Agenda Item #4E - Hazard Mitigation GrantCITY OF ATLANTIC BEACH
ClTY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Ha zard Mitigation Grant for Donner Subdi vision Sewer Upgrades
SUBMITTED BY: Donna Kaluzni.ak, CEP, Uti lity Dirccto ~
OA TE: April 18, 20 14
STRATEGIC PLAN LINK: None
AGENDA ITEM II 41~
MAY 12,2011\
BACKGROUND: The Hazard Miti gation Grant Program (IrMGP) was establis hed by the Federal
Government through the Stafford Act. It is ad mini stered by FEMA and managed by the Florida Division of
Emergency Management. Staff submitted a Ha zard Ytitigation Grant application for sewer rehabilitation in
January 2013 fo r Donner Subdivision Sewer Upgrades Phase H.
Th is project is part of an overall sewer reha bilitati on pla n th at was out lined in Lhe City's 2000 Sewer Master
Plan, and again inc lu ded in the 2006 Sewer Master Plan Update. The wastewa ter co ll ection system in Lhe
targeted area of the Cit y consists of old vitreous clay pipe that is susceptib le to cracking and leaking and old
brick manholes that are prone to severe detetioration.
Rehab ilit ating the sewer mains with cured-in-pl ace pipe is a very cost-effect ive and qui ck me ans to alleviate
ra infa ll inflow and infiltrat ion. Manho les will be rehabilltated and lin ed with a specia lt y coa tin g.
Staff received notification of the grant award on April 11 , 20 14. Four copies of the signed Agreement must be
sent to th e florida Division ofEmcrgcncy Management by May 16,20 14.
BUDGET: A tota l of$155,000 was budgeted for the project unde r accoun t numb er 410-5508 -535-6300. The
tota l cost ofthe pmject is $155 ,000 and the gran t requires a 25% local match of$38,750. The City will be
reimbursed for the $116,250 HMGP sha re as th e project is completed.
RECOMMENDATIONS: To autho ri ze the Mayor to sign the gra nt Agreement.
ATTACHMENTS: HM GP Agreement
REVIEWED BY CJTY MANAGER:'-2tt/a.nt2(C?r,f
Contract Number: 14HM-6B-04-26-02-__ _
Project Number: 4068-04-R
FEDERALLY-FUNDED SUBGRANT AGREEMENT
AGENDA ITEM# 4E
MAY 12,2014
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division") and the City of Atlantic
Beach, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein: and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS, AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties, and shall end June 30, 2015, unless
terminated earlier in accordance with the provisions of Paragraph ( 12) of this Agreement.
(4) MODIFICATIONS OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are
agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original
of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
Federal OMB Circular No. A-102, "Common Rule: Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular
No. A-11 0, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Educations, Hospitals, and Other Non-Profit Organizations," and either OMB Circular No. A-87, "Cost
AGENDA ITEM# 4E
MAY 12,2014
Principles for State, Local and Indian Tribal Governments," OMB Circular No. A-21, "Cost Principles for
Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Non-Profit Organizations."
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all sub-contractors and consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires, and
extends beyond the five year period, the records shall be retained until all litigation, claims or
audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $5,000
or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after the
closing of the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors of
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs in a form sufficient to determine compliance with the requirements and objectives of the Budget and
Scope of Work-Attachment A-and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be
paid from funds provided under this agreement, shall allow access to its records at reasonable times to
the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business
hours of 8:00a.m. to 5:00pm., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
{b) These records shall be available at reasonable times for inspection, review, or audit by
state personnel and other personnel authorized by the Division. "Reasonable" shall ordinarily mean
normal business hours of 8:00a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division with records, reports and financial statements
upon request for the purpose 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
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AGENDA ITEM# 4E
MAY 12,2014
accordance with the provisions of OMS Circular A-133, as revised. EXHIBIT 1 to this Agreement shows
the 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, including
Federal resources received from the Division. The determination of amounts of Federal awards
expended should be in accordance with the guidelines established by OMS Circular A-133, as revised.
An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMS
Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph (6)(d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMS 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 OMS 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 chooses to
have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of
the audit must be paid from non-Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMS Circular
A-133, as revised, and required by subparagraph (d) above, when required by Section .320(d} OMS
Circular A-133, as revised, by or on behalf of the Recipient to:
The Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Send the Single audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by
submission online at
http://ha rvester. census. gov /fac/collect/d dei ndex. htm I
And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f)
OMS Circular A-133, as revised.
(f) Pursuant to Section .320(f}, OMS Circular A-133, as revised, the Recipient shall send a
copy of the reporting package described in Section .320(c), OMS Circular A-133, as revised, and any
management letter issued by the auditor to the Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required to be
submitted to the Division pursuant to this Agreement in accordance with OMS Circular A-133, Florida
Statutes, and Chapters 10.550 (local government entities) or 10.650 (non-profit and for-profit
organizations), Rules of the Auditor General, as applicable.
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AGENDA ITEM# 4E
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(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local government entities) or 10.650 (non-profit and for-profit
organizations), Rules of the Auditor General.
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance.
U) The Recipient shall have all audits completed by an independent certified public
Accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Florida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above.
The audit must be received by the Division no later than nine months from the end of the Recipient's
fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all sub-recipients and
subcontractors in completing the work described in the Scope of Work and the expenditures of funds
under this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates of each quarter of the program year are March 31, June 30, September 30,
and December 31.
(c) The close-out report is due 60 days after termination of this Agreement or 60 days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports and information identified in Attachment D.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
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AGENDA ITEM# 4E
MAY 12,2014
In addition to reviews of audits conducted in accordance with Paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/
processes deemed appropriate by the Division. In the event that the Division determines that a limited
scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Florida
Statutes: the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result
in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts of omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to
serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing
herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued
by third parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the Division
to make further payment of funds shall, if the Division elects, terminate and the Division has the option to
exercise any of its remedies set forth in Paragraph ( 11 ). However, the Division may make payments or
partial payments after any Events of Default without waving the right to exercise such remedies, and
without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement of any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time
during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days
from the date written notice is sent by the Division;
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AGENDA ITEM# 4E
MAY 12,2014
(c) If any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete or insufficient information;
{d) If the Recipient has failed to perform and complete on time any of its obligations under
this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of
the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior
written notice of the termination. The notice shall be effective when placed in the United States, first class
mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
Paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
{d) Require that the Recipient refund to the Division any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds;
(e) Exercise any corrective or remedial actions, to include but not limited to:
1. Request additional information from the Recipient to determine the reasons for or
the extent of non-compliance or lack of performance,
2. Issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3. Advise the Recipient to suspend, discontinue or refrain from incurring costs for any
activities in question, or
4. Require the Recipient to reimburse the Division for the amount of costs incurred for
any items determined to be ineligible.
(f) Exercise any other rights or remedies which may be available under law;
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Florida Statute, as amended.
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AGENDA ITEM# 4E
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(b) The Division may terminate this Agreement for convenience or when it determines, in its
sole discretion that continuing the Agreement would not produce beneficial results in line with the further
expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through
a written amendment of this Agreement. The amendment will state the effective date of the termination
and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations
for the termination portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due to the Division from the Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Ms. Kathleen Marshall
Bureau of Mitigation
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850) 922-5944
Fax: (850) 922-1259
Email: kathleen.marshall@em .myflorida .com
(c) The name and address of the Representatives of the Recipient responsible for the
administration of this Agreement is:
Mr. Victor Gualillo, Commander
850 Seminole Boulevard
Atlantic Beach, florida 32233
Telephone: (904) 247-5859
Fax: (904) 247-5867
Email:vqualillo@coab.us
(d) In the Event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
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(14) SUBCONTRACTS
AGENDA ITEM# 4E
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If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontract is bound by the
terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida
Statutes.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement
and the attachments, the language of the attachments shall control, but only to the extent of the conflict or
inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1-Funding Sources
Attachment A-Budget and Scope of Work
Attachment B-Program Statutes and Regulations
Attachment C-Statement of Assurances
Attachment D -Request for Advance or 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
Attachment I-Federal Funding Accountability and Transparency Act
Instruction and Worksheet
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(17) FUNDING/CONSIDERATION
AGENDA ITEM# 4E
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(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 $116,250.00,
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181 ( 16), Florida
Statutes, and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which may be 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, and advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the
Cash Management Improvement Act of 1990. All advances are required to be held in an interest-bearing
account. If an advance payment is requested, the budget data on which the request is based and a
justification statement shall be included in the Agreement as Attachment E. Attachment E will specify the
amount of advance payment needed and provide an explanation of the necessity for and proposed use of
these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advance payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. Invoices shall be accompanied by a statement
signed and dated by an authorized representative of the Recipient certifying that "all disbursements made
in accordance with conditions of the Division agreement and payment is due and has not been previously
requested for these amounts." The supporting documentation must comply with the documentation
requirements of applicable OMB Circular Cost Principles. The final invoices shall be submitted within
sixty (60) days after the expiration date of the Agreement. An explanation of any circumstances
prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part
of the Recipient's quarterly reporting as referenced in Paragraph (7) of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the Federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19) (h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Division of Emergency Management" and mailed directly to the following address:
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Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
AGENDA ITEM# 4E
MAY 12,2014
In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division
for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later
submission or response to a Division request, or in any submission or response to fulfill the requirements
of this Agreement. All of said information, representations, and materials is incorporated by reference.
The inaccuracy of the submissions or any material changes shall, at the option of the Division and with
thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the
Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for
any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of
this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-
336, 42 United States Code (U.S.C.), Section 12101 et seq.), which prohibits discrimination by public and
private entities on the basis of disability in employment, public accommodations, transportation, State and
local government services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000 for a period of 36 months from the date of being placed on the convicted vendor list or
on the discriminatory vendor list.
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(g) Any Recipient which is not a local government of state agency, and which receives funds
under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it
and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. Have not, within a five-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public {federal, state or local) transaction or
contract under public transaction; violation of federal or state antitrust statute or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity {federal, state or local} with commission of any offenses enumerated in
paragraph (19)(g)2 of this certification; and
4. Have not within a five-year period preceding this Agreement had one or more
public transactions {federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment H) for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
{h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Florida Statutes 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 pre-audit and post-audit thereof.
U) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Florida Statutes.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of chapter 119, Florida Statues, which the Recipient created or received under this Agreement.
(I) 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.
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(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 27 4A (e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A (e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011,
Florida Statutes) with respect to the meetings of the Recipient's governing board or the meetings of any
subcommittee making recommendations to the governing board. All of these meetings shall be publicly
noticed, open to the public, and the minutes of all meetings shall be public records, available to the public
in accordance with Chapter 119, Florida Statutes.
(o) All unmanufactured and manufactured articles, material 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, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the Recipient, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, 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, and officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan or cooperative agreement, the
Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbing Activities."
3. The Recipient shall require that this certification be included in the award
documents for all sub-awards (including subcontracts, sub-grants, and contracts under grants,
loans, and cooperative agreements) and that all sub-recipients shall certify and disclose.
12
AGENDA ITEM# 4E
MAY 12,2014
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.C. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights
and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under subparagraph {b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. The
Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
13
(23) ASSURANCES
AGENDA ITEM# 4E
MAY 12,2014
The Recipient shall comply with any Statement of Assurances incorporated as Attachment C.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT: CITY OF ATLANTIC BEACH
By: ________________ _
Name and Title: _____________ _
Date: ___________ _
FEID#: __________ _
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By: ________________ _
Name and Title: __ ---'B=r'-"y"""a'"'"n...:.W-'-'.'-'K_,o"""o'"'""n"-. =D..:..:.ir=ec=t"'-o'-r __ _
Date: ____________ __
14
EXHIBIT -1
AGENDA ITEM# 4E
MAY 12,2014
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
Federal Program: Federal Emergency Management Agency: Hazard Mitigation Grant
Catalog of Federal Domestic Assistance Number: 97.039
Amount of Federal Funding: $116,250.00
THE FOLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
• OM B Circular A-11 0 Uniform Administrative Requirements for Grants and Cooperative
Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations
• OMB Circular A-102 Uniform Administrative Requirements for Grants and Cooperative
Agreements with State and Local Governments
• OMB Circular A-87 Cost Principles for State and Local Governments
• OMB Circular A-21 Cost Principles for Educational Institutions
• OMB Circular A-133 Audits of State, Local Governments, and Non Profit Organizations
Commonly Applicable Statutes and Regulations
• The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288,
as amended, 42 U.S.C. 5121 et seq., and Related Authorities
• Sections 1361(A) of the National Flood Insurance Act of 1968 (NFIA, or "the Act"), 42
U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994 (NFIRA),
Public Law 103-325 and the Bunning-Bereuter-Biumenauer Flood Insurance Reform Act of
2004, Public Law 108-264
• Title 44 of the Code of Federal Regulations (CFR)
• 44 CFR Part 80 Property Acquisition and Relocation of Open Space
• 44 CFR Part 10 Environmental Considerations
• 44 CFR Part 13 Uniform Administrative Requirements for Grants and cooperative
Agreements to State and Local Governments
• 31 CFR Part 205 Rules and Procedures for Funds Transfers
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities:
• Localized Minor Drainage Improvement
• Intermediate Stormwater Drainage System
2. Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
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.
15
Attachment A
Budget and Scope of Work
Scope of Work
AGENDA ITEM# 4E
MAY 12,2014
As a Hazard Mitigation Grant Program project, the Recipient, the City of Atlantic Beach, will upgrade an
existing sewer system to eliminate intrusion of storm water into the sanitary sewer system thereby
eliminating sewer overflows, backups, and sewer and roadway cave-ins, as well as excess flow to the
wastewater treatment plant. Specifically, the project consists of using trenchless technology to install
cured in pipe within approximately 3,050 linear feet of existing 8" and 10" diameter sewer main, and
provide a specialty coating on approximately 17 sewer manholes. The project will provide a 5-year storm
protection for 66 structures in Donner Subdivision. The project is located in the Donner Subdivision,
Atlantic Beach, Duval County, FL 32233 bounded by the following coordinates: NW: 30.34173,-81.41328;
NE: 30.34172, -81.41124; SW: 30.33439,-81.41491; SE: 30.33509, -81.40987.
The recipient shall procure the services of a qualified and licensed Florida contractor and execute a
contract with the selected bidder to complete the scope of work as approved by the Division and FEMA.
The recipient shall select the qualified, licensed Florida contractor in accordance with the recipient's
procurement policy as well as all federal and state laws and regulations. All procurement activities will
contain sufficient source documentation and be in accordance will all applicable regulations.
The recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools,
transportation and supervision and for performing all work per sealed engineering designs and
construction plans presented to the Division by the recipient and subsequently approved by the Division
and FEMA.
The recipient and contractor shall be responsible for maintaining a safe and secure worksite for the
duration of the work. The contractor shall maintain all work staging areas in a neat and presentable
condition.
The recipient shall ensure that no contractors or subcontractors are debarred or suspended from
participating in federally funded projects.
The selected contractor shall have a current and valid occupational license/business tax receipt issued for
the type of services being performed.
The recipient shall monitor and manage the installation of cured pipe within approximately 3,050 linear
feet of existing 8" and 1 0" diameter sewer main, and provide a specialty coating on approximately 17
sewer manholes using trenchless technology which will provide protection to 66 structures in the Donner
Subdivision, in accordance with all applicable state, local and federal laws and regulations.
The project consists of the general construction and furnishing of all materials, equipment and labor, and
incidental work to provide a complete and serviceable project.
16
AGENDA ITEM# 4E
MAY 12,2014
Construction activities will be completed by a qualified and licensed Florida contractor. All construction
activities will be monitored by a qualified engineer. The recipient must complete the project in accordance
with all required permits. All work will be completed in accordance with applicable codes and standards.
Upon completion of the work, the recipient will schedule and participate in a final inspection of the
completed project. Any deficiencies found during this final inspection will be corrected by the recipient
prior to recipient's submittal of the final inspection request to the Division.
During the course of this agreement the recipient is required to submit requests for reimbursement.
Adequate and complete source documentation is required to be submitted to support all costs (federal
share and local share) related to the project. In some cases, all project activities may not be fully
complete prior to requesting reimbursement of costs incurred in completion of this scope of work;
however, a partial reimbursement may be requested.
The recipient is required to submit an Affidavit signed by the recipient's project manager with each
reimbursement request attesting to the completion of the work, disbursements or payments were made in
accordance with all agreement and regulatory conditions, and that reimbursement is due and has not
been previously requested.
The recipient must maintain accurate time records. The recipient must ensure invoices are accurate and
any contracted services were rendered within the terms and timelines of this agreement. All supporting
documentation must agree with the requested billing period. All costs submitted for reimbursement must
contain adequate source documentation which may include but not be limited to: cancelled checks, paid
bills and invoices, payrolls, time and attendance records, contract and subcontract award documents.
Construction Expenses: The recipient will pre-audit bills, invoices, and/or charges submitted by the
contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices,
and/or charges. Recipient will ensure that all contractor/subcontractor bills, invoices, and/or charges are
legitimate and clearly identify the activities being performed and associated costs.
Project Management Expenses: The recipient shall pre-audit source documentation such as payroll
records, project time sheets, attendance logs, etc. Documentation shall be detailed information
describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour
including enough information to calculate the hourly rates based on payroll records. Employee benefits
must be clearly shown.
The Division will review all submitted requests for reimbursement for basic accuracy of information.
Further, the Division will ensure that no unauthorized work was completed prior to the approved project
start date by verifying vendor and contractor invoices. The Division will verify that reported costs were
incurred in the performance of eligible work, that the approved work was completed, and that the
mitigation measures are in compliance with the approved scope of work prior to processing any requests
for reimbursement.
Review and approval of any third party in-kind services, if applicable, will be conducted by the Division in
coordination with the recipient. Quarterly reports must be submitted by the recipient and received by the
Division at the times provided in this agreement prior to the processing of any reimbursement.
17
Deliverables
Deliverable 1
AGENDA ITEM# 4E
MAY 12,2014
The recipient will provide documentation demonstrating the results of the procurement process. This will
include a rationale for the method of procurement and selection of contract type, contractor selection
and/or rejection and bid tabulation and listing, and the basis of contract price.
The recipient will provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form"
for each contractor and/or subcontractor performing services under this agreement.
Executed contracts with contractors and/or subcontractors will be provided to the Division by the
recipient.
The recipient will provide copies of professional licenses for contractors selected to perform services.
The recipient shall provide a copy of a current and valid occupational license or business tax receipt
issued for the type of services to be performed by selected contractor.
Deliverable 2
Upon completion of Task 2, the recipient will submit a final copy of the project's as-built drawings and
necessary supporting documentation, and will provide a summary of all contract scope of work changes,
if any. Additional documentation will include:
1. Copy of the notice of commencement
2. Certified Letter of Completion from Engineer or Record: The recipient's Engineer of Record shall
provide a formal certificate or letter affirming that the project has been completed in conformance
with the approved project drawings and specifications.
3. Photographs of completed project sites
Deliverable 3
The recipient shall submit to the Division requests for reimbursement of actual construction and project
management costs related to the project. The requests for reimbursement will include:
1. Contractor, subcontractor, and/or vendor invoices which clearly display dates of services
performed, description of services performed, location of services performed, cost of services
performed, name of service provider and any other pertinent information.
2. Proof of payment from the recipient to the contractor, subcontractor, and/or vendor for invoiced
services.
3. Clear identification of amount of costs being requested for reimbursement as well as costs being
applied against the local match amount.
The recipient's final request for reimbursement should include the final construction project cost.
Supporting documentation must show that all contractors and subcontractors have been paid.
Project Conditions:
1. The recipient must follow all applicable state, local and federal laws regulations and
requirements, and obtain (before starting project work) and comply with all required permits and
18
AGENDA ITEM# 4E
MAY 12,2014
approvals. Failure to obtain all appropriate federal, state, and local environmental permits and
clearances may jeopardize federal funding. If project work is delayed for a year or more after the
date of the categorical exclusion (CATEX), then coordination with and project review by
regulatory agencies must be redone.
2. Any change, addition or supplement to the approved Scope of Work that alters the project
(including other work not funded by FEMA, but done substantially at the same time), regardless of
the budget implications, will require re-submission of the application to FEMA through the Division
for National Environmental Policy Act (NEPA) re-evaluation before starting project work.
3. If ground disturbing activities occur during construction, applicant will monitor ground disturbance
and if any potential archeological resources are discovered, will immediately cease construction
in that area and notify the State. The recipient, or other designee, should contact the Florida
Department State, Division of Historical Resources, Review and Compliance Section at
850.245.6333 or 800.847.7278, as well as the Division and FEMA. Project activities should not
resume without verbal and/or written authorization for the Division of Historical Resources and
FEMA. In the event that unmarked human remains are encountered during permitted activities, all
work shall stop immediately and the proper authorities notified in accordance with Section 872.05,
Florida Statutes.
4. Construction vehicles and equipment used for this project shall be maintained in good working
order to minimize pollutant emissions.
Financial Consequences
If the City of Atlantic Beach fails to comply with any term of the award, the Division shall take one or more
of the following actions, as appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by the recipient;
2. Disallow all or part of the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the current award for the recipient's program;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
This is FEMA project 4068-04-R, funded under 4068-DR-FL.
The Period of Performance for this project ends on June 30, 2015.
Schedule of Work
State and Local Contracting Process
Bidding Process and Award
Clean and CCTV
Install Cured-in-Place-Pipe (CIPP)
Line Manholes with Spectra shield
Site Cleanup and Sodding
Local Final Inspection and Punch list Completion
State Final Inspection:
State Closeout:
Total Period of Performance:
19
4
2
1
3
2
1
3
2.
20
Months
Months
Month
Months
Months
Month
Month
Months
Months
Months
Budget
Line Item Budget*
Materials and Labor:
Total:
Project Cost
$ 155,000.00
$ 155,000.00
Federal Share
$ 116.250.00
$ 116,250.00
Local Share
$ 38,750.00
$ 38,750.00
AGENDA ITEM# 4E
MAY 12,2014
*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: $ 116,250.00 (75%)
Local Share: $ 38,750.00 (25%)
Total Project Cost: $ 155,000.00 (1 00%)
20
Attachment B
Program Statutes and Regulations
AGENDA ITEM# 4E
MAY 12,2014
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 statutes 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 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. The Recipient shall not deviate
from the approved project and the terms and conditions of this Agreement. The 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. The 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.
The 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, than the 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;
21
(2) No new structure will be erected on property other than:
AGENDA ITEM# 4E
MAY 12,2014
a. a public facility that is open on all sides and functionally related to a designed open
space;
b. a restroom; or
(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 44 CFR 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 sixty days prior to the project
expiration date.
STATEMENT OF ASSURANCES
The Recipient assures that it will comply with the following statutes and regulations to the extent
applicable:
(1) 53 Federal Register 8034
(2) Federal Acquisition Regulations 31.2
(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
(1 0) Cash Management Improvement Act Of 1990
22
(11) American with Disabilities Act
(12) Section 112.061, Florida Statutes
(13) Immigration and Nationality Act
(14) Section 286.011, Florida Statues
(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) Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(18) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
(19) 28 CFR applicable to grants and cooperative Agreements
(20) Omnibus Crime Control and Safe Streets Act of 1968, as amended
(21) 42 U.S.C. 3789(d} or Victims of Crime Act (as appropriate)
(22) Section 504 of the Rehabilitation Act of 1973, as amended
(23} Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990}
(24) 28 CFR, Part 42, Subparts C, 0, E, and G
AGENDA ITEM# 4E
MAY 12,2014
(25} Department of Justice regulations on disability discrimination, 28 CFR, Part 35 and
Part 39
(26) 42 U.S.C. 5154a
(27) 44 CFR, Part 60.3 and City/County Ordinance
23
Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Recipient certifies that:
AGENDA ITEM# 4E
MAY 12,2014
(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (OEM), including all understandings and assurances contained in it,
and directing and authorizing the Recipient's chief administrative officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit. No member, officer, or
employee of the Recipient or its designees or agents, no member of the governing body of the
locality in which this program is situated, and no other public official of the locality or localities
who exercises any functions or responsibilities with respect to the program during his tenure or
for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds, for work be performed in connection with the program assisted under this Agreement.
The Recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose stated above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for
eligible contract work completed prior to the date the notice of suspension of funding was
received by the Recipient. Any cost incurred after a notice of suspension or termination is
received by the Recipient may not be funded with funds provided under this Agreement unless
previously approved in writing by the Division. All Recipient contracts shall contain provisions for
termination for cause or convenience and shall provide for the method of payment in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring
that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half times their basic
wage rates for all hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work-week.
(f) It will comply with
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the
Recipient received Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance extended to the
Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
24
AGENDA ITEM# 4E
MAY 12,2014
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C. 6101-6107} which prohibits discrimination on the
basis of age or with respect to otherwise qualifies handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other
forms of compensation; and election for training and apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties pursuant to Section 112.313
and Section 112.3135, Florida Statutes;
{h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities;
(i) It will comply with the provisions of 18 U.S.C. 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
U) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973, as amended, 42 U.S.C. 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
For sites located within Special Flood Hazard Areas (SFHA), the Recipient must include a FEMA
Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area
with FEMA Grant Funds executed by the title holder with the closeout request verifying that
certain SFHA requirements were satisfied on each of the properties. The Model
Acknowledgement can be found at www.fema.gov/governmenta/grantlsfha_conditions.shtm
(k) It will require every building or facility( other than a privately owned residential structure) designed,
constructed, or altered with funds provided under this Agreement to comply with the "Uniform
Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for
general type buildings and Appendix A to 24 CFR, Part 40 for residential structures. The
Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(I) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 1 06 of the National Historic Preservation
Act of 1966 (U.S.C. 4 70), 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
25
AGENDA ITEM# 4E
MAY 12,2014
(2) Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the
Federal Emergency Management Agency, the Florida State Historic Preservation
Office, the Florida Division of Emergency Management and the Advisory Council
on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal
and State entities in implementing Section 106 of the National Historic Preservation Act
(NHPA), 16 U.S.C. 470(f), and implementing regulations in 36 CFR, Part 800.
( 4) When any of the Recipient's projects funded under this Agreement may affect a historic
property, as defined in 36 CFR, Part 800 (2)(e), the Federal Emergency Management
Agency (FEMA) may require the Recipient to review the eligible scope of work in
consultation with the State Historic Preservation Office (SHPO) and suggest methods of
repair or construction that will conform with the recommended approaches set out in the
Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's
Guidelines for Archeological Documentation (Guidelines) (48 Federal Register
44734-37), or any other applicable Secretary of Interior standards. If FEMA determines
that the eligible scope of work will not conform with the Standards, the Recipient agrees
to participate in consultations to develop, and after execution by all parties, to abide by, a
written agreement that establishes mitigation and recondition measures, including but not
limited to, impacts to archeological sites, and the salvage, storage, and reuse of any
significant architectural features that may otherwise be demolished.
(5) The Recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation of footings and foundations, and
installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and
septic tanks) except where these activities are restricted solely to areas previously
disturbed by the installation, replacement or maintenance of such utilities. FEMA will
request the SHPO's opinion on the potential that archeological properties may be present
and be affected by such activities. The SHPO will advise the Recipient on any feasible
steps to be accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the recovery or
archeological data from the property.
If the Recipient is unable to avoid the archeological property, develop, in consultation with
SHPO, a treatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council) publication "Treatment of
Archeological Properties". The Recipient shall forward information regarding the
treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the
Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may
direct the Recipient to implement the treatment plan. If either the Council or the SHPO
object, Recipient shall not proceed with the project until the objection is resolved.
(6) The Recipient shall notify the Division and FEMA as soon as practicable: (a) of any
changes in the approved scope of work for a National Register eligible or listed property;
(b) of all changes to a project that may result in a supplemental DSR or modify a HMGP
project for a National Register eligible or listed property; (c) if it appears that a project
funded under this Agreement will affect a previously unidentified property that may be
eligible for inclusion in the National Register or affect a known historic property in an
unanticipated manner. The Recipient acknowledges that FEMA may require the
Recipient to stop construction in the vicinity of the discovery of a previously unidentified
property that may eligible for inclusion in the National Register or upon learning that
construction may affect a known historic property in an unanticipated manner. The
Recipient further acknowledges that FEMA may require the Recipient to take all
reasonable measures to avoid or minimize harm to such property until FEMA concludes
26
AGENDA ITEM# 4E
MAY 12,2014
consultation with the SHPO. The Recipient also acknowledges that FEMA will require,
and the Recipient shall comply with, modifications to the project scope of work necessary
to implement recommendations to address the project and the property.
(7) The Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall
not receive funding for projects when, with intent to avoid the requirements of the PA or
the NHPA, the Recipient intentionally and significantly adversely affects a historic
property, or having the legal power to prevent it, allowed such significant adverse affect
to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-
1683 and 1685-1686) which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the State Energy Conservation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this Agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.C 2000c and 42 U.S.C. 3601-
3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and
Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of
race, color or national origin;
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626
(v) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq.;
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
27
AGENDA ITEM# 4E
MAY 12,2014
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(cc) It will comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs;
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 351 0;
(gg) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
(1) Create and make available documentation sufficient to demonstrate that the Recipient
and its demolition contractor have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
(2) Return the property to its natural state as though no improvements had ever been
contained thereon.
(3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in the Recipient's jurisdiction to detect the presence of asbestos
and lead in accordance with requirements of the U.S. Environmental Protection Agency,
the Florida Department of Environmental Protection and the County Health Department.
( 4) Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazard Present
b. Health Hazards Present
c. Hazardous Materials Present
(5) Provide supervision over contractors or employees employed by the Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
(6) Leave the demolished site clean, level and free of debris.
(7) Notify the Division promptly of any unusual existing condition which hampers the
contractor's work.
(8) Obtain all required permits.
(9) Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
Provide documentation of closures.
28
AGENDA ITEM# 4E
MAY 12,2014
(1 0) Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
(11) Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857h), Section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR, Part 15 and 61 ). This clause shall be added to any subcontracts.
(12) Provide documentation of public notices for demolition activities.
29
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION GRANT PROGRAM FUNDS
RECIPIENT NAME: City of Atlantic Beach
REMIT ADDRESS:
CITY, STATE, ZIP CODE:
AGENDA ITEM# 4E
MAY 12,2014
PAYMENT#: CONTRACT#: 14HM-6B-04-26-02-
FEMA TRACKING#: _4..:...:0:.:6-=-8-....::0_:_4-.:..R.:._ ____ INVOICE PERIOD: _________ to _______ _
Eligible Obligated Obligated OEM Use Only Amount Federal Non-Federal Previous Current
100% % % Payments Request Approved Comments
TOTAL CURRENT REQUEST: _$-'----------
I certify that to the best of my knowledge and belief the above accounts are correct, and that all
disbursements were made in accordance with all conditions of the Division agreement and payment is
due and has not been previously requested for these amounts.
RECIPIENT SIGNATURE:
NAME AND TITLE: DATE: -----------
APPROVED PROJECT TOTAL $ ----'-----------
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVEDFORPAYMENT _$~-------
DATE
30
Attachment D
(Continued)
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MTIGATION GRANT PROGRAM
AGENDA ITEM# 4E
MAY 12,2014
RECIPIENT: City of Atlantic Beach DISASTER #: 4068 --~~--------------
CONTRACT#: 14HM-68-04-26-02-FEMA TRACKING #: 4068-04-R
Applicant's Date of delivery of DOCUMENTATION
Reference No. articles, completion List documentation (applicant's payroll, material out of applicant's Applicant's
(Warrant, Voucher, of work or stock, applicant owned equipment and name of vendor or Eligible Costs
Claim check, or performance contractor) by category and line item in the approved project 100%
Schedule No.) services. application and give a brief description of the articles or services.
TOTAL
31
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT: City of Atlantic Beach
If you are requesting an advance, indicate same by checking the box below.
[__] ADVANCE REQUESTED
Advance payment of$ is requested. Balance of payments will be made on a
reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate
forms and purchase start-up supplies and equipment. We would not be able to operate the
program without this advance.
AGENDA ITEM# 4E
MAY 12,2014
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for the First Three
(list applicable line items) Months of Contract
For Example
ADMINISTRATIVE COSTS
(Include Secondary Administration)
For Example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for
the cash advance. The justification must include supporting documentation that clearly shows the
advance will be expended within the first ninety (90) days of the contract term. Support documentation
should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide
the Division reasonable and necessary support that the advance will be expended within the first ninety
(90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the
contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance).
32
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
RECEIPT City of Atlantic Beach PROJECT#: 4068-04-R
PROJECT TYPE: Drainage/Sewer Upgrade CONTRACT#: 14HM-6B-04-26-02-
AGENDA ITEM# 4E
MAY 12,2014
DISASTER NUMBER: -'4-=-06::..c:8'---------QUARTER ENDING:---------
Provide amount of advance funds disbursed for period (if applicable): $
Provide reimbursement projections for this project:
July-Sep 20_$ Oct-Dec 20_$ Jan-Mar 20_$ ___ Apr-June 20_$ __ _
July-Sep 20_$ Oct-Dec 20_$ Jan-Mar 20_$ Apr-June 20_$ __ _
Percentage of Work Completed (may be confirmed by state inspector's): ------%
Project Proceeding on Schedule: L_] Yes L_] No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
L_] Cost Unchanged L_] Under Budget L_] Over Budget
Cost Status: :
Additional Comments/Elaboration:
NOTE: Division of Emergency Management (OEM) staff may perform interim inspections and/or audits
at any time. Events may occur between quarterly reports, which have significant impact upon your
project, such as, anticipated overruns, changes in scope of work, etc. Please contact the Division as
soon as these conditions become known, otherwise you may be found non-compliant with your
subgrant award.
Name and Phone Number of Person Completing This Form
33
Attachment G
Warranties and Representations
Financial Management
Recipient's financial management system must provide for the following:
AGENDA ITEM# 4E
MAY 12,2014
(1) Accurate, current and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all 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 to determine whether costs are allowed and reasonable under the provisions
of the applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, and invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
34
Attachment H
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective subcontractor of the Recipient, City of Atlantic Beach , certifies, by
AGENDA ITEM# 4E
MAY 12,2014
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
contract shall attach an explanation to this form.
CONTRACTOR
By:
~--------------------------------Signature
Name and Title
Street Address
City, State, Zip
Date
35
City of Atlantic Beach
Recipient's Name
14HM-6B-04-26-02-
OEM Contract Number
4068-04-R
FEMA Project Number
Attachment I
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
INSTRUCTIONS AND WORKSH EET
AGENDA ITEM II 41-:
MAY 12,20 14
PURPOSE: The Federal Funding Accou ntabili ty and Transpa rency Act (FFATA) was signed on
Septembe r 26, 2 00 6. Th e intent of lhls legislation Is to empower every America n with the ab ility to hold
the government accou ntable for each spending decision . T he FFATA legis lation requires inform ation on
fede ral awa rd s (federal assistance and ex penditures) be made available to the pub lic via a single,
searc hable websi te, which Is http:l/www.usaspendlng.gov/.
The FFATA Sub-award Reporting System (FS RS) Is the re porti ng tool th e Florida Divisio n of Emergency
Managemen t ("FDEM " or "Division'') must use to capture a nd report su b-award and executive
compensa ti on d ata regard ing first-ti er sub-award s that ob lig ate $25,000 or more in Federal funds
(excluding R ecover y funds as defined In section 1512(a) (2) of the Am erican Recovery and Reinves tment
Act of 2009, P ub . L. 11 1-5).
No te: This "Ins tru c ti ons and Worksheet" is mea nt to explain the requ irem ents of t he FFATA and g ive
clarity to th e FFA T A Fo r m dis tributed to s ub-awardees for completion. Al l pertinen t inform ati on below
s hould be filled ou t, signed, and r eturn ed to lhe project manager.
ORGANIZATION AND PROJECT INFORMATION
T he following Informatio n must b e provided to the FDEM prior to the FDEM's Issuance of a sub-
award (Agreement) that obligates $25,000 or more In federal funds as described above. Please
provide the following Information and return the signed form to the Divis ion as requested.
PROJECT#: _4~0~6~8-~04~-~R~-------------------------
FUND ING AGENCY: Federal Emergency Man age ment Agency
AWARDAMOUNT : _$~1~1~6=.2~5~0.~00~-------------------
OBLIGATION/ACT ION DATE: November 1 1, 20 13
SUBAWARD DATE (If app licable):
DUNS#:
DUN S# +4:
36
AGENDA ITEM II 4E
MAY 12,2014
*If your company or organization does not have a DUNS number, you wi ll need lo ob tain one from Du n &
Bradstreet at 866-705-5711 or use the web form (http://feclgov.dnb.com/webform ). The process to
request a DUN S number takes about ten minutes and is free of charge.
BUSINESS NAME:
DBA NAME {IF APPLICABLE):
PRINCIPAL PLACE OF BUSINESS ADDRESS:
ADDRESS LINE 1:
ADDRESS LINE 2:
ADDRESS LINE 3:
CITY -----------------------STATE ____ Z IP CODE+4••
PARENT COMPANY DUNS# (If applicable): --------------------
CATALOG OF FEDERAL DOMESTIC ASSISTANCE {CFDA#):
DESCRIPTION OF PROJECT (Up to 4000 Charac te rs)
The City of Atlantic Beach, will upg rade an existing sewer sys tem t o el imin ate intrusion o f storm water
into the sanitar y sewer system thereby eliminating sewer overflows, backups, and sewer and roadway
cave-in s, as well as excess flow to the wastewater treatment plant. Specificall y, th e project consists of
using trenchless technology to install cured in pipe within approximately 3,050 linear feet of existing 8"
and 1 0" diameter sewer main, and provide a specialty coating on approximatel y 17 sewer manholes.
The project wil l provide a 5-year storm protection for 66 structu res In D onner Subdivision. The project is
located in the Donner Subdivision , Atlantic Beach, Duval County, FL 32233 bound ed by the rollowing
coordinates: NW: 30.34 173,-81.41328; NE: 30.34172, -81.41124; SW: 30.33439,-81.41491; SE:
30 .33509 , -81.40987.
Verify the approved project description above, if th ere is a ny discrepancy, p lease
contact the project manager.
PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF
BUSINESS):
ADDRESS LINE 1:
ADDRESS LINE 2:
AD D RESS LINE 3:
CITY -------------------STATE ---Z IP CODE+4**
CONGRESS ION AL DISTRICT FOR PRIN CIPAL PLACE OF PROJECT PERFORMANCE:
.. Providing the Zlp+4 ensures that the correct Congressional District is reported .
EXECUTIVE COMPENSAT ION INFORMATION:
1 . 1. In your business o r organization's previous fi scal year, did your business or organization
(Including pa rent organization, all b ra nches, and all affiliates worldwide) receive (a) 80 percent or
more o f your annua l gross revenues from Federal procurement conlracts (and subcontracts) and
Federal financial assis tance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.)
s ubject to the Transparency Act , as defined at 2 CFR 170.320; , (b) $25,000,000 or more In annua l
gross revenues from U.S. Federal procurement con tracts (and sub contracts) and Federal financial
37
assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the
Transparency Act?
Yes D NoD
AGENDA ITEM# 4E
MAY 12,2014
If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is "No",
move to the signature block below to complete the certification and submittal process.
2. Does the public have access to information about the compensation of the executives in your
business or organization (including parent organization, all branches, and all affiliates worldwide)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986?
Yes D NoD
If the answer to Question 2 is "Yes," move to the signature block below to complete the
certification and submittal process. [Note: Securities Exchange Commission information should
be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service
(IRS) information should be directed to the local IRS for further assistance.]
If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required
in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"
appearing below to report the "Total Compensation" for the five (5) most highly compensated
"Executives", in rank order, in your organization. For purposes of this request, the following terms
apply as defined in 2 CFR Ch. 1 Part 170 Appendix A:
"Executive" is defined as "officers, managing partners, or other employees in management positions".
"Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the
most recently completed fiscal year and includes the following:
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
v. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
38
AGENDA ITEM# 4E
MAY 12,2014
TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR
(Date of Fiscal Year Completion _______ _
Rank Total Compensation
(Highest to Name for Most Recently
Lowest) (Last, First, Ml) Title Completed Fiscal Year
1
2
3
4
5
THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION
PROVIDED HEREIN IS ACCURATE.
SIGNATURE: --------------------
NAME AND TITLE:
DATE:
39