Preliminary or finalEnSLneering Design Plans or feasibility study, if available
14. Final plans, hydrology/hydraulic studies, if available.
15. Estimated line item budget.
16. A project may be phased to provide technical and financial assistance to the applicant if local
resources are not available. The purpose of a phased project is to allow completion of design,
2!!gineering and environmental stud .
17. Other direct damages caused by flooding,,___
18. Indirect damages caused by flooding.
19. A Letter of Map Revision LOMR if needed for this pEoject.
NOTE: Please complete the appropriate worksheet by project type. This data will be used for the
benefit cost analysis (BCA) to determine cost effectiveness. The project worksheets explain the required
information and documentation. Individual worksheets are required far each structure (wind retrofit,
acquisition, elevation, shelter retrofit). Contact the State technical staff for assistance, if needed.
Wind Retrofit Worksheet
Photos of each side of the
Make sure photos have been attached to the application and are clearly
building to be retrofitted.
identified.
Shutter System
The appropriate documentation determining shutter system compliance should
Compliance with Dade
be attached.
County or Florida
Building Code Specs
A. Project Information
1. Building Name
Check and make sure information provided matches other entries in the
ap.plication.
2. Address
Check and make sure information provided matches other entries in the
a lication.
3. City, State & Zip
Check and make sure information provided matches other entries in the
a lication.
4. Owner/Applicant
Check and make sure information provided matches other entries in the
application.
5. Contact Person
The contact person will most likely be the same as provided on page two of the
application, however there may be the person familiar with the engineering aspects
other than the contact person listed on Page 2, Item 11 in the application. Please
note.
6. Disaster Number
N/R
T. Project Number
N/R
8 Application Date
N/R
9. Analyst
N/R
Page 9
B. Building Data
1.
Select Building
❑ Non -Engineered Wood
Type
❑ Non -Engineered Masonry
❑ Manufactured Building
Refer to wind retrofit
❑ Lightly Engineered
worksheet.
❑ Fully Engineered
❑ Other
2.
Building Site
For assistance, contact State technical staff.
Iles Inland
3.
Number of Stories
Refer to wind retrofit worksheet.
Above Grade
4.
Construction Date
When was the structure built?
5.
Historic Building
N/R
Controls
G.
Disaster Number
NCR
C. Building Size and Use
1. Total Floor Area
(SF) .
Refer to wind retrofit worksheet
2. Area Occupied by
NOTE. In most instances, the Total Floor Area and Area Occupied by Owner or
Owner or
Public/Non-Profit Agencies will be the same. If building is leased, include lease
Public/Non-Profit
agreement.
Agencies IF
APPLICABLE
D. Building Value
1. Building
Support documentation may include:
Replacement
1. Insurance policy (Declaration Page)
Value
2. Public Works/Building Department
Pro a Valuation Assessor
2. Demolition
N/R
Threshold
E. Building Contents
1. Contents
Describe the contents of the building.
Description
2. Total Value of
Provide documentation such as insurance records, appraisals, purchase receipts, or
Contents
estimates based on current market prices for similar contents are provided.
F. Displacement Costs Due to Wind
1., Rental Cost of
The FEMA default is $1.00 per square foot. Otherwise, support documentation,
Temporary
such as, rental cost from a realtor, copy of rental agreements, commercial rental
Building Space
ads or property management organizations is required.
S/sf/month
2. Other
The FEMA default is $500. Otherwise, support documentation, such as receipts or
Displacement
estimate, is required.
Costs $/month
G. Value of Public Non -Profit Service
1. Description of Refer to wind retrofit worksheet.
Services Provided
Page 10
2.. Annul Budget of
How much does it cost to operate the building? Provide the operating budget
Public Noin-Profit
specifically for the building6project site, not the entire city/county/school district
(applicant) Agencies
budget.
3. Post Disaster
N/R
Continuity
Premium(S/dayl
H. Mitigation Project Data
1. Project Description
The project description provided should correspond with Section I, B in the
application.
- Project Useful Life
Refer to wind retrofit worksheet.
ears
3. Mitigation Project
The amount should correspond with the total cost stated at Section III, D.
Costs
4. Base Year of Costs
N/R '
S. Annul
Refer to wind retrofit worksheet.
Maintenance Costs
Page 11
Section V. Maintenance Agreement
All applicants whose proposed project involves the retrofit or modification of existing public property or
whose proposed project would result in the public ownership or management of property, structures, or
facilities, mustfirst sign the following agreement prior to submitting their application to F'EMA.
(NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to
private property where the ownership will remain private after project completion DO NOT have to complete
this form.)
The of , State of Florida, hereby agrees that
(�Gity, Town, County)
if it receives any Federal aid as a result of the attached project application, it will accept responsibility, at its owp
expense if necessary, for the routine maintenance of any real property, structures, or facilities acquired or
constructed as a result of such Federal aid. Routine maintenance shall include, but not be limited to, such
responsibilities as keeping vacant land clear of debris, garbage, and vermin; keeping stream channels, culverts,
and storm drains clear of obstructions and debris; and keeping detention ponds free of debris, trees, and woody
growth.
The purpose of this agreement is to make clear the Subgrantee's maintenance responsibilities following project
award and to show the Subgrantee's acceptance of these responsibilities. It does not replace, supercede, or add to
any other maintenance responsibilities imposed by Federal law or regulation and which are in force on the date of
project award.
Signed by the duly authorized representative
(printed or typed name of signing of ciao
(title)
this (day) of (month), (year).
Signature*
*Please note: The above signature must be by an individual with legal signing authority for the
respective local government or county (eg., the Chairperson, Board of County Commissioners or the
County Manager, etc.)
10 Page 10 of 10
Attach any continuations or additional items to this page (Form No. HMGP/MN-ool, Eff06/16/06)
DIVISION OF
CHARLIE GRIST
Governor
Mr. Michael Gresek
Special Projects Coordinator
City of Tamarac
7525 Northwest 88"' Avenue
Tamarac, Florida 33321
STA'I F OF FLORIDA
EMERGENCY
June 30, 2008
MANAGEMENT
W, CRAIG FUGATE
Director
Re: FEMA Project Number 1609-79-R
City of Tamarac, Broward County, Utilities Complex Facilities -Wind Retrofit
Dear Mr. Gresek.:
Enclosed is the executed Hazard Mitigation Grant Program contract (DEM No. 081IM-6G-11-16-
02-063) between the City of Tamarac and the Division of Emergency Management. Upon completion of
the work identified in the contract, a Request for Reimbursement form (Attachment D) should be
completed and submitted to the Division for processing in accordance with Paragraphs (17) and (18) of
the Agreement. Additional assistance is available regarding your Project on the Florida Division of
Emergency Management Web: http://www.floridadisaster.orp-/brm/hmgp.ht!p. Please reference the
heading: Grant Management Tools Listed Below which contains sample documents that will provide
guidance for completing requests for reimbursement, reporting requirements and supporting documents
containing important points, and sub -grantee close-out checklists.
Please forward all Requests for Reimbursement (Attachment D) to the Florida Division of
Emergency Management at the following address:
Florida Division of Emergency Management
State of Florida, 1-lazard Mitigation Section
Shaurita Jackson, Project Manager
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Respectfully,
W. Craig Fugate, Director
Division of Emergency Management
WCh: v#
Enclosures
FLORIDA RECOVF,RV OFFICE • DIVISION HEADQUARTERS • STATE LOGISTICS RESPONSE CENTER
36 Skyline Drive 2555 Shurnard flak Boulevard 2702 Directors Row
Lake Mary, FL 32746-6201 l allahassue, FI. .12399-2100 Orlando, FL. 32809-5631
Tel: 850-413-9969 • Fax 850-488-1016
w �a �� I luri d,ilrivnslcr.orp.
Contract Number: 08HIM-6G-11-16-02-063
CFDA Number: 97.039
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency
Management, with headquarters in Tallahassee, Florida (hereinafter referred to as "Division"), and City of
Tamarac, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein; and
B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the
authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and
C. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under this
Agreement.
NOW, THEREFORE, the Division and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES
Both the Recipient and the Division shall be governed by applicable State and Federal
laws, rules and regulations, including but not limited to those identified in Attachment B.
(3) PERIOD OF AGREEME
This Agreement shall begin March 10, 2008, and shall end March 31, 2010, 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 mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, 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 "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds
provided 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 Chief Financial Officer, or Auditor General access to such
records upon request. The Recipient shall ensure that audit working papers are made available to the
Division or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years
from the date the audit report is issued, unless extended in writing by the Division, with the following
exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained 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 of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for five years
after closing 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 supporting 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.
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'r.
(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 be construed according to the
circumstances but ordinarily shall 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 all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department and/or 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 State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal
awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Division by this Agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards. The
determination of amounts of Federal awards expended should be in accordance with the guidelines
established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor
General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements
of this paragraph.
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In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
the audit must be paid from non -Federal resources (i.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section
320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(an electronic copy shall also be submitted to aurilia. arrish d a.state.fl.us
and
Division of Emergency Management
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10`h Street
Jeffersonville, IN 47132
Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised,
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the following addresses:
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Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[an electronic copy shall also be submitted to aurilla.parrish(a,)dica.state.fl.us]
and
Division of Emergency Management
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
Department and the Division pursuant to this Agreement shall be submitted timely in accordance with
OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department and the
Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate
the date that the reporting package was delivered to the Recipient in correspondence accompanying the
reporting package.
(i) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, 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 (30) days after the Department or the Division has
notified the Recipient of such non-compliance.
0) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who
shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat.
The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be
submitted to the Department and the Division no later than seven (7) months from the end of the
Recipient's fiscal year.
(7) REPORTS
(a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with
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
5
expenditure of funds under this Agreement, in addition to such other information as requested by the
Division.
(b) Quarterly reports are due to be received by the Division no Later than 15 days after
the end of each quarter of the program year and shall continue to be submitted 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 upon
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies, prescribed above, 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 such other action as set forth in Paragraph (11) REMEDIES.
"Acceptable to the Division" means that the work product was completed in accordance with the Budget
and Scope of Work, Attachment A.
(e) The Recipient shall provide such additional program updates or information as may
be required by the Division-
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to
ensure that time schedules are met, the Budget and Scope of Work, Attachment A is accomplished within
the specified time periods, and other performance goals stated in this Agreement are achieved. Such
review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment
A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures
may include, but not be limited to, on -site visits by the Division staff, ►imited scope audits as defined by
OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply and cooperate with all 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 Comptroller 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 shall be solely responsible to parties with whom it shall deal in carrying out the terms
of this agreement, and shall hold the Division harmless against all claims of whatever nature by third
parties arising out of the performance of work 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 who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat„ agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees
to be liable for any damages proximately caused by said acts or omissions. 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 any further payment of funds hereunder shall, if the Division so elects, terminate and the
Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may
make any payments or parts of payments after the happening of any Events of Default without thereby
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 shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
(b) If any material adverse change shall occur in the financial condition of the Recipient
at any time during the term of this Agreement, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time 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 in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES.
Upon the happening of an Event of Default, then the Division may, at its option, upon
thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure
within said thirty (30) day period, 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 (30)
days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to
the address set forth in paragraph (13) herein;
Agreement;
(b) Commence 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) Exercise any corrective or remedial actions, to include but not be limited to:
1. requesting additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. issuing a written warning to advise that more serious measures may be taken
if the situation is not corrected,
3. advising the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question or
4. requiring the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible;
F]
(e) Require that the Recipient return to the Division any funds which were used for
ineligible purposes under the program laws, rules and regulations governing the use of funds under this
program.
(f) Exercise any other rights or remedies which may be otherwise available under
law.
(g) The pursuit of any one of the above remedies shall not preclude the Division from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Division of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder,
or affect the subsequent exercise of the same right or remedy by the Division for any further or
subsequent default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause upon such written notice as is
reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; 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 the continuation of the Agreement would not produce beneficial results
commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar
days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience as
evidenced by written amendment of this Agreement. The amendment shall establish 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
the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the
Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the
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Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for
purpose of set-off until such time as 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 identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Ms. Kathleen Marshall, Planning Manager
Bureau of Recovery and Mitigation
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850) 922-5944
Fax: (850) 922-1259
e,marshal„_ yflorida.com
Email: at en
.....a.=err!.m...............__....—
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mr. Michael Gresek
Special Projects Coordinator
City of Tamarac
7525 Northwest 88'" Avenue
Tamarac, Florida 33321
Telephone: (954) 597-3517
Fax: (954) 597-3520
Email: michaelgr@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
rendered as provided in (13)(a) above.
(14)
SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the
fully executed subcontract must be forwarded to the Division within ten (10) days of execution for review
and approval. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
10
extent allowed and required by law. Each subcontractor's progress in performing its work under this
Agreement shall be documented in the quarterly report submitted by the Recipient.
For each subcontract, the Recipient shall provide a written statement to the (division as to
whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat..
(15) TERMS AND CONDITIO
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 herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A — Budget and Scope of Work
Attachment B — Program Statutes and Regulations
Attachment C — Statement of Assurances
Attachment D — Request for Reimbursement
Attachment E — Justification of Advance
Attachment F — Quarterly Report Form
Attachment G — Warranties and Representations
Attachment H — Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
(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 $81,579.00
subject to the availability of funds. All requests for reimbursement of administrative costs must be
accompanied by the back-up documentation evidencing all such administrative costs.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
11
(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. If an advance payment is requested, the budget data on which
the request is based and a justification statement shall be included in this Agreement as Attachment E.
Attachment E will specify the amount of advance payment needed and provide an explanation of the
necessity for and proposed use of these funds.
An advance payment of $ is requested.
(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.
If the necessary funds are not available to fund this Agreement as a result of action by Congress,
the State Legislature, the Office of the Chief Financial Officer, the State Office of Planning and Budgeting
or the Federal Office of Management and Budgeting, all obligations on the part of the Division to make
any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report
within thirty (30) days of receipt of notice from the Division.
(18) REPAYMENTS
All refunds or repayments to be made to the Division under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
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 Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater.
(19) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
12
and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue
the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to
Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant.
Vendors experiencing problems obtaining timely payment(s) from a state agency may
receive assistance by contacting the Vendor Ombudsman at (850) 413-5516.
(20) STANDARD 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 subsequent submission or response to Division request, or in any submission or response to fulfill the
requirements of this Agreement, and such information, representations, and materials are incorporated by
reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and
with thirty (30) 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 lie in Leon County. If any provision hereof is in
conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be
deemed null and void to the extent of such conflict, and shall be deemed 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 terms and life of this Agreement as a whole.
(d) The 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.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has 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
13
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 Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government, by signing this Agreement,
the Recipient 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 commission of 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
20(h)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.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Division prior to the Recipient entering into a contract with any
prospective subcontractor.
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(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.
Q) If otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with Section 112.061, Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement for refusal by
the Recipient to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with 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
("INK)]. 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
Department.
(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 such meetings shall be publicly
noticed, open to the public, and the minutes of all such meetings shall be public records, available to the
public in accordance with Chapter 119, Fla. Stat.
(o) Unless inconsistent with the public interest or unreasonable in cost, all
unmanufactured and manufactured articles, materials and supplies which are acquired for public use
under this Agreement must have been produced in the United States as required under 41 U.S.C, 10a.
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(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division in connection with 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 undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
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.
16
(22) COPYRIGHT,_ PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH
THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient brings to the performance of this Agreement 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 arises or is developed in the course of or as a result of
work or services performed under this Agreement, or in any way connected herewith, the Recipient shall
refer the discovery or invention to the Division for a determination whether patent protection will be sought
in the name of the State of Florida. Any and all patent rights accruing under or in connection with the
performance of this Agreement are hereby reserved to the State of Florida. In the event that any books,
manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any
and all copyrights accruing under or in connection with the performance under this Agreement are hereby
transferred by the Recipient to the State of Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relevant 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 so disclosed. Failure to disclose will indicate that no such
property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights
which accrue during performance of the Agreement.
(23) LEGAL AUTHORIZATION,
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
17
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
(24) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
Reci t: CITY OF TAMARAC
BY.
Name and title: City Manager
Date: Ma_y__..12._L 2008
FID#: 59-1039552
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
W!�
Name and T I e: W. Craig Fugate, Director
Date: � 0 1(
Ulm
APP ED AS T41LE L. FORM
0 ICE OF THEORNEY
DATED: w_ ._�_ -.;.—
0 �.
EXHIBIT -
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE: If the resources awarded to the recipient represent more than one Federal program,
provide the same information shown below for each Federal program and show total Federal
resources awarded.
Federal Program: Federal Emergency Management Agency, Hazard Mitigation Grant
Catalog of Federal Domestic Assistance Number: 97.039
Amount of Federal Funding: $81,579.00
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
NOTE: If the resources awarded to the recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown
below.
Federal Program:
List applicable compliance requirements as follows:
Recipient is to use funding to perform the following eligible activities; include mitigation
projects that will result in protection of public or private property from natural hazards.
Eligible projects include, but are not limited to:
• Acquisition of hazard prone properties
• Retrofitting of existing buildings and facilities
• Elevation of flood prone structures
• Infrastructure protection measures
• Storm water management improvements
• Minor structural flood control projects
• Relocation of structures from hazard prone areas
• Retrofitting of existing buildings and facilities for shelters
• Vegetative management/soil stabilization
• Mitigation Planning Project
• Other projects that reduce future disaster losses
2. Recipient is subject to all administrative and financial requirements asset forth in this
Agreement, or will be in violation of the terms of the Agreement.
NOTE: Instead of listing the specific compliance requirements as shown above, the State
awarding agency may elect to use language that requires the recipient to comply with the
requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for
Federal Program 1, the language may state that the recipient must comply with a specific law(s),
rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility
determinations are to be made. The State awarding agency, if practical, may want to attach a
copy of the specific law, rule, or regulation referred to.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit 1 be provided to the recipient.
19
Attachment A
Budget and Scope of Work
Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, the City of Tamarac, will wind retrofit three
(3) public buildings as follows:
The Water Treatment Plant Control Building, located at 7803 Northwest 615t Street, Tamarac,
Florida 33321, by purchasing and installing twenty-four (24) Impact Resistant Frame (Shuttering
and/or Window) Systems on thirty (30) window openings;
The Tamarac Public Works Building, located at 6011 Nob Hill Road, Tamarac, Florida 33321 by
purchasing and installing seven (7) Storm Bay Doors; and
The Tamarac Utilities Building, located at 6001 Nob Hill Road, Tamarac, Florida 33321, by
purchasing and installing three (3) Storm Bay Doors and impact glass on sixteen (16) windows.
If deemed necessary, wind protection will be provided on any other openings such as skylights, vents,
louvers and exhaust fans. All installations will be done in strict compliance with the Florida Building Code
or Miami -Dade Specifications. All materials will be certified to meet the wind and impact standards of the
current local codes. The local municipal or county building department will inspect and certify installation
according to the manufacturer's specifications.
This is FEMA project 1609-79-R, funded under 1609-DR-FL.
The Period of Performance for this project ends on March 31, 2010.
Schedule of Work
State Contracting:
Develop A Standard or Specification. -
Solicit For Bids:
Award On Agreement:
Permit Process:
Delivery and Installation:
Inspection:
Invoicing and Payment:
State Final Inspection.
State Closeout:
Total Period of Performance:
6
Months
1
Month
1
Month
2
Months
1
Month
6
Months
0
Months
14 days
0
Months
14 days
3
Months
3
Months
23
Months
28 days
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the safety of
inhabitants before, during or after a natural man made disaster.
The funding provided by the Division of Emergency Management under this subgrant shall compensate
for the materials and labor for the installation of storm shutters and/or other hardening activities as a
retrofit measure for the Recipient's building to reduce and/or mitigate the damage that might otherwise
occur from severe weather or other hazards. The funding of this project by the Department does not
confer or imply any warranty of use or suitability for the work performed pursuant to this agreement. The
State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including
but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a
particular purpose, merchantability, or merchantable quality.
This project has not been evaluated by the criteria contained in the standards of the Department of
Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual FEMA 361-
Design and Construction for Community Shelter, and thus does not provide "near absolute protection." It
is understood and agreed by the Department and the Recipient that the building may have vulnerabilities
20
due to age, design and location which may result in damage to the building from wind events even after
the installation of the mitigation measures funded under this Subgrant Agreement. It is further understood
and agreed by the Department and the Recipient that the level of wind protection provided by the
mitigation action, although meeting State standards and codes and enhancing the structural integrity of
the building, does not ensure the safety of survival of building occupants.
Budget
Line Item Budget*
Water Treatment Plant Control Building —
Materials and Labor:
Tamarac Public Works Building —
Materials and Labor:
Tamarac Utilities Building — Materials and Labor:
Sub -Total:
Administrative Cost:
Total:
Project Cost Federal Share Local Share
$ 45,435.00 $34,076.00
$ 23,900.00
$17,925.00
$ 35,929.00
$26,947.00
$105,264.00
$78,948.00
2,631.00
$105,264.00
$81,579.00
$11,359.00
$ 5,975.00
8,982.00
$26,316.00
$ 0.00
$26,316.00
* Any line item amount in this Budget may be increased or decreased 10% or less without an amendment
to this Agreement being required, so long as the overall amount of the funds obligated under this
Agreement is not increased.
Funding Summary
Federal Share: $ 78,948.00 ( 75%)
Local Share: $ 26,316.00 ( 25%)
Total Project Cost: $105,264.00 (100%)
Recipient Administrative Allowance up to $2,631.00.
21
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long-term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement
In addition to the above statues and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described
in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in
accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the
allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not
deviate from the approved project and the terms and conditions of this Agreement. Recipient shall
comply with any and all applicable codes and standards in performing work funded under this Agreement,
and shall provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient
and any land use permitted by or engaged in by the Recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163,
Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses
authorized for, only those uses which are permitted under the comprehensive plan and land development
regulations. The Recipient shall be responsible for ensuring that any development permit issued and any
development activity or land use undertaken is, where applicable, also authorized by the Water
Management District, the Florida Department of Environmental Protection, the Florida Department of
Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land
use permitting authority, where required. Recipient agrees that any repair or construction shall be in
accordance with applicable standards of safety, decency, and sanitation, and in conformity with
applicable codes, specifications and standards.
Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms with the approved plans and specifications
and will furnish progress reports and such other information to HMGP as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the
affected real property shall record in the public records of the county where it is located the following
covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from
which a structure will be removed pursuant to the project:
1. The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
2. No new structure will be erected on property other than:
(a) a public facility that is open on all sides and functionally related to a
designated open space;
(b) a restroom; or
22
3. A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
4. After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and
5. If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the Regional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating
in the NEPA process. You are reminded that no construction may occur in this phase, that a full
environmental review must be completed prior to funding Phase II.
As a reminder, the Recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
1. For construction projects, the grantee must "obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13 (c));
2. A change in the scope of work must be approved by FEMA in advance regardless of the
budget implications; and
3. The Recipient must notify the State as soon as significant developments become known,
such as delays or adverse conditions that might raise costs or delay completion, or favorable
conditions allowing lower cost or earlier completion. Any extensions of the period of
performance must be submitted to FEMA 60 days prior to the project expiration date.
STATEMENT OF ASSURANCES
The Recipient assures that it will comply with the following statues and regulations, to the extent
applicable:
1) 53 Federal Register 8034
2) Federal Acquisition Regulations 31.2 and 031.2
3) Section 1352, Title 31, US Code
4) OMB Circulars A-21, A-87, A-110, A-122
5) Chapter 473, Florida Statutes
6) Chapter 215, Florida Statutes
7) Section 768.28, Florida Statutes
8) Chapter 119, Florida Statutes
9) Section 216.181(6), Florida Statutes
10) Cash Management Improvement Act Of 1990
11) American with Disabilities Act
12) Section 112.061, Florida Statutes
13) Immigration and Nationality Act
14) Section 286.011, Florida Statutes
15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR, Part 66, Common rule,
16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
17) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
23
18) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593
19) Archeological and Historical Preservation Act of 1966 (16 USG 569a-1 et seq.)
20) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
21) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
22) 28 CFR applicable to grants and cooperative agreements
23) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
24) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
25) Title VI of the Civil Rights Act of 1964, as amended;
26) Section 504 of the Rehabilitation Act of 1973, as amended;
27) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
28) Title IX of the Education Amendments of 1972;
29) the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations,
30) 28 CFR Part 42, Subparts C,D,E, and G
31) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
32) Federal Acquisition Regulations 31.2 and 931.2
24
Attachment C
Statement of Assurances
To the extent the following provisions apply to the award of assistance in this Agreement, as determined
by the awarding agency, the Recipient hereby assures and certifies that:
(a) It possesses legal authority to enter into this agreement, and to execute the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (DEM), including all understandings and assurances contained therein,
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 be admitted to any share or part of this agreement or to any benefit to arise from the same.
No member, officer, or employee of the Recipient or its designees or agents, no member of the
governing body of the locality in which the program is situated, and no other public official of such
locality or localities who exercises any functions or responsibilities with respect to the program
during his tenure or for one year thereafter, shall have any interest direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed in connection with the
program assisted under this agreement. The Recipient shall incorporate or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant
to the purpose state above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for
eligible contract work completed prior to the date the notice of suspension of funding was
received by the Recipient. Any cost incurred after a notice of suspension or termination is
received by the Recipient may not be funded with funds provided under this Agreement unless
previously approved in writing by DEM. All Recipient contracts shall contain provisions for
termination for cause or convenience and shall provide for the method of payment in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring
that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half
times their basic wage rates for all hours worked in excess of forty hours in a work week;
and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work -week.
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 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 receives Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance extended to the
Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
used for a purpose for which the Federal financial assistance is extended, or for another
49
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualified handicapped individuals as provided in
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) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42
U.S.C. Section 12101 et-seq.), where applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications;
(h) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to
Section 112.313 and Section 112.3135, FS;
(i) 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;
(j) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
(k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
(1) 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;
(m) 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:
(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
26
(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. 470f, and implementing
regulations in 36 CFR part 800.
(4) When any of Recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR 800, (2)(e), the Federal Emergency
Management Agency (FEMA) may require Recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and
suggest methods of repair or construction that will conform with the
recommended approaches set out in the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992
(Standards), the Secretary of the Interior's Guidelines for Archeological
Documentation (Guidelines) (48 Federal Register 44734-37), or any other
applicable Secretary of Interior standards. If FEMA determines that the eligible
scope of work will not conform with the Standards, Recipient agrees to
participate in consultations to develop, and, after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition
measures, including but not limited to, impacts to archeological sites, and the
salvage, storage, and reuse of any significant architectural features that may
otherwise be demolished.
(5) Recipient agrees to notify FEMA and DEM if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation for footings and
foundations; and installation of utilities (such as water, sewer, storm drains,
electrical, gas, leach lines and septic tanks) except where these activities are
restricted solely to areas previously disturbed by the installation, replacement or
maintenance of such utilities. FEMA will request the SHPO's opinion on the
potential that archeological properties may be present and be affected by such
activities. The SHPO will advise Recipient on any feasible steps to be
accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the
recovery of archeological data from the property.
If Recipient is unable to avoid the archeological property, develop, in consultation
with the SHPO, a treatment plan consistent with the Guidelines and take into
account the Advisory Council on Historic Preservation (Council) publication
"Treatment of Archeological Properties". Recipient shall forward information
regarding the treatment plan to FEMA, the SHPO and the Council for review. If
the SHPO and the Council do not object within 15 calendar days of receipt of the
treatment plan, FEMA may direct Recipient to implement the treatment plan. If
either the Council or the SHPO object, Recipient shall not proceed with the
project until the objection is resolved.
(6) Recipient shall notify DEM and FEMA as soon as practicable: (a) of any changes
in the approved scope of work for a National Register eligible or listed property;
(b) of all changes to a project that may result in a supplemental DSR or modify
an HMGP project for a National Register eligible or listed property; (c) if it
appears that a project funded under this Agreement will affect a previously
unidentified property that may be eligible for inclusion in the National Register or
affect a known historic property in an unanticipated manner. Recipient
27
acknowledges that FEMA may require Recipient to stop construction in the
vicinity of the discovery of a previously unidentified property that may be eligible
for inclusion in the National Register or upon learning that construction may
affect a known historic property in an unanticipated manner. Recipient further
acknowledges that FEMA may require Recipient to take all reasonable measures
to avoid or minimize harm to such property until FEMA concludes consultation
with the SHPO. Recipient also acknowledges that FEMA will require, and
Recipient shall comply with, modifications to the project scope of work necessary
to implement recommendations to address the project and the property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when, with intent to avoid the requirements
of the PA or the NHPA, Recipient intentionally and significantly adversely affects
a historic property, or having the legal power to prevent it, allowed such
significant adverse affect to occur.
(n) 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;
(o) 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;
(p) 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;
(q) 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;
(r) 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;
(s) 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;
(t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of
the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race,
color or nation origin;
(u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(y) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
(z) 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;
(aa) 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;
28
(bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
(cc) 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;
(dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs;
(ee) 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;
(ff) 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);
(gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(hh) 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
(ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
(jj) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient
and its demolition contractor have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been
contained thereon.
3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos
and lead in accordance with requirements of the U.S. Environmental Protection Agency,
the Florida Department of Environmental Protection and the County Health Department.
4. Provide documentation of the inspection results for each structure to indicate:
Safety Hazards Present
Health Hazards Present
Hazardous Materials Present
5. Provide supervision over contractors or employees employed by Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify DEM promptly of any unusual existing condition which hampers the contractors
work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
29
Provide documentation of closures.
10. Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
11. Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33
U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
30
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION GRANT PROGRAM FUNDS
RECIPIENT NAME: CITY OF TAMARAC
ADDRESS:
CITY, STATE, ZIP CODE:
PAYMENT No.: DEM Agreement No: 08HM-6G-11-16-02-063
FEMA Tracking Numbers: 1609-79-R
Eligible
Amount
100%
Obligated
Federal
75%
Obligated
Non -Federal
25%
Previous
Payments
Current
Request
DEM Use Only
Comments
__Approved
TOTAL CURRENT REQUEST: $
1 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 DEM 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
31
Applicant:
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION GRANT PROGRAM
Tamarac Disaster No.: 1609
DEM Agreement No. 08HM-6G-11-16-02-063 FEMA Tracking #:
1609-79-R
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
32
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is
requested, budget data on which the request is based must be submitted. Any advance payment under this
Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed
the expected cash needs of the recipient within the initial three months.
[ ] NO ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
ADVANCE REQUEST WORKSHEET
[ ] 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 worksheet.
(A)
(B)
(C)
(D)
FFY
FFY
IFFY
Total
DESCRIPTION
2005-2006
2006-2007
2007-2008
1
INITIAL CONTRACT ALLOCATION
2
FIRST THREE MONTHS CONTRACT
EXPENDITURES
3
AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
Divide line 2 by line 1.
'First three months expenditures need only be provided for the years in which you requested an advance.
If you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell D3
HMGP Award
(Do not include match)
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
MAXIMUM
ADVANCE
[ ] Recipient has no previous HMGP contract history. Complete Estimated Expenses chart
and Explanation of Circumstances below.
[ ] Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances
below. Attach additional pages if needed.
33
ESTIMATED EXPENSES
BUDGET CATEGORY
2007-2008 Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
34
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
RECIPIENT:_ City of Tamarac
QUARTERLY REPORT FORM
Project Number #:
1609-79-R
PROJECT LOCATION: Retrofit DEM ID #: 08HM-6G-11-16-02-063
DISASTER NUMBER: 1609 QUARTER ENDING:
Provide amount of advance funds disbursed for period (if applicable) $_
Provide reimbursement projections for this project:
July -Sep, 200—$ Oct -Dec, 200 $ Jan -Mar, 200—$_
July -Sep, 200 $ Oct -Dec, 200—$ Jan -Mar, 200_$_
Percentage of Work Completed (may be confirmed by state inspectors);
Project Proceeding on Schedule: [ ] Yes [ ] No
Describe milestones achieved during this quarter
Apr -June, 200_$_
Apr -June, 200�$
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 DEM 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:
35
Attachment G
Warranties and Representations
Financial Management
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify adequately the source and application 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 adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
(6) Accounting records, including cost accounting records that are supported by source
documentation.
Competition
All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical,
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 objective 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,
price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the
bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids
or offers may be rejected when it is in the Recipient's interest to do so.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts, The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the recipient.
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 H
_.._..,. __...,.,. _,. ....._.._..._ 1 Certification Regarding
De I barment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, _ , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form_
CONTRACTOR:
By:
Signature
Name and Title
Street Address
City, State, ZIP
Date
Rec p r(t's mfmee
Division Contract Number
37