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1332 FEMA Executed Contract 1-16-09ry STATE OFFLORIDA DIVISION OF EMERGENCY MANAGEMENT_ CHARLIE CRISP` oeor January 12, 2009 Mr. Gerald Ransom Fite Chief City of Sanford 1301 French Avenue Samford, Florida 32771 U. CRAIG FINE Director Re : N Project Number 1539 -106# City of Sanford, Seminole County, Sanford Public Safety Complex — wind Retrofit Dear Mr. Ransom: Enclosed is the executed Hazard Mitigation grant Program (HM GP) contract (DEM loo. 09HM- 0 - -- 9- 2 -007) between the City of Sanford and the Division of Emergency Management. Upon completion of the work identified in the contract, a Request for Reimbursement form Attachment D should, be completed and submitted to the Division for processing in accordance with Paragraphs 17 and (18) of the Agreement. Additional assistance is available regarding your Proj eet on the Florida Division of Emergency Management Websit : http://www.floridadisaster.orL/brm/hm Please reference the heading: "Grant Management Tools Listed Below" which contains sample documents that- will provide guidance for completing requests for reimbursement, reporting requirements are supporting documents containing important points, and subgrantee close -out checklists. PIease forward all Requests for Reimbursement (Attachment D)' to the Division of Emergency Management at the following address: Jacqueline 1bor Akins, Project Manager - Division of Emer Mana Florida Recovery Office Skyline Drive Lake Mary, Florida 32746-6201 If you have any specific qu6stions regarding the contrast br the Request for Reimbursement form, please call Jacqueline Tho n ki ,s, Project Manager at (407) 268 - -8629. espeetfally, M.iles E. Anderson, Community Program Manager Bureau of Recovery and Mitigation Mitigation See r 'RECEIVE MEA:krrr a Enclosures . IAN 14 20096t - CITV Or AFOW F1 RE IDs. FLORIDA RECOVERY OFFICE DIVISION HEADQUARTERS - STATE LOGISTICS RESPONSE DEFTER 36 Skyline Drive 2555 Shumard Oak Boulevard 2702 Directors Row Lake Mary, FL 32746 -6201 Tallahassee, FL 32399-2100 Orlando, FL 32809 -5631 Tel: 850 - 413 -9969 • Fax: 850-488-1016 rww. F [ o ri da D Fsa ste r. o r9 } Contract Number: I -06- - - - CFA Number: 97.039 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and the city of Sanford, (hereinafter referred to as the "Recipients ' . 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, Attach. ent A of this Agreement. (2) INCORPORATION OF LAVA 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 Th is Agreement shall begin September 11, 2008 and shall end September I 1 1 2011 unless terminated earlier in accordance with -the provisions of Paragraph 1 of this Agreement. MODIFICATION of CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPIN (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" Federal Register 8034) or OMB Circular No. -11 , "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit O rganizations, If and either OMB Circular No. A-87, "Cost Principles for State and Local Governments, " 0 MB Circular 'No. A-21 , "Cost Principles for Educational Institutions : " or OM B circular. N 0. A- 122, "Cost Principles for Nonprofit Organizations. " If this Agreement is made with a commercial (for -- profit) organization on a cost - reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. b The Recipient shall retain sufficient records to show its compliance with the terms of this 1 Agreement; and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allover 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 }rears from the data 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 fire 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 tune it is acquired shall be retained for five gears after final disposition. 3. Records relating to real property acquired shall be retained for fire }rears after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation' of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. d The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shah allover access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hogs of :00 a.m. to :00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division: (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state . personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. c The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non- profit organization as defined in OMB Circutlar -133, as revised, and in the event that the recipient expends $500 3 000 or more in Federal awards in Its fiscal }rear, the Recipient must have a single or program- specific audit conducted in accordance with the provisions of OM B Circular -133, as revised. E HIBIT 1 to this Agreement shows the Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal gear, the Recipient shall consider all sources of Federal awards including Federal resources received from the Division. The determination K of amounts of Federal awards expended should be in accordance with the guidelines established b y OMB Circular A -133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of MB Circular A -133, as revised, grill meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph d above, the Recipient ient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of 0IIB circular A -133, as revised. If the Recipient expends less than $500,000 in Federal a wards in its fiscal gear, an audit conducted in accordance' with the provisions of OMB Circular A -13 , 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 are audit conducted in accordance with the provisions of OM B Circular A -1 3, 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 OMB Circular A- 133, as revised, and required by subparagraph d above, when required by Section .320 (d ) OM B circular A -133, as revised, by or on behalf of the Recipient to; The Division at each of the following addresses Department epartment of Community r Affairs Office of Audit Services 2555 Bhurar Oak Boulevard Tallahassee, Florida 32333 -2100 [also send 'are electronic copy to aurilia.parrishCcDdca.state.fl. and Division of Emergency Management Bureau of Recovery and (litigation 2555 Bhrnard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse, designated in 0 MB circular -13 , as revised (submit the number of copies required by Sections .320(d)(1 and (2), OM B circular A -'133, as revised), at the follow ing address: Federal Audit Clearinghouse Bureau of the census 1201 East I o th Street Jeffersonvi IN 13 Other Federal agencies and pass -- through entities in accordance with Sections .320 a and (f), OMB circular A- 133, as revised. (f ) pursuant to Section .320 (f), OMB Circular A -1 33, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any management letter issued by the auditor, to the Division at the following addresses; Department of Community Affairs Office of Audit Services 2555 Shurnard Oak Boulevard Tallahassee, Florida 32339 -109 [also send an electronic copy to auriiia. arrish dca.stae.fi,u 3 and Division of Emergency Management Bureau of Recovery and Mitigation 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 0 M B Gircu[ar A- 133 , Florida Statutes, and Chapters 10.550 (local governmental entities) or 1 0.650 (nonprofit and for - profit organizations), Rules of the Auditor - General, as applicable. (h ) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the D[vis!on for audits done in accordance with 0 M B circular -133 or chapters 10.550 (local governmental entities) or 10.650 (nonprofit 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 small 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. j 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, Fla. Stat. The !PA snail state that the audit compiled 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 subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be seat each quarter until submission of the administrative close -out repeat. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not seat to the Division or are not completed in a manner acceptable to the Division the Division may withhold further pa ments until they are completed or m ay take other action as stated in Paragraph 11 RE "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. 4 (f) The Recipient shall provide additional reports and information identified in Attachment F. (8) MONITORIN 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 Agr ement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph 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 evert that the Division or the Department determines that a Iimited scope audit of the Recipient is appropriate, the Recipient agrees to omply with any additional instructions provided by the Division or the Department 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 acrd financial management by the F ecipient'throughout the contract terra to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever mature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not are 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, Pa. Stat., agrees to be fully responsible for its negligent or tortiou s acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serge 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 Mate of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur "Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading In any respect, or if the Recipient fails to keep or 5 perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b If material adverse changes occur in the financial condition of the Recipient at any time during the terra of this Agreement, and the Recipient falls to cure this adverse charge within thirty days from the data itten notice is sent by the Division: (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Evert 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 followin 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 rn ai lw return receipt requested to the address in paragraph 1 herein; (b) Begin are appropriate legal or equitable action to enforce performance of this Agreement; c) Withhold or suspend payment of all or any part of a request for payment; d Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 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 gaining 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. D (12) TERMINATION a The Division may terminate this Agreement for cause after thirty days wriften notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laves and regulations, failure to perform on time, and refusal by the recipient to permit public access to any document, ent, paper, letter, or other material - . subject to disclosure under Chapter 119 , Fla.- Start., as amended. (b) The Division may terminate this Agreer ent 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 provid ing 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 ne r . bbligations for the terminated portion of the Agreement after the Recipient has received the notification of terminatioh. 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 lair, withhold payments to the Recipient for the purpose of set -off until the enact amount of damages due the Division from the Recipient ipient is determined. (93) NOTICE AND CONTACT (a) All notices prodded under or pursuant to this Agreement shall be in writing, either by hard delivery, or first class, certified mail, return receipt requested, to the representative named belo w, 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: Ills. Kathleen Marshall, Planning [tanager Bureau of Recovery and Mitigation Division of Emergency Management 2555 Shurnard oak Boulevard Tallahassee, Florida 32399 Telephone: .o. 922 -5344 Fax: o 922 -1259 Email: kathleen.marshall@ (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. Gerard Ransom, r , Fire Chief City of Sanford 1 303 French Avenue Sanford, Florida 32771 Telephone: o 302 -251 Fax: o 302-1097 Email (d) In the event that different representatives or addresses are designated by either party after 7 execution of this Agreement, notice of the name, title and address of the new representative will be provided as outlined in 1 a above. (1 SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the fully - - - -.executed subcontract must be forwarded to the Division within ten days of execution for review and approval. The Recipient agrees to include in the subcontract that i the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performan a 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 shalt provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Start. 0 5 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 ent 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 I - Funding Sources Attachment A — Budget and Scope of work Attachment B — Program Statutes and Regulations Attachment c — Statement of Assurances Attachment D — Request for Reimbursement Attachment E — .Justification of Advance Attachment F — Quarterly Report Form Attachment G —Warranties and Representations Attachment H -- certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (1 7) FUNDING /CONSIDERATION (a) This is a cost - reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $705,700.00 subject to the availability of funds. All requests for reimbursement of administrative costs must be accompanied by the back-up documentation evidencing all such administrative costs. b Any advance payment under this Agreement is subject to Section 21 .1 1 1 , Fla.St t. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. 0 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, any advance payment is also subject to federal OMB Circulars A-87, -11 o, A-122 and the Cash Management Improvement Act of 1 990. If are advance payment is requested, the budget data on wh ich the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment -E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. An advance payment of is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparara ph I h of this Agreement, aiI 'obligations on the part of the Divislon 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 `Department .of Community Affairs ", and mailed directly to the following address; Department of Community Affairs Cashier Finance and Accounting 2555 Shumard oak Boulevard Tallahassee FL 32399 -21 In accordance with Section 15.34(2), Fla, Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.09 o % o f 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) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to corn ply with the Americans W ith [disabilities Act (Public Law 101 -336, 42 U. S.C. Section 12101 et sue„ ): vwrhl h 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 conviction for a public entity crime or on the discrimin to[ vendor Ilst 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 supplies', subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 30 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal goverment, certifies, to the best of its knowledge and belief, that it and its principals: 1. are net presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five -year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or c ivilly charged by a governmental entity (federal, Mate or local) commission of any offenses enumerated in paragraph 19(g)2. of this certification; and 4. have not within a fie -gear period preceding this Agreement had one or more public transactions (federal, Mate 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 Reg a rding Debarment, Suspension, In 11gib!tity lend Voluntary Exclusion "' (Attachment H ) for each intended subcontractor which F ecipient pia ns to fund under this Ag reemenf. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The Mate of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with chapter 216, Fla. Stat, or the Florida Constitution. 10 (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 0 ) Any bills for travel a pen es shall be submitted in accordance with Section 112.061 , Fla. Stat. ( k ) The Division reserves the . right to unilaterally cancel this Agreement if the Recipient refuses to alIovwr public access to all documents, papers, letters or other material subject to the Provisions of Chapter 119 , Fla. - Stat., which the Recipient created or received under this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pair the contract arnount. (m) The State of Florida will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a vi € olation of the employment provisions contained in U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act "INA" j. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A (e) of the INA shell be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (o) All unman factured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 1 Oa, unless it would not be in the public interest or unreasonable in cost. (24) LOBBYING PROHIBITION a No funds or other resources received frorn 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 undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, 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 raking 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 fonds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, 11 grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, sub rants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more then $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 HTS CC UING UNDER OR IN CONNECTION WITH THE PERFORMANCE CE of THIS AGREEMENT ARE HEREBY TRANSFERRED B 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 s hall 'notify the Derision. .An Y copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. ( c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (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 bird Recipient to the terms of this Agreement. (23) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment D. 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT; IENT; - CITY OF SAN N ame and title- T. ; n a � 7 - �. ` - -- - - - -- Date: ' q.�' 0 e ? STATE OF FLORIDA DI11ISI F EMERY 1.0 IIAAG ET _V Name and Title; W. Craig Fugate, Director Date: L a c, ) / 1 E BIT -1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED DED T THE RECIPIENT UNDER THIS AGREEMENT: NOTE: if the resources awarded to the Recipient are from more than one Federal program, provide the - same information shown below for each Federal program and show total Federal resources awarded. Federal Program: Federal Emergency Management Agency, Hazard 1itlgration Grant Catalog of Federal Domestic Assistance Number: 97.039 Amount of Federal Funding: $705,700. THE FO LLOWIN G COM PLI NCE REQ UI EM ENTS APPLY TO THE FEDERAL 1 ESOU RC ES AWARDED UNDER THIS AGREEMENT: NOTE: if the resources awarded to the Recipient nt represent more than one Federal pro ram list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. Recipient is to use funding to perform the following eligible activities; include mitigation. projects that will result in protection of public or private property from natural hazards. Eligible projects include, but are not limited to: • Acquisition of hazard prone properties • Retrofitting of existing buildings and facilities • Elevation of flood prone structures • Infrastructure protection measures Storm ureter management improvements • Minor structural flood control projects • Relocation of structures from hazard prone areas • Retrofitting of existing buildings and facilities for shelters Vegetative mana er ent soil stabilization Mitigation Planning Project • Other projects that reduce future disaster losses 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: instead of listing the specific compliance requirements as shown above., the State awarding agency may elect to use language that requires the Recipient to comply with the requirements of applicable provisions of specific laws, 'rules, regulations, etc. For example, for Federal Program 1 the language may state that the Recipient must comply with specific laws, rules, or regulations that pertain to Prow the awarded resources must be used or how eligibility determinations are to he made. The State awarding agency, {f practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section .400(d) of OMB Circular -1 33, as reprised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit I be provided to the Recipient. iplent. 14 Attachment Budget and Scope of Work Scope-of Wor k. -- -- — -- As a Hazard Mitigation Grant Program project, the Recipient, the City of Sanford shall wind retrofit the Emergency Operations Center located Southeast corner of Lake Avenue and 1 Street, Sanford, Florida 32771, by purchasing and installing glass impact system on twenty eight windows, twenty two 22 louvers and forty o doors. If deemed necessary, wind protection will be provided on any ether openings such as skylights, vents, louvers and exhaust fans. All installations will be done in strict compliance with the Florida Building Code. All materials will be certified to meet the wind and impact standards for wind up to 150 mph. The local municipal or county building department will inspect and certify Installation according to the manufacturer's specifications. This is FE MA project 1539-106-R, funder under 1539-DR-FL. The Period of Performance for this project ends on September 11 2011. Work schedule State Contract: 6 Months Master Planning and Site Design: 2 Months Schematic Design Phase: 2 Months Design Development Phase: 2 Months 20 Days Construction Documents Phase: 4 Months Bidding and Contracting: 2 Months 10 Days Perm'itt'ing: 1 Month Construction: 12 Months Final Inspection Closeout: 3 Months Potential Weather Delay: 1 Month Total Period of Performance: 36 Months The materials and work funded pursuant to this subgrant Agreement are intended to 'decrease the vulnerability of the building to property lasses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural or man made disaster. The funding provided by the Division of Emergency Management (DEM) under this subgrant is only intended to pay for the materials and labor for the installation of storm shutters andlor other hardening activities as a retrofit measure for the Recipient's building to reduce andlor mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by the Division in no way confers or implies any warranty of use or suitability for the modifications made or installed. The state of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not limited to, any implied warranties andlor conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality. This project has not been evaluated as meeting the standards of the Department of foreland security federal Emergency Management Agency EMA) as outlined in the guidance manual,. FEMA 361-- Design and Construction for Community Shelter. It is understood and agreed by the Division and the Recipient that the building has vulnerabilities due to age, design and location which may result in damage to the building even after the installation of the mitigation measures funded under this s bgrant Agreement. It is further understood and agreed by the Division and the Recipient that this mitigation project is not intended to make the building useable as a shelter for the F ecipient "s staff or any other citizens in the event of any natural or man-made disaster. 1 Bred et Line Item Budget* Materials and Labor: Phase I:renueer Fees: Sub-Total: A dministrative host: Total: Project Cost Federal Share Local Shar $680,250.00 $51 O 188.00 $170 - $176,208.0Q $_.._55,736.00 $915,194.00 $686 $228,838.00 3,03 $..19,304.33 $ 0.09 $91 5,194.09 $705J00.00 $ 138.00 * Any line item amount in this Budget may be increased r 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 Surr m r Federal Share: $686,336.03 % Local Share: 1228,798.00 % Total Project Cost: $915,194.00 100% we, 00/ 8!2008 FEDERAL EMERGENCY MANAGEMENT AGENCY H P B -D2 10:24 HAZARD MITIGATIDN GRANTS PROGRAM AI Obligation Report Signatures Disaster I=EI A Amendment state Action - supplemental No Project No No Application I No No State Grantee 1 539 106-R 1 160 3 103 FL Statewide ubgrantee: Sanford Project Title CITY OF SALFORD, SEMIN LE COUNTY, SANFORD PUBLIC Sub grantee FIPS Code: 117-63650 SAFETY COMPLEX - WIND RETROFIT FIT Total Amount Toter Amount Total Amount Total Amount Available Previously Allocated Previously Obligated Pending Obligation for New Obligation $686,396 $636,396 o 0 Project Amount Grantee Adrnin Est Subgrantee Admin Est Total Obligation IMS Date IF MIS Status FY $636,396 $3,529 $19,304 $709,229 09/0312008 Accept 2008 Comment Date: 09/D4/2008 User ld: DVAN E lf1 ornment: MA approves obligation Date: 09/0812008 User ld: BCOLON CD rnent: HMO approves obligation Authoei ation Pr p r r Name: DAVID VANDEWATER Pr paration' Dat : 09/0412008 HMO Authorization Name: BETSY COLON HMO Authorization Date: 09/08/2008 Sliding Scale Percentage up to $100, 000 - 3.00% up to $1 , DO,000 2.00% up to ,D00,000.0D = 1.00% Excess 0.50% 16—A 0910812008 FEDERAL EMERGENCE' MANAGEMENT AGENCY HMGP- B -0 10:24 HARD MITIGATION GRANTS PROGRAM Obligation Report wl Signatures Disaster FEMA Amendment State No Project No No Appff ti n ID 1 530 IDS-R 1 1 Subrantee; Sanford Subgrantee F f IBS God e: 117-63650 Admin Calculation Admin Cost Calculation: Sliding Scale Justification: Action Supplemental ND No State Grantee 193 FL Statewide Project title : CITY OF SANFORD, SEMINOLE COUNTY, SA FD D PUBLIC SAFETY COMPLEX - WIND RETROFIT Calculation Percentage: /A Authorizina6ffidal Sign re Authorizing Official Title Authorization Date Authorizing Official Signature Authorizing Official Title Si ding Scale Percentage: up to $100,000 3. D% up to $1,000,000 - 2.00% up to $5,000,000.00 -- 1.0010 Excess - 0.50% uth on at n Date 09/0912008 FEDERAL EMERGENCY ENCY ANA E LENT AGENCY HMGP- P` 1 4:06 PM HAZARD MITIGATION GRANT PROGRAM/ Project Management Report Disaster FEMA Amendment App ID State Grantee Number Project Number Number 1539 106 -R 1 160 FL StateWide ubgrantee: Sanford FIPS Code: 117-63650 Project Title: CITY OF SANFORD, SEMINOLE COUNTY, A 1F Rl PUBLIC SAFETY Mitigation Proiect Desc Amendment Status Approved Approval Status: Approved Project Title: CITY OF SANFORD, SEMINOLE COUNTY, SANFORD PUBLIC SAFETY Ci Grantee: Statewide Grantee County Name: Seminole Grantee County Code : 11 Grantee Place Name: Sanford Grantee Place Code : 0 Project Closeout Da : 00100!0000 W ork Schedule Status ubagrantee : Sanford ubgrantee County Name: Seminole ubgrantee County Code: 11 ubgrantee Place Larne : Sanford ugrantee Place Code 63650 Amend # Descrinfion Time Frame Due Date Revised pate Completion Date a MASTER PLANNING AND SITE DESIGN 0 DAYS D0 /00 /0000 00 00!00 1001)0 �MA3TER Pf.ANNiNGAND SITE DESIGN 0 DAYS 1 00 /00 /0000 1 j OQl00l0000 Oa /00 /0000 � CHEMAT . IC DESIGN PHASE _ 0 DAYS _ K0/0:1)/0000 E ooiooiaooa 00100/0000 MISCHEMATIC DESIGN PHASE 0 DAYS /00/000 OQ /00 /0000 LOO/00/00 Dd DESIGN DEVELOPMENT PHASE 0 DAYS 00 /00 /0060 46/00 /0000 00 /OO /OQ00 F1 � ESIGN DEVELOPMENT PHASE 4 DAYS � 00 /00 /006D OU /0010000 00 /00l006Q 170 ONSTRUCTION DOCUMENTS PHASE 920 DAYS 00/00/0000 I 00 /Op /0D00 F oo/0010000 Fi]� ONSTRUCTJON DOCUMENTS PHASE 11 120 DAYS 00 /DO /ODOR OO /OD /OQ00 00 /00/0000 � 0� IDLING AND CONTRACTWG � .5 DAYS 00 /40 /0000 00/00/0000 Do§/00/0000 In �IDDING AND CONTRACTING � DAYS L 0/00100oo OO /dD /0000 D0 /0010000 nO �ERMITT d DAYS UO /OO /OODO F oomm000 - 1OD /UO /OODO 1� PERMITTI�fG 0 DAYS 00 /00 /0000 ' Oa /DO /OODd OD /00 /0000 j � PQNSTRUCTION � 60 DAYS i 00!00 /0400 00/00 10006 00!00 /OOQD ' M ,ICONSTRUCTION § 60 DAYS � OO /OO /OOQO ; 40/00 /0000 00 100 /0000 � � �TATE CONTRACTING _ 180 DAYS � C DD /OO /OODQ 00/00 /000 00100!0006 1❑�TATE CONTRACTING 980 DAYS I 00 /00 /0000 00 /00 10000 D0106 /0000 j 1_�] LFINAL INSPECTION AND CLOSEOUT ED DAYS OO /OO /OODD �D/oD /OOQO D� /00 /0000 i B FINAL INSPECTION ANb CLOSEOUT 0 DAYS 100 /00 14000 ;, D0 /0010000 r d0 /00 /0000 JrOTENTIAL WEATHER DELAY 0 DAYS 00/00/000 00 /00/0000 � D0 /0 0 ��. OTENT{AL WEATHER DELAY 0 DAYS 00 /0010000 ; 04/00/0000 F 00/0 Approved Amounts Total Approved Federal Total Approved Nora- Federal Net Eligible Share Peroent Federal Share Amount Share Percent g1 i 75.030000000 000000 1 -- Total Approved Non -Fed Share Amount $ 8,7 09/09/2008 Project Obligated Grantee Admin Subgrantee FEDERAL'EMERGENCY MANAGEMENT AGENCY 1 M P -AP - 01 4:06 PM Amount HAZARD MITIGATION ATI GRANT PROGRAM "14, $3,1 $17, 39 $63 ,43 A 06/1812006 0611312008 2006 1506470 167 187 Project M Report - 635,43 Disaster FEMA Amendment App ID State Grantee Number .Project Number Number 1539 106 -R 1 160 FL Statewide ubgrantee: Sanford FIRS Cede: 117-63650 Project Title.: CITY OF SALFORD, SEMINOLE COUNTY, SANFORD PUBLIC SAFETY - -Allocations_ Allocation JFMIS IFMIS Submission' E Support E Amend Prof Alioc Amount Grantee Subgrantee Fetal Number Status Date Date F Y Req ID Number Feat Share Admin Amount Admin Amount Alloc Amount 61 A 08/0212003 05!29/2008 2003 1 392338 10 $614,330 $3,1 1 $1 7,39 $635,436 3 A 06/18/2008 06/1612008 2005 99999 999 - 614,330 $ -3,161 $- 17,39 $- 635,43 88 A 0910412003 08/21/2003 2003 1392338 14 $686 $3,529 $ i9, 0 $709,22 Total $686,396 $3,62 $ 9,30 $709,2 O b l ig ation s Action IFMI , IFMI . Submission ES Support 'ES Amend Suppi Project Obligated Grantee Admin Subgrantee Total Obligated lr Status Date Date FY Req ID Number Mfr Arta - Fed Share Amount Adman Amount Amount 1 A 0610312008 06/03/2008 2008 1492185 185 .185 "14, $3,1 $17, 39 $63 ,43 A 06/1812006 0611312008 2006 1506470 167 187 -61 � $-3,161 $ -17,39 - 635,43 3 A 09/03/2003 09/0812008 2003 1552193 193 193 $686,396, $ , $19,30 $709 Total $680,39 3, $19 $709,2? 1 — 09 /0912008 FEDERAL AL E ERGENCY MANAGEMENT AGENCY HM P - - 01 HAZARD MITIGATION GRANT PROGRAM 4:07 PM Environmental Deport Disaster FEMA Amendment App ID State Grantee Number Project Number Number 1539 106-R 1 160 FL Statewide Subrantee: Sanford FIPS Code: 117- 63650 Project Title CITY OF SAN FORD, I D, SE I I LE COUNTY, SAN RD PUBLIC SAFETY FEMA Laws /E s Laws/E s Status Coastal Barriers Resources Act (BRA ) Completed Clean later Act (WA) Completed Coastal Zone Management Act A) Completed Endangered Species Act (ESA) Completed C omment: No effect to any T E Species. Proposed facility is located within identified Scrub ,day con elation area, but site is in an industrial area. Site photos indicate lack of adequate vegetation. - IVIYERS1 -1 012012006 21:49 GMT Fish and Wildlife Coordination Act (FW A Completed National Historic Preservation Act HPA) Completed Comment: Construction scheduled for Spring 2007 This wind retrofit project with a scope of work described as "the complex's bui[ding envelope, being comprised of the roof, exterior walls, windows, doors, lowers, etc. are all being engineered to meet expanded windload requirements. In addition to these wind requirements, the glazing systems are also being designed to withstand the large missile impact tests as required by the Dade County {Florida} protocol" is categorically excluded from preparation of are Environmental Assessment per 44CFR Part 1 0.8 d ( rr contingent on compliance with noted conditions. This has been reviewed as a cost -plus application with FEMA making no investment in the actual independent construction of a new facility. Any changes to the approved mitigation measure or scope of work will require resubmission though the State to FEMA, and will require re- evaluation for compliance with the. National Environmental Policy Act ( EPA) ) and Sec. 106 of the National Historic Preservation Act lH PA) prior to - initiation of any work. Non- compliance with these requirements -�mary jeopardize FEMA's ability to fund this project. -SSAUE - 07114/ 00 1 9:37 GMT Facility will be located in an industrial area heavily pre-disturbed by construction of adjacent highway intersection and storage tank.- RMYERS1- 1012012006 21:32 GMT Clean Air Act (CAA) Completed E. O. 11988: Floodplains Completed Comment: Proposed facility is located in Zone X per firm 1 211 0045E -I I YEI S1 -1 0/20/2006 1 GMT E-0. 11990: Wetlands Completed 1 —E 09/09/2008 FEDERAL, EMERGENCY MANAGEMENT AGENCY Hi P-EV-01 4;07 PM HAZARD MITIGATION GRANT PROGRAM Environmental Deport Disaster . FEMA Amendment App ID State Grantee Number Project Number Number 1639 106-R 1 160 FL Statewide ubgrante: Sanford FIPS Code: 117-63650 Project Title: CITY OF SANFORD, SEMINOLE COUNTY, SANFORD PUBLIC SAFETY FEMA Laws/Ws Laws/Es Status E.O. 12898: Environmental Justice for Low Income and Minority Populations Completed Comment: Site is located in industrial area. -RMYE= 14101201 00 21:50 GMT FEMA NEPA Process FEMA Status Latex - Completed If an extraordinary circumstance exists and leads to a sign cant environmental impact (see 44CFR 10.8 d , J.. CATER Type Cede are Environ.Assesment shall be prepared 16. Improvements to existing facilities and the No Extraordinary Circumstances Requiring are EA. construction of small scale hazard mit igation measures Documentation Complete 10120 /20 e —: Standard Conditions 1. Any change to the approved scope of work Will require re-evaluation for compliance with / EPA and other Laws and Executive Orders. 2. This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local lavers. Failure to obtain all appropriate federal, state and local en►rironmentarl permits and clearances may jeopardize federal funding. . If ground disturbing activities occur curing 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 and FEMA. I -F 091OW2308 FEDERAL AL EMER ENCY MANAGEMENT AGENCY HM P -EV 1 HAZARD MITIGATION GRANT PROGRAM 4-07 PM Environmental Report Disaster FEMA Amendment App ID State Grantee Dumber Project Number Number 1639 10 -R 160 FL Statewide Subgrantee: Sanford FIPS Code: 117-63650 Project Title: CITY OF SANFORD, SEMINOLE COUNTY, ANF I D PUBLIC SAFETY Co mment: This wind retrofit project with a scope of work described as "the complex's building envelope, being comprised of the roof, exterior walls, windows, doors, louvers, etc. are all being engineered to meet expanded windload requirements. In addition to these wind requirements, the glazing systems are also being designed to withstand the large missile impact tests as required by the Dade County (Florida) protocol" is categorically excluded from preparation of are Environmental Assessment per 44CFR Part 10. 8(d){2 )(xv contingent on compliance with noted conditions. This has been reviewed as a cast -plus application with FEMA making no investment in the actual independent construction of a new facility. Any changes to the approved mitigation measure or scope of work will require resubmission though the State to FEMA, and will require re- evaluation for compliance with the National Environmental Policy Act { 1 PA ) and Sec_ 108 of the National Historic Preservation Act I HPA prior to initiation of any work. Non-compliance with these requirements may jeopardize FEMKs ability to fund this project. - I IIE i 11 lDO 19 :41 GMT The above - listed project meets either or both categorical exclusions defined in 44 CFR 10. d 2 vi) and it and the conditions of this PCE, and that it would have minimal or no effect on natural resources or the human environment. Furthermore, these actions are unlikely to p cause significant cumulative impacts when combined with other past, present and reasonably foreseeable future actions, in accordance with'-44 CFR Part 10.8 (d )(3)(x). Mork may proceed if otherwise eligible and approved by the HI IGP Program. Any change to the approved scope of worm w ill require re- evaluation for compliance with the NEPA. Non-compliance with this requirement may jeopardize receipt of federal funds. " Project Conditions: Sub -grantee must obtain and comply with all necessary state and local permits, codes, and standards, and conditions set forth in each, including employment of standard best management practices (BMP).; "h Actions must not affect historic properties, and potential effects to historic properties (if any ) have been addressed in consultation with the State Historic Preservation Officer HP and conducted in accordance with Section 106 of the National Hi todc Preservation Act. If during project implementation it appears that previously - unidentified historically or archaeologically significant materials (or evidence thereof} are discovered, the sub - grantee shall stop work immediately, notify FEMA, and tape all reasonable measures to avoid or minimize farm to the property. The sub - grantee would not proceed with work until FEMA, in consultation with the SHPO, determines that appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act. • DActions must not have extraordinary circumstances as described in 44 CFR Part 10.8(d)(3). •CDActions must comply With the requirements of Executive Orders (E O) 11 988 Floodplains , EO 11990 (Wetlands), and EO 12898 Environmental Justice); „ OActions affecting resources regulated by the Clean Water Act rnu t qualify under the LAS Army Corps of Engineefs Nationwide Permit Program and Florida Department of Environmental Protection (DEP) General Permit; 'I The project will have no effect on any federally listed threatened or endangered species, or their habitat, and is in compliance with the Endangered Species Act (ESA). -R I EI 1 -1 0/20/2006 22:07 GMT 7/14108 - EO approval for an amendment to correct NEMIS error in its calculation of the original obligation amounts. The original project information has not changed. -I I11 YERS 1.07/14/200 14:31 GMT 16-G Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program HMGP are generally governed by the following statutes and regulations: ( The Robert T. Stafford Disaster belief and Emergency Assistance Act; (2) 44 CF R Parts 7, g, 1 o, 1 # 1 , 1 , 1 , 25, 206, 220, and 221, and any other applicable . FF 1A policy memoranda and guidance documents, (3) State of Florida Administrative Plan for the Hazard Litigation Grant Program; (4) Hazard Mitigation Long -term Recovery Guidance; and (5) All applicable lags and regulations delineated in Attachment C of this Agreement In addition to the above statues and re ulations, the Recipient must comply with the following: The Recipient nt shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Wort attached to this Agreement, in accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. ent. recipient shall not deviate from the approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Recipient and any land use permitted by or engaged in by the I eciplent, shall be consistent with the local com p rehens ive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part 11, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized four, 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. Red : pient agrees that any repair or construction shall b in accordance with applicable standards of safety, decently, and sanitation, and in conformity with applicable odes, specifications and standards. Recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HP as may be required. If the Lazard mitigation project described in Attachment A includes an acquisiti n or relocation project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record In the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired accepted, or from which a structure will be removed pursuant to the project: The property will be dedicated and ,maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 2. No new structure will be erected on property other than: 1 (a) a public facility that is open on all sides and functionally related to a designated open space; (b) a restroorn; 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. HM GP 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 44C 20.b. The Nation Environmental Policy Act EPA stipulates that additions or amendments to a HM G P Recipient Scope of Work SO shall be reviewed by all State and Federal agencies participating in the N EPA process. You are reminded that no construction may occur in 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 charges to the approved project Scope of Work (SOW). Per the Uniform Administrative requirements for Grants and Cooperative Agreements to State and Local Governments: For construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (44 CFr 1 (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 th.e 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 FEIVIA 60 days prior to the project expiration date. STATEMENT OF ASSURANCES The recipient assures that it will comply with the following statues and regulations, to the extent applicable: 1) 53 Federal Register 8 034 2 Federal Acquisition Re 31.2 and 031.2 3) Section 1 352, Title 31,. US Code 4) OMB Circulars A -21, A -, A -110, -122 5) Chapter 473, Florida Statutes 6) Chapter 215, Florida Statutes 7) Section 768.28, Florida Statutes 8) Chapter 119 Floridan Statutes 9) Section 21 .1 1 , Florida Statutes 1 g Cash Management Improvement Act Of 1990 11 American with Disabilities Act 12 Section 112.061, Florida Statutes 1 Immigration and Nationality Act 1 Section 286.011, Florida Statutes 1 1 E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CF , Part 66, Common rule, 1 Uniform Relocation Assistance and Real Property Acquisitions Act of 1 970 17 Title I of the Omnibus Crime Control and Safe Streets Act of 1963, 18 uvenHe Justice and Deiinquen cy Prevention Act, or the Victim s of Crime Act 1 8 CFR applicable to grants and cooperative agreements . 20) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 1 USC 3789(4), or Victims of Crime Act as appropriate); 2 Section 594 of the Rehabilitation Act of 1973, as amended; 3 Subtitle A, Title i1 of the Americans with Disabilltles Act (ADA) ( 24) 8 CFR Fart 42, Subparts C,D : E, and 25) Department of Justice regulations on disability discrimination, 28 CFR Part 38 and Part 39. 19 Attachment c Statement of Assurances To the extent the following provisions apply to this Agreement, the Recipient certifies that; (a) It possesses legal authority to enter into this Agreement, and to carry out the proposed program; (b ) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained 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 the 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 anyGontrapt or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Recipient shall 'rncor orate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose state above; (d ) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by 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: 'I Contract Work Hours and Safety Standards Act of 1962, o 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 gage rates for all hours worked in excess of forty hours in a work creek; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 of seq. requiring that covered employees be paid at least the rinirnum- prescribed gage, 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. (9 It will comply with: Title Ill 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, b denied the benefits of, or b otherwise subjected to discrimination under any program or activity for which the Recipient receives Fed financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; 20 2 Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended 42 U.S.C.: 6101 -6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973: (3) Executive Order 11246 as amended by Executive Orders 11375 and 12066, 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 r gives the appearance of being motivated by a desire for private gain for themselves or others, particularly arose with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.31 6, FS: (h)' it will comply with the Anti-Kickback Act of 1386, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; {l it will comply with the provisions of 18 USc 594, 598, 600 -606 (further known as the Hatch Act) which limits the political activities of employees; It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USe 4002 -41 07, 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 acqurisition 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; (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 Accessab il ity Standards," AS which is Appendix A to 41 C FR 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; l It will, in connection with its performance f environmental assessments under the National Environmental Policy Act of 1 969, comply with Secti n= of the National Historic Preservation Act of 1 966 (U.S.C. 470 ) Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 16 U.S.C. 69a -1 t et seq.) by: ( consulting with the Mate 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 600.8) by the proposed activity; and (2) Complying with all requirements established by the Mate 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 n f Emergency Management and the Advisory council on Historic Preservation, P •' vw hich addresses roles and responsibilities of Federal and Mate entities in implementing Section 106 of the National Historic Preservation Act 21 (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFr part Bog. (4) When any of recipients projects funded under this Agreement may affect a historic property, as defined in 36 CFr Boo. (2)(e), the Federal Emergency Management A (FEMA)may require recipient to review the eligible scope of-work in consultation with the State Historic Preservation Office SHP 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 'i (standards), the secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) Federal register 44734-37), or any other applicable Secretary of interior standards. If FERIA determines that the eligible scope of work will net conform with the standards, recipient agrees to participate in consultations to develop, arid, after execution by all parties, to wide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) recipient agrees to notify FEMA an d 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 for footings and foundations; and installation of utilities (such as water, severer, 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. FE MA will request the HP rs opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise recipient on any feasible steps to be accomplished 'to avoid any National register eligible archeological property or will make recommondations for the development of a treatment plan for the recovery of archeological data from the property. If recipient is unable to avoid the archeolo property, develop, in consultation with the SHP, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties ". Recipient shall forward information regarding the treatment plan to FEiIA, the SHPO and the council for review. If the SHPO and the Council do not object within 1 calendar days of receipt of the treatment plan, FE IA may direct recipient to implement the treatment plan. if either the Council or the SHPO object, recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify the Division and FEIVIA as soon as practicable: a of any changes in the approved scope of work for a National register eligible or listed property; b of all changes to a project that may result in a supplemental DSr or modify an HIV GP 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 are unanticipated manner. recipient acknowledges that FE NIA may require recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National register or upon learning that construction may affect a known historic property in an unanticipated manner. recipient further acknowledges that FE NIA may require recipient to take all reasonable measures to avoid or minimize harm to such property until FE MA concludes consultation with the SHIP 0. recipient also acknowledges that FE IA will require, and recipient shall corn ply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEIVIA specifically stipulates otherwise, it shall not 2 receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or haying the legal power to prevent it, allowed such significant adverse affect to occur. It will comply with Title IX of the Education Amendments of 1972, as amended 20 U.S.C.: 1681 -1683 and 1686 -- 1 666) 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 -46 -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 -- , 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.G. 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 Tine VIII of the Civil Fights Act of 1 968, 42 U.S.C. 2000c and 42 3601-3619, as arn end ed, relating to non - discrimination in the sale, rental or financing of housing and Title VI of the Civil Fights Act of 1964 P.L. 88-352), which prohibits discrimination on the basis of race, color or nation 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 arnertded, 42 U.S.C. 419 -7626; (v) It wil l comply with the Endangered Species Act of 1973, 16 U.S.C. 1531 -1 544; ( w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728 -4763; c It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as mended, 16 U.S.C. 270; (Y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1 969, 42 U.S.C. 4321-4347; It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 4 9a, et eq; as It will comply with the Rehabilitation n Act of 1 973, Section 564, 29 U.S.C. 794, regarding non - discrimination; ( bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1 9741 42 U.S. C. 300f-300j , regarding the protection of under round water ounces; c t will comply with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621 -4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; 2 (dd)It will comply with the wild and Scenic Divers Act of 1963, 16 U.S.C. 1271 -1 237, related to protecting components or potential components of the national wild and scenic rivers system; ( ee)It will comply with the following Executive O rders: EO 11514 EPA ; EO 11 738 (violating facilities); E . 11 938 Floodplain Management); ; E 11990 (Wetlands); and Eo 12898 Environmental Justice); ( ff)It will comply with the coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; ( gg)It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1 451 -1 464; and (hh) It will comply with the Fish and Wildlife Coordination Act of 1953; 16 U.S.C. 661 -666. (ii) W ith respect to demolition activities, it will: 1. create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained thereon. 3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the county Health Department. 4. Provide documentation of the inspection results for each structure to indicate: a. Safety Hazards Present b. Health Hazards Present C. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. Notify the Division promptly of any unusual existing condition which hampers the contractors work. 3. Obtain all required permits. 9. Provide addresses and marked reaps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. 10. Comply with mandatory standards and policies relating to enemy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (Public Lawn 94-163). 1 comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act 2 U.S.c. 1857 h , Section 508 of the Clean water Act 33 U.S. 1 368), Executive Order 11788, and the U.S. Environmental Protection Agency regulations o C R Part 15 and 61). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. 2 Attachment D DIVISION of EMERGENCY MANAGEMENT R EQUEST FOR ADVANCE OR EIMBU SE ENT of HAZARD MITIGATION GRANT PROGRAM FUNDS RECIPIENT NAME: City of Sanford _ ADDRESS' CITY, STATE, ZIP CODE: PAYMENT No: DEM Agreement No: 09HM - - -9 -0 -097 FEMA Tracking Numbers: 1 539 - - Eligible Obligated Obligated DEM Use Onl A mount Federal N Pr�V�ou Current 100 % 2 Payments Request roared Comments TOTAL CURRENT REQUEST 1 Certify that to the best of ray knowledge and belief the above accounts are correct, and that all disbursements were made In accordance with all conditions of the Division agreement and payment is due and has not been previously requested for these amounts. RECIPIENT SIGNATURE NAME AND TITLE DATE: To BE COMPLETED BY DIVISION of EMERGENCY MANAGEMENT APPR PROJECT TOTAL ADMINISTRATIVE COST APPR F PAYMENT GO VERNOR'S 'S AUTH RI ED REPRESENTATIVE DATE Attachment D (continued) DIVISION OF EMERGENCY MANAGEMENT SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION GRANT PROGRAM Applicant: Cit f Sanford - Disaster No.. 1 539 DEM Agreement ent N . ICI - - - - -007 FEI A Tracking # 1539-106-R Applicant's Date of delivery DOCUMENTATIO Applicant's Reference a No. of articles, List Documentation (Applicant's payroll, material out of Eligible Costs (warrant, Voucher, completion of applicant's stock, applicant owned equipment and name of l00% Claim Check, or work or gender or contractor) by category and line Item to the Schedule No. ) performance approved project application and give a brief description of services. the articles or services. TOTAL Attachment meat E JUSTIFICATION of ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes-below, if you are requestin an advance. If an advance payment is requested, budget data on which the request is based must be su r itted. Any advance payment under this Agreement is subject to s. 216.181 (16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET [ ] ADVANCE REQUESTED Advance payment of is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start -up supplies and equipment. We would net be able to operate the program without this advance. If you are requesting an advance, complete the following worksheet. - r-irst tnree rn ntns expenuitures neea oniy rye proviciea Tor tree years in wnic n you requestea are a uva n e. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED= AL LATION Dell D8 X $ HMGP Award MAXIMUM (Do not include match ) ADVANCE REQUEST FOR WAIVER F CALCULATED MAXIMUM L ] eci lent has n previous HMGP contract history. Complete Estimated Expenses chart and xplanation of Circumstances below. Recipient has ex a tional circumstances that require an advance greater than the Maximum imum Advance calculate above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages it needed. 2 (A ) (B D ) (D) FFY FFY FFY Total DESCRIPTION 2006 -2007 2007 -2008 2008 -2009 I INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES 1 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by 11ne 1. - r-irst tnree rn ntns expenuitures neea oniy rye proviciea Tor tree years in wnic n you requestea are a uva n e. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED= AL LATION Dell D8 X $ HMGP Award MAXIMUM (Do not include match ) ADVANCE REQUEST FOR WAIVER F CALCULATED MAXIMUM L ] eci lent has n previous HMGP contract history. Complete Estimated Expenses chart and xplanation of Circumstances below. Recipient has ex a tional circumstances that require an advance greater than the Maximum imum Advance calculate above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages it needed. 2 ESTIMATED EXPENSES BUDGET CATEGORY 2008-2009 ---------------- Anti E enditures for First Three Months of Contract ADMINISTRATIVE ATIVE COSTS PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: 28 Attachment F DIVISION of EMERGENCY CY MAI AGEMEI T HAZARD MITIGATION GRANT PROGRAM QUARTER REPORT FORM F E I P I ENT: City of Sanford PROJECT LOCATION: Wind Retrofit Project Number: 1539-106-R D E 1 ID #0 09 H i -9 -9 - -o2- O DISASTER NUMBER: FEMA -1 539 - Dry -FL QUARTER TEF ENDING: Provide amount of advance funds disbursed for period if applicable) $ Provide reimbursement projections for this project: July --Sep, 200 — $ cot -Dec, 200$ Jars -liar, 200 Apr -June,, 200 July-Sep, 200 Oct -Dee, 200,$ Jars -Mar, 209,$ Apr - June, 200�$� Percentage of work Completed mar be confirmed by state inspectors): % Project Proceeding on Schedule: [ ] Yes [ ] No Describe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [ Cost Unchanged [ Under Budget [ ] over Budget Additional Comments /Elaboration: NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and /or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scop o f work, etc. Pl ease contact the Division as soon as these conditions become known, otherwise y may be found non - compliant with your subgrant a ward. Name and Phone Number of Person Completing This Form 2 Attachment W arranties and representations Financial Management Recipient's financial management system shall provide for the following: ( 1) Accurate, current and complete disclosure of the financial results of this project or program ( 2) records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligat d 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 assume 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 backu d ocumentation.. C ompetition. All procurement transactions shell be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive p ractices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order t ensure exce llent contractor performance and eliminate unfair competitive advantage, contractors that develop or graft specifications, requirements, statements of work, invitations for bids and /or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. N o employee, officer, or agent shall participate in the selection, award, or ad rn in istration 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 sol icit 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 lours 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 8 000 a.m. to 5:00 p.m., local time, Monday through Friday. Licensing and Perr�ittin 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. 30 Attachment H Contractor Covered Transactions ( The prospective contractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's ipient's contractor is unable to certify to the above statement, the prospective contractor shall attach are explanation to this form. CONTRACTOR By: Signature Recipient's Name Name and Title Division Contract Number. Street Address City, State, Zip Date 31